Advertising, Marketing & Promotion Comparative Guide

1 Legal framework

1.1 What are the main legislative and regulatory provisions that govern advertising in your jurisdiction?

Argentina has no single code governing advertising; instead, the rules are disseminated throughout different laws.

The most relevant laws applicable to advertising business are as follows:

• the National Civil and Commercial Code;
• the Consumer Protection Law (24,240);
• Executive Order 274/2019 on Fair Trading;
• the Trademark Law (22,362);
• the Copyright Law (11,723);
• the Media Law (26,522);
• the Data Protection Law (25,326);
• the Front-of-Pack Labelling Law (27,642).

There are also certain provisions which are applicable to advertising in industry-specific laws, such as the Law Against Alcoholism (24,788). Finally, self-regulation plays a primary role in the Argentine advertising regime. The Advertising Self-Regulation Council (CONARP) has issued a self-regulatory code which is applicable to all kinds of advertising in Argentina.

1.2 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have particular relevance for advertising in your jurisdiction?

There are no specific bilateral or multilateral treaties to which Argentina is a signatory. However, Argentina belongs to the Southern Common Market, which periodically issues resolutions for states parties to incorporate into their national legal systems and has issued resolutions on advertising in the past.

1.3 What industry codes or guidelines have relevance for advertising in your jurisdiction?

As stated in question 1.1, there is no single code governing advertising. However, CONARP's self-regulatory code and institutional papers set out principles and guidelines for responsible advertising practices.

1.4 Which bodies are responsible for implementing and enforcing the advertising regime in your jurisdiction? What is their general approach in doing so?

Various government agencies and courts are in charge of enforcement in relation to advertising, depending on the products or services in question. For example, the National Administration of Medicines, Food and Medical Technology is in charge of regulation and enforcement in relation to the advertising of medicines. The most common remedies that government agencies apply include:

• fines or penalty payments; and
• cancellation/suspension of a licence or authorisation.

The administrative or judicial authorities involved in each case will depend on the infringement and the course of action chosen by the injured party. In relation to the main rules and regulations that apply to advertising issues, the following authorities are involved:

• Secretary of commerce: An administrative procedure can be filed before the secretary of commerce for infringement of the Consumer Protection Law and Executive Order 274/2019 on Fair Trading.
• National Institute of Industrial Property: This body has jurisdiction over administrative procedures for trademark matters.
• Federal courts for civil and commercial matters: These courts have jurisdiction to hear cases involving misleading advertising and unfair competition.

2 Authorisation and clearance

2.1 Do advertisers need any kind of licence or authorisation in order to operate in your jurisdiction?

Advertisers require no specific licence or authorisation at either the national or the provincial/municipal level. However, Title III, Chapter I of the Media Law provides that persons governed by public law, both state and non-state, and natural and legal persons governed by private law, whether profit-making or non-profit-making, require authorisations and/or licences respectively to install and operate audiovisual media services.

2.2 Do ads require any kind of clearance before they can be released in your jurisdiction?

No mandatory pre-approval is required from the government before an ad can be released. Executive Order 274/2019 on Fair Trading provides that:

• the enforcement authority may not require authorisation or supervision prior to the dissemination of advertising; and
• control will be exercised only over ads that have been disseminated in the market.

Resolution 983/2013, issued by the Federal Agency of Audiovisual Communication Services (since replaced by the National Communications Entity), established the Television Audiovisual Advertising Registry, with which advertising agencies, direct advertisers and/or advertising production companies must register each ad to be broadcast on broadcast television services or national channels.

Finally, specific products must contain certain pre-approved disclaimers in order to be lawful, such as:

• tobacco;
• medicines;
• alcohol; and
• food.

