Advertising, Marketing & Promotion Comparative Guide

1 Legal framework

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

In Bolivia, there is no specific law that comprehensively regulates advertising. Instead, advertising is regulated by a legal framework comprised of various rules and regulations. Of particular note is the General Law on the Rights of Users and Consumers (453), together with its regulations (Supreme Decree 2130), which:

• guarantees reliable, truthful and complete information;
• prohibits misleading and abusive advertising; and
• requires compliance with what is offered in accordance with the advertised conditions, including for business promotions, which must clearly, precisely and expressly state the place, form, start and end date of the promotion.

Furthermore, promotions are subject to specific regulation under the Gambling Law (60) and its regulations (Supreme Decrees 781 and 782).

On the other hand, the right to free competition is protected by Chapter 5 of the Commercial Code, which regulates unfair competition. Additionally:

• Supreme Decree 29,519 regulates competition in the market; and
• Ministerial Resolution 190 governs the regulation of competition.

Similarly, Decision 486 of the Andean Community on Industrial Property prohibits the registration of misleading trademarks or designations of origin.

Finally, relevant sectoral regulations such as the following may apply:

• the Telecommunications Law (164);
• the Regulation on Labelling of Food Products;
• the Regulation of the Financial System; and
• the Ethical Standards for the Promotion of Medicines.

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

The bilateral or multilateral instruments and treaties that are of particular relevance to advertising in Bolivia are those that protect:

• human rights and consumer rights;
• access to information;
• freedom of expression;
• communication; and
• free competition.

The human rights treaties signed by Bolivia that are relevant to advertising include:

• the Universal Declaration of Human Rights;
• the International Covenant on Civil and Political Rights; and
• the American Convention on Human Rights.

These treaties establish fundamental rights which are essential for commercial freedom of expression and advertising.

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

There is no specific law that establishes the principles and/or guidelines for advertising. However, due to their general nature, common use and international applicability, the guidelines of the Advertising and Marketing Communications Code of the International Chamber of Commerce are taken as a reference. These state as follows:

• Advertising must be legal, decent, honest and truthful.
• Advertising must be carried out with a due sense of social, environmental and professional responsibility.
• The principles of fair competition, generally accepted in the business environment, must be complied with.
• The content of ads must not undermine public confidence in commercial communications.

These principles are also reflected in the general regulations related to advertising, consisting of:

• the General Law on the Rights of Users and Consumers (453); and
• Supreme Decree 29,519 on free competition.

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

In Bolivia, the competent authorities for the application and enforcement of regulations related to advertising are:

• the Vice Ministry of Consumer Protection, under the Ministry of Justice; and
• the Business Oversight Authority (AEMP), under the Ministry of Productive Development and Plural Economy.

The Vice Ministry of Consumer Protection, in accordance with the General Law on the Rights of Users and Consumers (453) and its regulations (Supreme Decree 2130), has the power to:

• implement general policies of national scope in the area of consumer rights;
• verify compliance with those policies; and
• address complaints submitted by consumers for possible non-compliance with the advertising regulations.

The aim is to guarantee the truthfulness, clarity and transparency of information that is disseminated to the public.

For its part, the AEMP is responsible for regulating, controlling and supervising those who carry out economic activities, whether lucrative or not, subject to competition regulations. This work is carried out in accordance with Chapter 5 of the Commercial Code and Supreme Decree 29,519, which establish a sanctioning regime for those who engage in acts of unfair competition. In addition, in regulated market sectors, there are specific authorities with control, supervision and sanctioning powers, including:

• the National Service for Agricultural Health and Food Safety for food;
• the State Agency for Medicines and Health Technologies and the Ministry of Health for the pharmaceutical and health sector;
• the ATT for telecommunications and transportation;
• the ASFI for financial services and the stock market; and
• the APS for insurance.

2 Authorisation and clearance

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

In general, advertisers do not require a specific licence or authorisation to distribute advertising. The sole requirement is compliance with their formal obligations, including holding the necessary registrations and licences to conduct their commercial activities. However, in certain regulated sectors, advertising is subject to authorisation and approval prior to its distribution.

