1) Advertising of goods and services to consumers in Argentina

The advertising of goods and services to consumers in Argentina is regulated by a multiplicity of rules, with the addition of the new Resolution No. 12/2024 of the Secretariat of Industry and Commerce (hereinafter, the Resolution)[1].

The Resolution modifies or complements other rules on the advertising of goods and services to consumers in Argentina[2], and we will comment in general on some aspects of it below.

2) The purpose of the Resolution

The Resolution regulates the content and visibility of the advertising of goods and services to consumers that imply an offer to undetermined potential consumers under the terms of Section 7 of the Consumer Defense Law No. 24,240.

3) The content and visibility of the advertising of goods and services to consumers in Argentina.

The Resolution establishes that, among other things, advertising of goods and services to consumers must contain:

(i) Information about the supplier;

(ii) Temporal and territorial validity of the offer;

(iii) Certain guidelines of size, time of exposure, etc. aimed at facilitating comprehension.

The form of display of the information in terms of its visibility varies according to the medium in which the advertising of goods and services to consumers in Argentina is carried out: distinguishing between:

(i) graphic;

(ii) television or cinematographic; and

(iii) digital.

In addition, a website or a toll-free telephone line must be added, where additional information will be provided on the conditions and limitations that apply.

 Finally, the Resolution deals with the advertising of goods and services to consumers mentioning the price, distinguishing between financed and non-financed prices, in local or foreign currency, in the latter case when the goods or services are rendered from, to, and abroad, in which case it may be expressed in U.S. Dollars. It also regulates the manner of expressing discounted prices.

4) Complementary rules according to the goods and services offered

Some products and services have specific advertising requirements that must also be complied with, both at the national and provincial level and in the Autonomous City of Buenos Aires (for example, for alcoholic beverages, gambling, cigarettes, etc.).

5) Penalties

Failure to comply with the rules on advertising of goods and services to consumers set forth in the Resolution will be sanctioned in accordance with the Decree of Necessity and Urgency No. 274/2019 on Commercial Loyalty and/or Law No. 24,240 on Consumer Defense.

6) Validity

The Resolution will become effective 30 days after its publication in the Official Gazette on April 24, 2024. In other words, it will be in force as of May 24, 2024.

Mario E. Castro Sammartino

[1] Available here: http://servicios.infoleg.gob.ar/infolegInternet/anexos/395000-399999/398486/norma.htm 

[2] Such as the Consumer Defense Law No. 24,240 itself; Resolution No. 7/2002 of the Secretariat of Competition, Deregulation and Consumer Defense on prices – information systems; Resolution No. 55/2002 of the Secretariat of Competition, Deregulation and Consumer Defense on sales prices per unit of measurement, marketing under “self-service” mode; Resolution E 915/2017 of the Secretariat of Commerce, Ministry of Production; and the Decree of Necessity and Urgency No. 274/2019 on Commercial Loyalty.

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