3 General advertising regime

3.1 What general rules and requirements apply to ads in your jurisdiction?

Ads must comply with the following requirements:

• They must provide accurate and detailed information on all matters relating to:
• • the essential characteristics of the goods and services offered;
  • the conditions under which they are marketed; and
  • all other circumstances relevant to the contract.
• This information must always be provided free of charge to the consumer and in such a way that the consumer can understand it.
• They must respect moral principles and good customs.
• In the case of statements that may influence the final decision to choose the advertised brand over others, they must be truthful, objective, accurate, verifiable, relevant and pertinent, so as to minimise any risk of misleading the consumer.

Additionally, the Secretariat of Industry and Commerce recently issued Resolution 12/2024, which aims to simplify the regulations governing advertising "in such a way that they are clearer, more understandable and useful for the recipient of the information".

Among other things, it specifies:

• information to be included in ads for goods or services aimed at undetermined potential consumers;
• formal requirements to be met by ads, which vary depending on the medium through which they are to be disseminated (graphic, television or cinematographic and/or digital media); and
• requirements to be complied with by ads in which the prices of goods or services are voluntarily advertised.

The following requirements apply to comparative advertising:

• It must not be misleading, deceptive or confusing:
• • as between the advertiser and a competitor; or
  • as between the advertiser's goods and those of a competitor.
• It must compare goods that satisfy the same needs or have the same purpose.
• The comparison must be made objectively between one or more essential, relevant, representative and verifiable characteristics of those goods (which may include the price).
• The purpose of the advertising must be to inform the target public of the advantages of the goods being advertised.
• It must not disparage or denigrate the intellectual and industrial property rights or circumstances of any competitor.
• It must not take undue advantage of the reputation of a competitor's brand.
• It must not present a good as an imitation of a good bearing a protected trademark.
• In the case of goods protected by a designation of origin, geographical indication or specific designation, a comparison may be made only with other goods of the same designation.

3.2 What rules and requirements apply to puffery in your jurisdiction?

There are no specific rules on puffery or exaggeration in advertising. These may be considered lawful unless they qualify as misleading advertising.

3.3 Under what circumstances must claims in ads be substantiated?

All advertising claims are subject to regulation, including express and implied claims. Mere puffery, which is considered harmless because consumers do not believe it, falls outside the realm of deceptive practices and thus does not require substantiation or prohibition. There is a thin line separating puffery from claims that require substantiation. Generally, the more obvious the exaggeration (without becoming puffery), the safer the claim.

The regulator and/or the eventual judge will analyse the dispute on a case-by-case basis and the burden of proof will rest with the party asserting that the ad contains deceptive claims.

There are no specific statutory rules on the obligation to substantiate claims in Argentina. However, the Advertising Self-Regulation Council's (CONARP) self-regulatory code sets out guidelines which may be summarised as follows:

• The substantiation must be robust, objective and ascertainable; and
• It should be made by an independent scientific entity with a specific impact on advertised products.

3.4 What rules and requirements apply to the use of the following? (a) Test results; (b) Survey results and (c) Testimonials.

(a) Test results

CONARP's self-regulatory code states that any advertising that demonstrates the practical use of a product must:

• do so truthfully and in a verifiable manner under the same conditions as those displayed in the message;
• refrain from showing qualities that the product does not possess; and
• avoid creating expectations that the product cannot meet.

(b) Survey results

CONARP's self-regulatory code states that where surveys are used in messages, they should:

• be conducted in a methodical, representative and verifiable manner; and
• be able to support the content of the message.

(c) Testimonials

CONARP's self-regulatory code states that testimonial advertising must:

• include only testimonials or authentic recommendations of the real experiences of the people giving their testimony or their representatives, which must be verifiable; and
• avoid false testimony.

Any representation of real people or dubbing must be expressly authorised by the represented or dubbed.

3.5 What rules and requirements apply to the protection of minors?

The Front-of-Pack Labelling Law provides that all forms of advertising, promotion and sponsorship of packaged food and soft drinks containing at least one warning label and specifically targeted at children and adolescents are prohibited. Moreover, in all other cases that contain at least one warning label, it is prohibited to:

• include children's characters, animations, cartoons, celebrities or sportspeople, among other things; or
• give or promise prizes.