A representative example is the pharmaceutical sector, where a marketing authorisation is required for the promotion of medicines that have a sanitary registration. This measure guarantees that the promoted products comply with the safety, quality and efficacy standards established by current regulations, thus:

• protecting public health; and
• ensuring that the information provided to consumers is true, clear and precise.

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

The advertising regime in Bolivia establishes a regulatory framework with:

• general effects for unregulated sectors; and
• specific effects for regulated sectors.

In unregulated sectors, the dissemination of ads does not require prior authorisation (clearance) from a public entity or civil association. However, all advertising must comply with the requirements of consumer protection, free competition and good customs, in accordance with the principles of good advertising practices and related regulations.

In regulated sectors such as pharmaceuticals and food, prior authorisation is required. In the pharmaceuticals sector, only advertising of over-the-counter (OTC) medicines is permitted. the Counter (OTC) with Sanitary Registration and Marketing Authorization. The National Pharmacological Commission, under the Ministry of Health, authorises, analyses and supervises these ads and can sanction unauthorised advertising in accordance with the Ethical Standards for the Promotion of Medicines.

In the food sector, the National Service for Agricultural Health and Food Safety (SENASAG) approves advertising materials and monitors the use of the SENASAG seal on labels and the content of legends and warnings (eg, calorie content, sugar, tobacco, alcohol), in accordance with the Regulations on Labelling of Food Products for Human Consumption. In addition, it monitors promotions to ensure product quality, transparency of information and restrictions in accordance with:

• the Law on the Control of the Sale and Consumption of Alcoholic Beverages (259); and
• the Law on the Prevention and Control of Tobacco Product Consumption (1280).

3 General advertising regime

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

Advertising is mainly regulated by the General Law on the Rights of Users and Consumers (453), which establishes fundamental principles to ensure that ads are truthful, clear and verifiable, avoiding any type of deception or abuse against consumers. This regulation:

• prohibits the dissemination of false or ambiguous information that may lead to errors regarding the characteristics, price or benefits of a product or service; and
• requires that:
• • all advertising be based on verifiable data and not make promises without technical-scientific support, thus avoiding misleading and abusive advertising; and
  • all that is offered is fulfilled according to the conditions announced. This relates in particular to business promotions, which are subject to authorisation by the Gambling Supervision Authority according to specific regulations.

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

'Puffery' is not expressly defined in the law but must be interpreted within the framework of the General Law on the Rights of Users and Consumers. This regulatory framework requires that all advertising be truthful, clear and verifiable, which limits the use of exaggerated claims that may be misleading. While certain subjective and promotional expressions are accepted as part of commercial discourse, they cannot be misleading or abusive by eliciting unrealistic expectations among consumers.

Therefore, such advertising is considered to violate the right to information of consumers, subject to sanction under the General Law on the Rights of Users and Consumers and its regulations (Supreme Decree 2130), which may also be claimed before the Vice Ministry of Consumer Protection. For their part, competitors can also report such advertising as an act of unfair competition according to Article 69(5) of the Commercial Code before the Business Oversight Authority. In regulated sectors, the complaint will be handled before the competent entity.

3.3 Under what circumstances must claims in ads be substantiated?

Claims in advertising – understood as statements about the characteristics and benefits of a particular product or service in order to influence the purchasing decision of consumers – must comply with the General Law on the Rights of Users and Consumers, which requires that all advertising information be truthful, clear and verifiable, in accordance with the free competition regulations. Therefore, there must be sufficient supporting information on the claims about the quality, benefits, performance or effectiveness advertised.

Specific regulations apply in certain regulated sectors. For example:

• in the pharmaceuticals sector, information about the content and benefits of the medicine that is advertised must be supported by a data sheet approved by the State Agency for Medicines and Health Technologies; and
• in the food sector, the nutritional table contained in packaging and labels must be approved by the National Service for Agricultural Health and Food Safety (SENASAG).

Pursuant to the above, and in accordance with Article 16 of the General Law on the Rights of Users and Consumers, ads, upon their dissemination, acquire the status of a public document. In relation to Article 18 of the law, such ads must be fulfilled as they were offered. Otherwise, they will constitute misleading advertising, which could give rise to claims and the application of sanctions, without prejudice to the corresponding civil or criminal liability.

