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Brazil: CONAR announces new rules to combat greenwashing

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In brief

The National Council for Advertising Self-Regulation (CONAR) approved a new wording for Article 36 of the Brazilian Advertising Self-Regulation Code, promoting the creation of “Section 10 – Environment and Communication of Socio-Environmental Aspects” and Annex “U,” in order to establish specific parameters for advertising that uses claims of sustainability and socio-environmental responsibility. 

More details

On 24 October 2025, the CONAR approved important updates to Article 36 and Annex “U” of the Brazilian Code of Advertising Self-Regulation in order to curb “greenwashing” practices in advertising by product and service suppliers in Brazil. The new rules, which will come into force 30 days after publication, aim to strengthen transparency and accountability in communications involving sustainability, the environment, and socio-environmental aspects.

Among the main changes implemented, the following stand out:

  1. Article 36, which is part of Section 10 – Environment and Communication of Socio-Environmental Aspects, has been expanded to include relevant topics such as biodiversity, climate change, and waste disposal, reinforcing advertising’s commitment to environmental protection in different dimensions. In addition, two new complementary rules have been introduced:
    1. Article 36-A: Encourages the use of positive attributes related to the environment and social responsibility in advertising, provided they comply with the principles of the Code and current legislation.
    2. Article 36-B: Defines essential guidelines for advertisements containing claims on sustainability and social and environmental responsibility, also guiding the appropriate use of technical terminology in this context.
  2. Annex “U” has undergone a complete revision, now including a preamble and definitions, which contributes to greater clarity and consistency in environmental claims, namely:
    1. Proof of environmental claims has become mandatory, requiring technical documentation or recognized certifications to support any such statement.
    2. The use of generic terms will only be permitted if the scope and limits of the claim made are clearly specified.
    3. With regard to climate change and waste, the new sections deal with emissions, carbon offsets, and waste management, requiring the indication of the life cycle of the product or corresponding system.
    4. As for environmental goals and commitments, advertisements must present defined deadlines, action plans, and verifiable sources, allowing the public to monitor the progress of the initiatives disclosed.

Thus, CONAR’s new rules for advertising involving sustainability and social and environmental responsibility claims establish clearer and more specific criteria for environmental claims, requiring technical proof, greater transparency, and accuracy in the information disclosed.

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Daniel Rocha, Legal Assistant, has contributed to this legal update.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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