Moreover, CONARP's self-regulatory code states that all advertising should take special care of children's credulity and young people's inexperience. In consequence, any ad must:

• be careful about the content of the message;
• avoid the visual presentation of dangerous practices or situations that may induce minors to emulate them at the risk of their safety;
• avoid showing dangerous objects out of the reach and use of children;
• avoid showing children committing illegal acts;
• avoid showing young children operating electrical or gas appliances, or lighting fires, without adult guidance; and
• avoid showing children driving adults' vehicles.

CONARP's self-regulatory code also sets out specific guidelines on advertising messages for children or adolescents. In addition, the Media Law contains similar provisions to CONARP's self-regulatory code to protect the interests of young people.

3.6 Are certain forms of advertising prohibited in your jurisdiction?

Any form of advertising may be prohibited if it meets the following criteria:

• It contains false information or information of such a nature as is likely to mislead or be likely to mislead consumers, where this relates to essential elements of the product or service;
• It makes comparisons of goods or services which are of such a nature as is likely to mislead the consumer; or
• It is abusive or discriminatory, or it induces consumers to behave in a manner that is harmful or dangerous to their health or safety.

4 Misleading advertising

4.1 On what grounds will an ad be found to be misleading in your jurisdiction? How does the process unfold?

The National Civil and Commercial Code prohibits all forms of advertising that contain false information or information of such a nature as to mislead or be likely to mislead consumers, where this relates to essential elements of the product or service. Moreover, Executive Order 274/2019 on Fair Trading prohibits any kind of advertising that includes inaccuracies or concealment that may mislead, deceive or confuse concerning the characteristics or properties, nature, origin, quality, purity, mixture, quantity, use, price or conditions of the products and services. In addition, it considers the following to constitute acts of unfair competition:

• misleading consumers as to the entrepreneurial origin of the activity, the establishment or the goods or services themselves in such a way that they are deemed to have a different origin;
• imitating goods and services or business initiatives in a way that:
• • is likely to cause confusion as to the origin of the goods or services; or
  • involves taking unfair advantage of the reputation or efforts of others; and
• committing acts of denigration based on false assertions.

Finally, the Consumer Protection Law states that anyone that produces, imports, distributes or markets goods or provides services must provide consumers or users with truthful, detailed, effective and sufficient information on their essential characteristics in a true and objective manner.

4.2 If an ad is found to be misleading, what are the consequences for the advertiser?

According to Executive Order 274/2019 on Fair Trading and Consumer Protection Law, natural and legal persons will be liable to penalties including:

• warnings;
• fines;
• suspension from the National Register of State Suppliers for up to five years;
• loss of concessions, privileges or special tax or credit regimes;
• closure of the establishment for a period of up to 30 days; and
• legal actions such as:
• • an action to cease the act or a prohibition thereon;
  • an action for compensation for damages caused by an act of unfair competition; and/or
  • injunctive relief.

The penalties may be imposed independently or jointly, depending on the circumstances of the case.

4.3 Can the advertiser appeal the decision? If so, what is the process for doing so?

Yes, the advertiser can appeal the decision.

Executive Order 274/2019 on Fair Trading provides that any sanctioning resolution may be challenged only by means of an appeal:

• before the National Chamber of Appeals in Federal Civil and Commercial Matters; and
• when established:
• • before the Specialised Chamber for the Defence of Competition of the national chamber; or
  • before the corresponding federal chamber in the interior of the country, according to the seat of the authority issuing the resolution.

The appeal must be filed and substantiated before the authority of application within 10 days of notification of the resolution. The authority of application must submit the appeal with its response to the chamber within 10 days, accompanied by the file in which the appealed resolution was issued. It will be granted with suspensive effect.

The Consumer Protection Law also states that administrative acts that impose sanctions may be appealed before:

• the National Chamber of Appeals in federal administrative disputes; or
• the federal chambers of appeals located in the provinces, depending on the place where the act was committed.

