By means of Resolution No. 12/2024 (the “Resolution”), the Industry and Commerce Department established a new information regime for good and services advertisements which imply an offer under the terms of Section 7 of Law No. 24,240 on Consumer’s Defense.
The Resolution abrogates the previous Resolution No. 915/2017 of the former Commerce Department of the Ministry of Production, while also providing that the advertisements must include the information related to the territory and the period of time in which the good or service will be offered, as well as name, address, tax identification number (CUIT) of the offeror, and any other additional statements that shall be applicable by virtue of national, provincial, or from the Autonomous City of Buenos Aires dispositions. Regarding this information, the Resolution establishes different guidelines for typographic size, time on screen or air, and visibility, according to the means by which the advertisement is transmitted (graphic, audiovisual or digital).
Additionally, the advertisement must state the essential characteristics, marketing conditions, stock limitations (if applicable) and all the information that is also required for the understanding of the message. This information shall be made available by the supplier through a website or toll-free telephone line which must also be included in the advertisement. In each of these cases, the Resolution dictates the specific wording that must be used to indicate the availability of a website or telephone line, along with the guidelines for typographic size, permanence on screen or air, and visibility, according to how the advertisement is transmitted (graphic, audiovisual, digital or radial). In the case of the telephone line, it must be available during the days and hours in which the supplier sells its goods and services
In the case that non-financed prices are included in the advertisement, such prices shall be stated in accordance with the requirements set forth in section 2 of Resolution No. 7/2002 of the former Department of Antitrust, Deregulation and Consumer’s Defense of the Ministry of Economy. In addition to these requirements, depending on the type of good or service advertised, it must also be considered Resolution No. 55/2022 of the above-mentioned agency, related to sales prices per unit of measure.
On the other hand, if the published price includes financing, the following information must be also included in the advertisement: down payment (if applicable), amount and price of installments, effective annual interest rate (TEA), total financial cost (CFT), and additional fees, insurance, or costs (if applicable). Such information must be provided through the website or telephone line previously mentioned. In relation to contests, competitions, raffles or similar events for prize awarding or goods and services promotion, the Resolution indicates that the information required by Section 3 of Decree No. 961/2017 must be included on the website or telephone line. The availability of said information on the website or telephone line must also be informed in the advertisement, except for the phrase “no obligation to purchase” which must be included in the advertisement and in accordance with the aforementioned requirements, depending on the means in which the advertisement is published.
Finally, the Resolution states that the requirements and obligations set forth shall not exempt suppliers of the remaining requirements and obligations related to the advertised goods or services. In the event of violations of the Resolutions, the penalty regime included in Decree No. 274/2019 and Law No. 24.240 shall apply.
The Resolution will come into effect 30 days after its publishing on the Official Gazette.