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

The following practices must be carried out within the framework of the defence of consumer rights, in accordance with the General Law on the Rights of Users and Consumers, which guarantees the dissemination of truthful, reliable and verifiable information. Likewise, fair competition practices must be complied with in accordance with:

• the Commercial Code and Supreme Decree 29,519, in relation to the veracity of the information; and
• the specific ethical standards that apply in each regulated sector.

(a) Test results

Test results must:

• be authentic, with evidence from reliable sources, following internationally approved standard procedures;
• support the advertising claims with verifiable scientific data, without manipulation that benefits the advertiser; and
• comply with the legal and ethical standards of the corresponding sector.

In Bolivia, the Bolivian Institute for Standardisation and Quality (IBNORCA) supervises compliance with standards such as NB/ISO 15189:2023.

(b) Survey results

Transparent methodologies must be applied, with valid and verifiable data on public perceptions and business practices. The presentation of data must be clear and not misleading, in accordance with:

• IBNORCA standards (NB/ISO 20252:2010); and
• the Law on Official State Statistics (1405), applicable to the public sector.

(c) Testimonials

These must be authentic, reflecting real, verifiable experiences without exaggeration. The declarant must be identified and it must be specified whether they have received any compensation.

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

Pursuant to the General Law on the Rights of Users and Consumers, media outlets must take appropriate measures to prevent the dissemination of inappropriate content, including in advertising, with particular attention to the protection of minors. In this context, media outlets must implement measures to prevent the inclusion of harmful content in their programming and dissemination.

The Law on the Control of the Sale and Consumption of Alcoholic Beverages (259) imposes restrictions on the advertising of alcoholic beverages, which must be strictly observed. Article 8 prohibits the following:

• including minors under 18 years of age in advertising;
• suggesting that alcohol consumption promotes intellectual, social, sporting or sexual success;
• using animated characters in advertising; and
• broadcasting ads for alcohol between the hours of 6:00 and 21:00 daily.

In addition, Article 9 requires the inclusion of the warning "SALE PROHIBITED TO MINORS UNDER 18 YEARS OF AGE" on 10% of the beverage label or brand, in a legible and visible manner.

Article 13 of the Law on the Prevention and Control of Tobacco Product Consumption (1280) prohibits the advertising of tobacco products aimed at minors, both directly and indirectly, in any medium. It is only permitted in places with restricted access to minors. Article 3 of the Regulations of this law requires that advertising contain the warning "Sale Prohibited to Minors under 18 Years of Age" in 30% of the advertising space.

3.6 Are certain forms of advertising prohibited in your jurisdiction?

The General Law on the Rights of Users and Consumers primarily prohibits misleading and abusive advertising, especially that which relates to illicit or unhealthy products. In this regard:

• Article 25 of the General Law on the Rights of Users and Consumers establishes clear restrictions;
• Article 13 of the Law on Prevention and Control of the Consumption of Tobacco Products (1280) regulates the outdoor advertising of tobacco products; and
• Articles 8 and 9 of the Law on Control of the Sale and Consumption of Alcoholic Beverages (259) imposes restrictions on the advertising of alcoholic beverages, including warnings and limitations on the media in which such ads can be disseminated.

With regard to the advertising of medicines, the promotion of drugs without sanitary registration or marketing authorisation is prohibited. Open advertising of medicines is also prohibited, except for over-the-counter medicines approved by the National Pharmacological Commission of the Ministry of Health.

In relation to food products, the SENASAG Labelling Regulation establishes that the use of the SENASAG seal is permitted only with authorisation from SENASAG.

Article 16 of the General Law on the Rights of Users and Consumers prohibits the dissemination of advertising that incites hatred, violence or discrimination. Likewise, Article 162 of the Code on Children and Adolescents prohibits the exposure of minors to advertising related to tobacco and alcoholic beverages.

In digital media, the regulations are similar and require transparency in paid advertising, with penalties for violations.

4 Misleading advertising

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

According to Article 5(8) of the General Law on the Rights of Users and Consumers (453), and linked to Article 25, an ad is considered to be misleading where it omits relevant information or presents false communication, totally or partially, that misleads as to the characteristics, quality, quantity, safety, performance, durability, price or guarantee of products or services, causing economic harm to the consumer. This practice is prohibited and subject to sanctions through an administrative procedure, without prejudice to civil and/or criminal liabilities.