5 Specific advertising regimes

5.1 What rules and requirements apply to the following types of advertising in your jurisdiction, and what best practices should be considered in each case? (a) Comparative advertising; (b) Promotional marketing (eg, competitions, lotteries and sweepstakes); (c) Interest-based advertising (ie, tailored advertising based on data collected from internet browsing); (d) Native advertising; (e) Influencer advertising; (f) Ambush marketing; (g) Country-of-origin marketing; and (h) Green marketing.

(a) Comparative advertising

This is regulated in Executive Order 274/2019 on Fair Trading. To be considered lawful, comparative advertising must comply with the requirements set out in question 3.1.

(b) Promotional marketing (eg, competitions, lotteries and sweepstakes)

The rules and requirements may vary in some Argentine provinces. For example, there are different registration requirements for sweepstakes and contests. The costs and time associated with complying with these provincial regimes lead many advertisers to exclude Neuquén, Mendoza, Río Negro, Salta and Tierra del Fuego from the territorial scope of advertising.

(c) Interest-based advertising (ie, tailored advertising based on data collected from internet browsing)

Interest-based advertising is not specifically regulated. However, the Data Protection Law and specific requirements for marketing communications apply to this type of advertising.

(d) Native advertising

There are no specific regulations on native advertising. Instead, the general provisions that apply to traditional media also apply to this type of advertising.

(e) Influencer advertising

Argentina has no special rules on influencer campaigns. However, the Advertising Self-Regulation Council (CONARP) has published a paper entitled "Communication for Commercial Purposes: Legal Recommendations for Influencers", which sets out requirements that influencers must comply with in addition to the general provisions.

(f) Ambush marketing

There are no special rules related to ambush marketing. However, depending on the case, the Trademark Law, the Consumer Protection Law and/or Executive Order 274/2019 on Fair Trading may apply. On the occasion of the 2022 World Cup, CONARP published a paper entitled "Sponsorship of Activities and Ambush Marketing".

(g) Country-of-origin marketing

National Law 25,380 on agricultural and food products safeguards geographical indications and designations of origin utilised for the marketing of agricultural and food products, whether in their natural state, conditioned or processed. The use of geographical indications and/or designations of origin is prohibited on packaging and labels, and in ads and product documents, if it does not comply with the provisions of this law. Moreover, National Law 25,163 on wines and spirits derived from wine acknowledges the protection and registration of Argentine geographical names that indicate the origins of wines and spirits derived from wine.

Under the Trademark Law, the following cannot be registered as trademarks:

• names of national or foreign origin;
• words, names or symbols used or required to be used by:
• • the nation, provinces or municipalities; or
  • religious or health organisations; and
• letters, words, names or symbols used by foreign nations and international organisations recognised by the Argentine government.

(h) Green marketing

Please see question 1.1. Additionally, Argentina has ratified the Paris Agreement – a landmark agreement aimed at combating climate change and accelerating and intensifying the actions and investments needed for a sustainable low-carbon future.

6 Direct marketing

6.1 What rules and requirements apply to the following types of direct marketing in your jurisdiction, and what best practices should be considered in each case? (a) Telemarketing; (b) Email marketing; (c) Direct mailings; and (d) Opt-out marketing.

(a) Telemarketing

Law 26,951 established the Do Not Call Register. Data subjects can apply for inclusion on the register in order to block contact from companies advertising, selling or giving away products and services. Companies offering products and services must check the register on a monthly basis before engaging in marketing calls. If an infringement is verified, the offenders will be liable to the sanctions set out in the Data Protection Law.

(b) Email marketing

Data controllers may process personal data for marketing purposes in the following circumstances:

• The data subject has provided his or her prior, informed and express consent;
• The personal data was collected from legitimate public access sources;
• There is a legal obligation or attribution to process personal data; or
• A contractual relationship exists between the data controller and the data subject that requires or allows for the processing of certain personal data.

Prior to obtaining consent, the controller must provide notice in a clear and visible place with specific disclosures and a mandatory statement.

