Resolution No. 12/2024
In brief
By means of Resolution No. 12/2024, published in the Official Gazette on 24 April 2024 (“Resolution“), the Secretariat of Industry and Commerce amended the regime of advertising of goods and services involving an offer to an undetermined audience; it also repealed Resolution No. 915/2017.
In focus
The Resolution’s main purpose is to modify the regulations governing advertisements so that they are clearer, more understandable, and useful for consumers. The aim is to simplify the current regime and prevent consumers from being “over-informed,” which could make it difficult for them to make appropriate purchasing decisions.
In particular, the Resolution establishes the following:
- All advertising of goods or services constituting an offer under the Consumer Protection Law No. 24,240 must include information on: (i) territorial and temporal validity, name, domicile and tax ID of the offeror, and if applicable, mandatory legends or warnings (this information must comply with certain typographical conditions); and (ii) essential characteristics, marketing conditions and, if applicable, stock limitation. This information must be provided through web pages and/or toll-free phone lines.
- If the advertising includes prices on a voluntary basis, it must specify: (i) in the case of non-financed prices, the price complying with current regulations; and (ii) in the case of financed prices, the down payment (if any), the number and amount of installments, the effective annual interest rate, the total financial cost, and other additional expenses or insurance.
In addition, the Resolution repealed Resolution No. 915/2017, through which numerous laws, decrees and resolutions related to commercial advertisements were consolidated.