Article 26 of the General Law on the Rights of Users and Consumers recognises the right of the consumer to file complaints if they consider that their rights have been violated. The process begins with the provider; if the response is unsatisfactory, the consumer may appeal to the Vice Ministry of Consumer Protection, provided that the violation occurred in the six months prior to the claim.

Complaints are handled in accordance with Ministerial Resolution 089/2024 on the Regulations on Customer and Consumer Service Centres (CAUCs). These complaints may be verbal or written, and the CAUC will evaluate their provenance. If applicable, the complaint will be upheld; otherwise, it will be forwarded to the competent authority of the corresponding regulated sector. The complaint procedure involves the following steps:

• Admission or rejection: Three business days from receipt of the claim.
• Mediation and conciliation: Mediation will be attempted; if it fails to resolve the issue, the CAUC will refer the case to the Vice Ministry of Consumer Protection Conciliation Centre.
• Probationary term: Five business days.
• Final resolution: After the end of the test, an administrative resolution will be issued within five days.

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

According to the procedure described in question 4.1, the administrative resolution may declare the claim of misleading advertising to be founded or unfounded. If it is declared founded, the existence of a violation of consumer rights will be determined and the final resolution may order:

• moral reparation under Article 62(1) of the General Law on the Rights of Users and Consumers;
• execution of the service and obligation assumed or, if this is not possible or reasonable, another equivalent measure, including monetary benefits; or
• the return the amount paid by the consumer plus legal interest, where repair, replacement or fulfilment of the service is not possible.

This is related to Articles 16 and 18 of the General Law on the Rights of Users and Consumers, which establish that advertising, once distributed, acquires the status of a public document. This implies that advertising is presumed to be legal, authentic and truthful, with enforceability effects before third parties – that is:

• advertisers must comply with the conditions offered; and
• the ad will be binding in the face of any claim or action derived therefrom.

Failure to comply with the ad may generate an obligation to:

• repair the violated rights;
• return the amount paid; or
• provide the product or service as promised in the ad.

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

In accordance with the procedure established in the General Law on the Rights of Users and Consumers, an administrative resolution determining the existence of misleading advertising and the violation of rights by the provider may be challenged before the same authority that issued it. In this case, a higher hierarchical authority will resolve the appeal, in accordance with:

• Articles 59 and 60 of the General Law on the Rights of Users and Consumers; and
• Article 18 of the Regulations on CAUCs.

The deadline for filing an appeal for review is 10 calendar days, which begins to run from notification of the administrative resolution declaring the claim founded or unfounded. The appeal will be resolved within three administrative business days by the vice minister of defence of user and consumer rights, who may confirm or revoke, totally or partially, the contested administrative act, thus exhausting the administrative process.

Once the appeal for review has been resolved, the administrative route is considered exhausted. An interested party may appeal to court through the administrative litigation process before the Supreme Court of Justice.

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.

In general, the General Law on the Rights of Users and Consumers (453) and its regulations (Supreme Decree 2130) protect and guarantee the rights and guarantees of consumers. Likewise, in terms of free competition, unfair competition is regulated in accordance with:

• Chapter 5 of the Commercial Code;
• Supreme Decree 29519; and
• Ministerial Resolution 190.

(a) Comparative advertising

Pursuant to Article 157 of Decision 486, comparative advertising is permitted for the purpose of:

• offering products or services;
• indicating their availability or compatibility; and
• indicating the suitability of spare parts or accessories for the products being compared.

The rights granted through registration of a trademark do not prohibit this practice, provided that it is carried out in good faith.

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

According to the Gambling Law (60), business promotions are considered to consist of activities aimed at increasing sales or attracting customers by offering prizes in the form of cash, goods or services awarded through raffles, without implying payment for participation. These activities are subject to authorisation by the Gambling Control Authority and are subject to a gambling tax. The organisation of lotteries falls under the exclusive supervision of the state.