(c) Direct mailings

Resolution 4/2009 of the Access to Public Information Agency requires that the following be included in every direct marketing communication:

• a clearly visible opt-out mechanism; and
• a transcription of:
• • Section 27.3 of the Data Protection Law; and
  • Section 27.3 of Executive Order 1558/2001.

The opt-out mechanism must efficiently fulfil data subjects' unsubscribe requests, but a particular feature or mechanism is not required to this end. In addition, unsolicited emails must include the term 'Publicidad' ('Ad') in the subject line.

(d) Opt-out marketing

Please see question 6.1(c).

7 Indirect marketing

7.1 What rules and requirements apply to the following types of marketing in your jurisdiction, and what best practices should be considered in each case? (a) Product placement; (b) Sponsorship; and (c) Loyalty programmes.

(a) Product placement

The Argentine advertising legal framework has no specific rules on the placement of products in entertainment content.

(b) Sponsorship

The Advertising Self-Regulation Council's self-regulatory code states that:

(c) Loyalty programmes

The Argentine advertising legal framework has no specific rules on loyalty programmes.

8 Industry-specific regimes

8.1 What regulatory regimes apply to advertising in the following industries in your jurisdiction, and what best practices would you highlight? (a) Gambling (including lotteries); (b) Alcohol; (c) Tobacco; (d) E-cigarettes; (e) Pharmaceuticals (prescription and over-the-counter); (f) Therapeutic products (ie, products which claim to have health benefits but which are not medicines or pharmaceuticals, such as vitamin supplements); (g) Food; and (h) Financial products and services.

(a) Gambling (including lotteries).

This is strictly controlled. The Argentine provinces regulate gambling at a local level.

(b) Alcohol

The Law against Alcoholism (24,788) prohibits all advertising or encouragement of the consumption of alcoholic beverages that:

• is directed at any person under the age of 18;
• depicts any person under the age of 18 drinking;
• suggests that the consumption of alcohol improves physical or intellectual performance;
• uses the consumption of alcoholic beverages as an incitement to sexual activity and/or violence in any way; or
• does not include in a visible place the following legends in Spanish:
• • "Drink in moderation"; and
  • "Prohibited for sale to those under 18."

(c) Tobacco

National Law 26,687 on Tobacco Products prohibits the advertising, promotion or sponsorship of any product manufactured with tobacco. The advertising and marketing of tobacco products is still allowed:

• at points of sale;
• in commercial publications addressed to companies involved in the manufacture, distribution, import, export or sale of these products; and
• through direct communication to people over 18, although only with their previous consent.

Tobacco packaging must include:

• health warnings such as:
• • "Smoking causes cancer"; or
  • "Smoking causes addiction to nicotine"; and
• graphic images depicting the effects of smoking cigarettes.

(d) E-cigarettes

The National Administration of Medicines, Food and Medical Technology (ANMAT) prohibited through Provision 3226/2011 the import, distribution, marketing and advertising or any form of promotion throughout the national territory of e-cigarettes. This prohibition extends to:

• all types of accessories for e-cigarettes; and
• cartridges containing nicotine.

(e) Pharmaceuticals (prescription and over-the-counter)

Prescription-only medicines (POMs): Disposition 4980/2005 prohibits the advertising of POMs directed to the general public.

Over-the-counter (OTC) medicines: In Annex II of Disposition 4980/2005, ANMAT sets out requirements for the advertising of OTC medicines.

(f) Therapeutic products (ie, products which claim to have health benefits but which are not medicines or pharmaceuticals, such as vitamin supplements)

ANMAT has set out ethical guidelines – for example, in Provision 4980/2005 – on the advertising of health products and on dietary supplements. These state that ads should not include phrases or messages that, among other things:

• attribute therapeutic actions and/or properties to a product;
• suggest that a dietary supplement:
• • is a medicinal product; or
  • diagnoses, cures, soothes, alleviates, prevents or protects against a specific disease;
• advise the consumption of a product as a stimulant or to enhance health or prevent or cure a disease; or
• elicit fear or distress by suggesting that a person's health will be affected if he or she does not use the product.

