August 6, 2014, New York, N.Y. – The Ministry of Trade, Industry, and Tourism in Colombia recently issued rules on advertising to children. "This is the first time that Colombia has comprehensively regulated children's advertising," said Juan Carlos Uribe, Partner at Triana, Uribe & Michelsen, and GALA's Colombian representative.
The Ministry's Decree 975 regulates what content is permitted in children's advertising and provides for various disclosure requirements, including in branded entertainment and digital platforms. Regarding advertising generally, the Decree requires that advertising must contain the minimum age necessary to operate the product, avoid exaggerated product claims, and disclose whether batteries are required. The Decree also prohibits advertising that suggests that failure to have a product will lead to social rejection.
When advertising is incorporated into radio or television programming directed to children, the Decree requires that the advertising be preceded by "this advertisement is not part of the content of this program."
When products can be purchased or downloaded by children through digital platforms, including mobile devices, advertisers are also required to include clear warnings that children must obtain parental permission before proceeding.
"When advertising to children in Colombia, marketers must proceed carefully," said Jeffrey A. Greenbaum, Managing Partner at Frankfurt Kurnit Klein & Selz, and GALA's Chairman. "Marketers must now take into account these new rules."
The Decree took effect on July 28, 2014.
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