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

This modality – which combines advertising, IT and personal data protection issues – is regulated under the Telecommunications Law (164) and Supreme Decree 1793, which requires the user's consent for the collection and use of data for advertising purposes.

(d) Native advertising

Pursuant to Article 91 of the Telecommunications Law and its regulations (Supreme Decree 1793, Title VI), electronic commercial communications must:

• offer the recipient the option to accept or reject future communications; and
• clearly identify the advertiser.

(e) Influencer advertising

Although it is not specifically regulated, according to Board Resolution 102100000020, this activity has been included in the National Registry of Digital Biometric Taxpayers of the National Tax Service and is subject to:

• the General Law on the Rights of Users and Consumers (453); and
• the free competition regulations.

(f) Ambush marketing

According to Article 69(2) of the Commercial Code, it is considered an act of unfair competition for an advertiser to use the activities of other competitors to confuse or deceive consumers.

(g) Country-of-origin marketing

According to Decision 486, a designation of origin designates products whose quality and reputation are linked to their place of origin. The unfair use of such a designation is considered unfair competition according to Article 69(4) of the Commercial Code.

(h) Green marketing

Although green marketing is not governed by specific regulations, it is linked to corporate social responsibility and the promotion of socially responsible and environmentally sustainable business practices, in accordance with environmental regulations and under the control of the Business Oversight Authority.

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.

Direct marketing is regulated by the General Law on the Rights of Users and Consumers (453) and other specific regulations.

The rules and requirements applicable to telemarketing, email marketing, direct mailing and opt-out marketing are set out in:

• Article 91 of the General Law of Telecommunications, Information and Communication Technologies (164), for commercial advertising communications by email or electronic means; and
• Article 57 of Supreme Decree 1793 on direct promotions of the image or the goods or services of a company.

These provisions state as follows:

• Services must be advertised in a way that describes, among other things:
• • their technical, economic and commercial characteristics;
  • the applicable rates; and
  • the mechanisms for subscribing to and concluding the subscription to the service.
• The facilities and benefits of the service should be highlighted.
• In the case of promotional offers such as discounts, prizes, gifts and corporate promotions:
• • compliance must be ensured;
  • the conditions for access and participation must be clearly set out; and
  • the authorisation of the Gambling Control Authority must be clearly identified.
• The recipient must:
• • be clearly informed of the option to accept or reject future communications; and
  • have the possibility to enable or disable this themselves if they do not wish to continue receiving messages or emails.
• The advertiser must be clearly identified.
• The redirection to a commercial link must be explicit and clearly accepted.
• Information on products or services must be clear, precise and truthful.

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.

Indirect marketing falls within the framework of the General Law on the Rights of Users and Consumers (453) and its regulations (Supreme Decree 2130), which protect the rights and guarantees of consumers.

With regard to the protection of free competition, the following apply:

• Chapter 5 of the Commercial Code;
• Supreme Decree 29519; and
• Ministerial Resolution 190 on Competition Regulation.

This legal framework applies to the placement of products in:

• television shows;
• films;
• short films; and
• other audiovisual media.

In such cases, it must be ensured that the product displayed:

• does not violate good customs;
• complies with specific regulations for food and beverages, alcohol and tobacco, among other things; and
• complies with the authorisations, registrations and conditions established for the display of such products.

With regard to sponsorship, as this constitutes a commercial relationship between the advertiser and the supplier, it is governed by commercial regulations, with special attention paid to compliance with fair competition practices. Transparency in this relationship is required, disclosing the commercial agreement between both parties. According to Article 13 of Law 1280, sponsorship of companies dedicated to the marketing of tobacco and/or related brands is prohibited.

Finally, loyalty programmes, in addition to the general legal framework already mentioned, are covered by the Gambling Law (60), as they are considered a business promotion which is intended to increase sales or attract customers in exchange for prizes in the form of cash, goods or services awarded through raffles or by chance, provided that access to the raffle does not require payment for the right to participate.

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.

Under Article 4 of Supreme Decree 2130, the regime governing consumer rights in Bolivia is divided in two, as follows:

• In the unregulated sector, the Ministry of Justice, through the Vice Ministry of Consumer Protection, is competent to supervise and control compliance with consumer rights.
• The regulated sector – which covers areas such as food, medicine, health, telecommunications, transportation and gambling and games of chance – is governed by specific regulations and is subject to the control and supervision of competent sectoral authorities, each with its own special regulations.