(g) Food

All food advertising must fully comply with ANMAT's regulations. Among other things, these provide that ads for food must not:

• modify the approved labels according to the legislation currently in force regarding the uses, intake and specific properties of the product;
• suggest the degree to which the risk of catching a disease will be decreased due to consumption of the product;
• mention, directly or indirectly, a pathological or abnormal condition;
• make therapeutic claims for a product;
• suggest that a dietary supplement:
• • is a medicinal product; or
  • can diagnose, heal, relieve, mitigate, soothe, prevent or protect against any illness whatsoever. Claims such as 'helps prevent' or 'helps protect' may be included only if the product helps to prevent a typical illness that results from nutrient deficiency; or
• claim that:
• • a food product can replace a conventional meal; or
  • a diet can be based only on a specific food product.

Moreover, the Front-of-Pack Labelling Law states that all forms of advertising, promotion, and sponsorship of packaged food and soft drinks containing at least one warning label specifically targeted to children and adolescents are prohibited. In addition, it sets out certain provisions for advertising food that contain at least one warning label.

(h) Financial products and services

Under the Consumer Protection Law and other applicable resolutions, ads for loan products (mortgages and pledges loans) must disclose specific information. Moreover, under the Financial and Banking Law, unauthorised entities are not allowed to advertise or promote marketing actions to gain consumer resources.

9 Enforcement

9.1 On what grounds can the following parties take action against ads in your jurisdiction? (a) Competitors; (b) Consumer associations; and (c) Members of the public.

(a) Competitors

Violation of the Advertising Self-Regulation Council's self-regulatory code: A competitor can take action, among other things:

• if it or any of its registered trademarks are named in an ad without authorisation; or
• in case of misleading advertising.

(b) Consumer associations

When consumers are misled by an ad with regardsto the product, its nature or its characteristics, a consumer association can bring a claim for breach of:

• Articles 4, 7 and 8 of the Consumer Protection Law, which oblige advertisers to provide consumers with clear, accurate and detailed information about the essential characteristics of:
• • the relevant goods and services; and
  • the terms and conditions of their commercialisation; and
• Article 8 of the Consumer Protection Law, which provides that information and announcements made in ads, leaflets or any other means of communication:
• • constitute an obligation for the supplier to comply with the offer; and
  • are considered part of the contract with consumers.

(c) Members of the public

Please see question 9.1(b).

9.2 What mechanisms are available to them to do so, and what are the pros and cons of each?

Court action: It often takes a long time for the court to issue a final decision (between two and three years) and this is an expensive process (both court and lawyers' fees). However, this is generally the most effective procedure for dealing with infringements.

Mediation: Consumer parties may be summoned to settle the case pre-judicially to avoid a court action. Before filing an ordinary lawsuit, the plaintiff must initiate mediation. The mediation process is quite brief. However, in some cases, where there is no intention to negotiate, the opposing party may not attend the corresponding hearings.

Self-regulatory procedure: Where complaints are filed with the Advertising Self-Regulation Council (CONARP), it will analyse the relevant ad accordingly. If it finds that the ad is contrary to its rules, it will request the discontinuance, adjustment or modification of the ad. This procedure has proved to be very effective, swift and low cost (compared to judicial proceedings). It is commonly used; and the decisions taken by CONARP – although not mandatory – are usually followed by the parties involved, because the most important advertising agencies and companies are members of CONARP.

Administrative procedures: Many different government agencies monitor the advertising of certain products and/or services. However, their procedures are generally time-consuming and the complainant does not have the possibility to apply for personal compensation.

9.3 How does the procedure typically unfold and how long does it take?

Court action: Before filing a lawsuit, the plaintiff must initiate mediation. The court action unfolds as follows:

• the initial stage of filing and answering the claim;
• the evidentiary stage;
• the pleadings; and
• the first-instance judgment.

