ARTICLE
1 May 2018

Sanctions Against Procter & Gamble In Colombia Despite The Use Of Small Prints On Advertising

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Global Advertising Lawyers Alliance (GALA)

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Against this decision proceed the appeal before the officer that issued the decision and before its hierarchical superior.
Colombia Media, Telecoms, IT, Entertainment

"Head & Shoulders Deep Nutrition has a formula of ingredients inspired by nature that help nourish your hair and scalp, leaving it up to a 100% free of dandruff for life and beautiful"

On a recent decision, the Colombian Superintendence of Industry and Commerce imposed a fine upon Procter & Gamble for inaccurate, insufficient and misleading information and advertising in relation to its product Head & Shoulders Deep Nutrition. The advertising of the product included objective benefits such as "100% free of dandruff" and lifelong effects that could not be verified by the scientific and technical studies sent by the producer to the entity.

Although Procter & Gamble argued that the advertising campaign included a clarifying note that revealed that the effects depend on the regular and permanent use of the shampoo, the Superintendence found that such notes were only included in some parts of the advertising campaign and were very small -almost illegible-, which is not in line with the basic rules of information and publicity established in the Colombian Consumer Statute. In other words, small letter disclaimers randomly applied through different ads will not protect you if your message is not clear enough.

Against this decision proceed the appeal before the officer that issued the decision and before its hierarchical superior.

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.

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