(a) Gambling (including lotteries)

This regulated sector:

• falls under the supervision of the Gambling Authority; and
• is governed by the Gambling Law (60) and its regulations (Supreme Decrees 781 and 782).

Under these laws, the organisation of a lottery falls under the powers of the state. Business promotions are subject to specific regulations that define the authorisation process for their development and control:

• subject to Articles 20 and 21 of the Annex to Supreme Decree 781 as modified by Supreme Decree 2600; and
• in accordance with Articles 9 and 18 of Regulatory Resolution 01-00004-24 of the Gambling Authority.

(b) Alcohol

Alcohol falls within two regulated sectors:

• the food and beverage sector, which is supervised by the National Service of Agricultural Health and Food Safety (SENASAG); and
• the health sector, which is supervised by the Ministry of Health.

The labelling of alcohol is governed by:

• the SENASAG Regulations on the Labelling of Food Products for Human Consumption; and
• in relation to its promotion and advertising, the Law on Control of the Sale and Consumption of Alcoholic Beverages (259) and its regulations (Supreme Decree 1347).

Among other things the following rules apply:

• The advertising of alcoholic beverages between the hours of 6:00 am and 9:00 pm is prohibited.
• Ads for alcohol may not be broadcast during cartoons.
• Ads for alcohol must contain warnings reading:
• • "EXCESSIVE ALCOHOL CONSUMPTION IS HARMFUL TO HEALTH"; and
  • "SALE PROHIBITED TO MINORS UNDER 18 YEARS OF AGE."
• These warnings must:
• • take up at least 10% of the ad;
  • be written in capital letters;
  • be legible;
  • appear in contrasting colours to the ad background; and
  • appear in a visible place.

(c) Tobacco

The advertising of tobacco is regulated under the Law on the Prevention and Control of the Consumption of Tobacco Products (1280) and its regulations (Supreme Decree 4972). Among other things:

• outdoor advertising is restricted; and
• ads may be displayed only in closed places with restricted access to minors.

Article 13 of the law provides that direct or indirect advertising is prohibited through the media or street points of sale.

Under Supreme Decree 4972, indoor advertising:

• must not be visible from the outside;
• must include the warning "SALE PROHIBITED TO MINORS UNDER 18 YEARS", which must occupy 30% of the advertising space; and
• must not include direct or indirect mentions of the amount of tar, nicotine, carbon monoxide or other emissions.

(d) E-cigarettes

'E-cigarettes' are regulated by Article 14 of the Law on the Prevention and Control of the Consumption of Tobacco Products (1280) and encompass electronic and non-combustion tobacco products, with or without nicotine. The production, importation, distribution and marketing of such products are prohibited. However, this regulatory regime is still pending promulgation.

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

The advertising of medicines is controlled and supervised by the State Agency for Medicines and Health Technologies (AGEMED) in accordance with the Law on Medicines (1737) and its regulations (Supreme Decree 25235), which specify that such advertising is subject to the regulations of the Ethical Standards for the Promotion of Medicines. Strictly speaking:

• a medicine that does not have a health registration cannot be advertised; and
• the advertiser must also have a marketing authorisation for the medicine.

Different regimes apply to the advertising of prescription drugs and over-the-counter (OTC) drugs, as follows:

• Prescription drugs:
• • should be advertised directly to health personnel through brochures with technical-scientific data sheets approved by AGEMED at the time of the sanitary registration of the medicine; and
  • may be promoted by medical representatives.
• OTC medicines may be advertised as long as the advertising is approved by the National Pharmacological Commission of the Ministry of Health.

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

The advertising of therapeutic products is regulated by SENASAG under the Regulations for Labelling Food Products for Human Consumption. According to Section 1.6.48:

• these products include supplements to a normal diet that are intended to supplement daily nutrients;
• their labelling is subject to NB 314001; and
• ads for such products:
• • must not attribute to them the capacity to prevent, treat or cure human diseases, or refer to this at all; and
  • must include a warning that the product:
  • • should not be used as a substitute for a balanced diet; and
    • does not provide adequate amounts of nutrients in general.