It can take two to three years to obtain a final resolution.

Mediation: Mediation between the parties is called for. In the event of failure to appear, the instance is closed and the plaintiff may initiate court action.

Self-regulatory procedure: Any interested party can file a complaint with CONARP, which can also act ex officio. The process may take approximately two weeks; but if the circumstances so warrant, depending on the complexity of the matter, CONARP has full power to request and/or produce evidence according to the deadlines it sets.

Administrative procedures: These are governed by the particular government agency involved and the Administrative Procedure Law (19,549). There are generally time-consuming processes.

9.4 What costs are incurred?

Court action: The interested party must pay the court fee, which is determined on the basis of the economic content of the claim. The amount will depend on the jurisdiction in which the lawsuit is filed.

Mediation: The only costs payable are the costs of notification of the mediation hearing.

Self-regulatory procedure: There are no direct costs involved.

9.5 What defences are typically raised by the advertiser?

The defences depend on each individual case and must be analysed on a case-by-case basis.

9.6 What remedies are available?

Court action:

• Injunctive relief;
• Corrective advertising; and
• Damages.

Mediation: The parties can settle the case pre-judicially to avoid a court action, agreeing as they deem appropriate.

Self-regulatory procedure: The advertiser and the agency responsible will be requested to modify, discontinue or adapt the ad under consideration within 24 working hours. If the ad campaign has ended, CONARP may issue a recommendation for the future.

Administrative procedures: The most common remedies that government agencies apply are

• fines or penalty payments; and
• cancellation/suspension of a licence or authorisation.

9.7 Can the decision be appealed? If so, what is the process for doing so?

Court action: An appeal may review the first-instance decision.

Mediation: Not applicable.

Self-regulatory procedure: CONARP's decision can be appealed to the Executive Committee for review within five working days of the date of notification of such a decision by the interested party.

Administrative procedures: Decisions can be appealed according to Executive Order 1759/72 to the Administrative Procedure Law. This can take the form of either:

• a reconsideration appeal, which will be heard by the same organ; or
• a hierarchical appeal, which will be heard by:
• • the Head of Minister's Office; or
  • the secretariat of the presidency of the nation in whose jurisdiction the body issuing the act acts.

It is also possible to file an appeal to have a decision reviewed by a court of law.

10 Trends and predictions

10.1 How would you describe the current advertising landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Argentina is one of the few jurisdictions with a robust consumer protection regime. Since 2020, several drafts proposing the modification of the current regime (Law 24.240) and the Consumer Protection Code have passed through the National Congress. However, none of them has reached parliamentary status. That said, one bill – the Code on Consumer and User Protection (1898/2021), presented by the current provincial legislator of Mendoza, José Luis Ramón – has set an important precedent. Its provisions would have:

• imposed new obligations on public persons or influencers;
• introduced specific stipulations on e-commerce; and
• introduced new penalties.

Such was the impact of this bill that it was presented again early this year by Senator Anabel Fernández Sagasti on the ruling party's side for congressional consideration.

Likewise, the opposition party drafted a new bill – the Draft Code on Consumer Protection – which Deputy Jimena Latorre presented to the National Congress. This bill seeks to broaden the notion of a 'consumer relationship' in order to:

• cover a broader range of consumers and users; and
• make it possible to analogously apply its principles to avoid regulatory gaps due to the passage of time.

11 Tips and traps

11.1 What are your top tips for companies that advertise their products and services in your jurisdiction and what potential sticking points would you highlight?

Companies should keep the following tips in mind when advertising their products and/or services in Argentina:

• Ads must be clear, precise and accurate;
• They must not mislead consumers;
• They must not discriminate;
• They must exhibit environmental awareness;
• They must avoid political references;
• They should be adapted to reflect the reality in Argentina.

Consumers and consumer associations tend to be very strict about truthfulness in ads. Any failure to comply with the applicable law and regulations or the abovementioned tips may result in a legal claim.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.