(g) Food

The food sector is regulated by SENASAG, which:

• controls and supervises compliance with the sectoral regulations;
• maintains the Food Register;
• regulates the advertising of food products; and
• controls the use of the SENASAG seal – an endorsement that reflects the safety and legality of food products.

The advertising of food products is governed by the Regulation on the Labelling of Food Products for Human Consumption.

Section 1.12 of the regulation states that the use of the SENASAG logo and/or seal through the media must be authorised by the authority, confirming that it is consistent with the applicable regulations; if this is not the case, the owner of the product will be subject to sanctions.

(h) Financial products and services

The financial sector is regulated by the Financial System Supervisory Authority (ASFI), in accordance with the Law on Financial Services (393) and its specific regulations. ASFI is responsible for:

• supervising the financial system;
• controlling and monitoring financial intermediation entities to ensure consumer protection and system stability; and
• promoting an interconnected and resilient system in the face of global financial crises.

Advertising in this sector is governed by the ASFI Regulation on Advertising, Promotion and Information Material, which regulates the planning, preparation and dissemination of advertising and information materials related to financial products and services. Advertising must be transparent and competitive to maintain and strengthen public confidence in financial institutions. The regulation states that information must:

• be truthful, clear, timely, precise and verifiable; and
• contribute to the decision-making process of the financial consumer.

The minimum requirements for advertising include:

• the use of Spanish and the native language;
• inclusion of the name, acronym or logo of the entity;
• specification of the type of entity;
• the source of any statistics included in the ad;
• updated information;
• the characteristics of the product or service;
• inclusion of the phrase "This entity is supervised by ASFI" in an audible or legible manner;
• clear legibility of all information included in the ad;
• inclusion of the entity's responsibilities in relation to promotions;
• inclusion of information on linked products; and
• inclusion of the entity's contact information.

An entity may use creative resources, provided that these do not:

• create confusion; or
• constitute unfair competition practices.

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.

Consumers have the right to receive clear and truthful information about the products and services offered, and advertising must not be misleading or abusive. In the event of infringement, consumers can take legal action to protect their rights, such as access to information and compliance with the offer.

Competitors may also take legal action if advertising constitutes unfair competition, in accordance with Article 69 of the Commercial Code and Supreme Decree 29519 – for example, where:

• industrial property is used without authorisation; or
• confusion about products is created.

The General Law on the Rights of Users and Consumers (453) empowers consumer associations that are registered with the Vice Ministry of Consumer Protection to represent affected consumers by defending their rights against practices such as non-compliance in entertainment events.

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

The Regulations on Customer and Consumer Service Centres (CAUCs) govern the process for submitting complaints, which must be received within six months of the violation of rights. If the complaint is valid, a free conciliation process will be initiated. If no agreement is reached during this process, the relevant authority may impose sanctions on the provider. Although this process is quick, the six-month period is a limitation.

For violations that occurred more than six months ago, extra-judicial conciliation (optional) can be conducted before the Integrated Plurinational Justice Services. This instance offers greater flexibility in terms of time, but the results are not binding.

Finally, there is the option to initiate a judicial process, through either:

• a monitoring structure (Article 375 of the Civil Procedure Code), where there is a written contract; or
• an ordinary process (Article 362 of the Civil Procedure Code), where the contract is verbal, in which case the judicial conciliation instance must have been exhausted first (Article 292 of the Civil Procedure Code).

However, the judicial route can be slow due to the procedural burdens.

Competitors may report acts of unfair competition to the Business Oversight Authority (AEMP), which will determine the existence and veracity of absolute or relative anti-competitive conduct in accordance with the procedure set out in Ministerial Resolution 190 on Competition Regulation.

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

The procedure before a CAUC begins with submission of the claim, which will be evaluated for admission or rejection within three business days. If the claim is admitted, the parties involved will be notified and dates will be set for mediation or conciliation, in accordance with Articles 12 and 13 of the Regulations on CAUCs. During the mediation, a CAUC official will try to reach agreement between the parties. If a solution is not reached, the case will be referred to the conciliation centre of the Vice Ministry of Consumer Protection. If the provider does not accept the claim, it has five business days to submit its response. Subsequently, a trial period of up to 10 business days commences, extendable once only. At the end of this period, the CAUC will issue an administrative resolution within five business days.

Regarding complaints for unfair competition before the AEMP, the procedure established in Ministerial Resolution 190 and Law 2341 applies. After receiving the complaint, the AEMP will conduct preliminary proceedings to verify the existence of anti-competitive conduct. If no evidence of infringement is found, the process will be archived; otherwise, the accused party will be notified and an investigation will be initiated. Conciliation is promoted; if it fails, the sanctioning process will advance and the AEMP will issue a corresponding administrative resolution. This procedure can take up to six months due to the administrative burden of the institution.

9.4 What costs are incurred?

Costs vary depending on the mechanism used. Filing a complaint with the competent authority is usually free of charge, but legal action involves the costs of lawyers, experts and administrative fees.

9.5 What defences are typically raised by the advertiser?

An advertiser may claim that:

• the advertising:
• • is truthful;
  • is not misleading;
  • does not violate the rights of third parties; or
  • complies with sector regulations; or
• it is not responsible for the advertising (if it is an intermediary). This may relate to a guarantee under a service provision contract that contains a clause on responsibility.

9.6 What remedies are available?

The remedies include:

• cessation of the advertising;
• correction of information;
• payment of damages; and
• imposition of administrative sanctions.

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

Yes, in the area of consumer protection and competition defence in Bolivia, resolutions issued by the competent authorities may be subject to appeal, either before the same authority or before the ordinary courts, as appropriate.

In the case of resolutions issued within the framework of the Regulations on CAUCs, the only admissible appeal is that of review, as established in Articles 59 and 60 of the General Law on the Rights of Users and Consumers (453). This appeal:

• must be filed before the same authority that issued the resolution; and
• will be resolved by the vice minister of consumer protection.

Resolution of the appeal for review does not admit further appeal and exhausts the administrative route. However, if the claimant considers that the resolution violates its rights, it may file a contentious administrative proceeding before the Supreme Court of Justice.

Within the scope of the AEMP, resolutions that impose sanctions for non-compliance with anti-competitive practices, as provided for in Article 10 or 11 of Supreme Decree 29519, admit an appeal for revocation, which must be filed before the same authority. If the violation of rights continues, a hierarchical appeal may be filed, which will be resolved by the corresponding hierarchical authority. Once the administrative instance has been exhausted, the filing of an administrative litigation process is admitted.

The time limits and procedures for filing appeals vary depending on the specific regulations applicable to each case.

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?

The Vice Ministry of Consumer Protection has significant influence in the advertising field. Over the past five years, it has prioritised the development and consolidation of regulatory frameworks and internal procedures, with the aim of strengthening its capacity to respond and serve consumers in the defence of their rights. Despite the absence of specific regulations governing advertising in its general scope, the vice ministry manages complaints regarding ads and their content based on the principle that these become mandatory once they have been disseminated, unless otherwise agreed between the parties. Consequently, in order to fully understand the scope of the regulatory provisions related to advertising, it is imperative to stay informed about the guidelines and objectives of the vice ministry, as well as their practical application. Proactive monitoring will assist in:

• anticipating modifications; and
• ensuring compliance with current regulations.

Beyond what has been indicated in this Q&A, no substantial changes are foreseen that would affect the regulations applicable in the advertising field, according to the records published as bills for the 2024–2025 Legislature of the Chamber of Deputies.

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?

Ads, which acquire the status of a public document once they are distributed, require rigorous control in terms of the statements they contain, including in relation to:

• the characteristics of the products or services;
• the prices of the products or services;
• delivery times; and
• any contractual obligations.

Therefore, advertising companies, suppliers and advertising agencies are advised to obtain legal advice throughout the planning and execution of their advertising campaigns, to ensure regulatory compliance and avoid the risks of non-compliance.

The truthfulness and transparency of advertising are crucial. The conditions of ads must be carefully reviewed, to avoid any risk of claims of misleading advertising. Likewise, it is advisable to implement internal procedures to protect the personal data of consumers, obtaining their express consent to the collection of their data and the use that will be made of this information.

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.