Areas

Fair Commercial Practices

Abeledo Gottheil has vast experience in the matters included in the legal regime of Fair Commercial Practices and full knowledge of the Unfair Competition regulations included in said regime by mid-2019.

Our lawyers give advice permanently on the legislation applicable to product labeling, denominations of origin and display and publishing of prices, funded and unfunded, to national and multinational clients, of different industries; among them the most important food, alcoholic and non-alcoholic beverages companies, wineries, automotive, oil, chemical, pharmaceutical companies, tourism agencies, apparel, motor vehicle companies, entertainment, cosmetics and beauty products companies, supermarkets, department stores and electronic, among other items.

Abeledo Gottheil gives legal advice also to local law firms that have no specialized attorneys on said issues and carries out periodical training for the clients’ staff on legal matters related to labeling and advertsing of the products and services that they commercialize.

Also, it has proven experience in the management of administrative and judicial cases related to labeling, advertising and display of prices.

Regarding the Firm’s experience on advertising issues in general, including misleading advertising, comparative advertising and smear advertising and on sale promotions with delivery of prizes or gifts, included in the Fair Commercial Practices legal regime, as well as in the drafting and negotiation of contracts related to these issues, see section Advertising and Promotions.

Relevant experience

Members of Abeledo Gottheil have participated as lecturers in congresses, seminars and conferences on matters related to the Fair Commercial Practices legal regime and have written articles in specialized magazines and digital platforms, among others:

“Application of penalties for the inclusion of abusive clauses in consumption contracts” (February 2022).
“Net contents of pre-packaged products. The things that you are about to see” (March 2022).
“Qatar 2022. Guidelines of the FIFA on intellectual property (March 2022).
“Forbidden advertising. The case of stealth advertising” (April 2022).
“Sale promotions with prizes. Now, Jujuy” (June 2022).
“Advertising of medicines. Exclusive and excluding Authority of the ANMAT (National Administration of Medicines, Food and Medical Technology” (July 2022).
“Gondolas Act. An unclear modification of the subjects reached who are obligated to comply it” (February 2021).
“New regulation on prices control. More of the same” (March 2021).
“Incorrigible Argentina. New extension of maximum prices” (April 2021).
“Gondolas Act. Display of lower price products” (May 2021).
“Resolution 489/2021. Maximum prices, extension and exclusions” (May 2021).
“Regulation of the authorization of raffles, contests and competitions in the Province of Mendoza” (July 2021).
“Harmony and balance among the operators in the Fair Commercial Practices Code” (August 2021).
“The monitoring system of Tags and Labels and the parable of the broken window” (September 2021).
“New cases of abusive clauses in consumption contracts” (October 2021).
“Act for the Promotion of Healthy Food and labeling and advertising of food and beverages” (November 2021).
“Gondolas Act. Display spaces of the same supplier” (December 2021).
“Display and advertising of prices with discounts” (February 2020).
“The Gondolas Bill. A new impediment? (February 2020).
“Stealth Advertising” (March 2020).
“Advertising Forbidden in the Civil and Commercial Code” (April 2020).
“Notes on the Ethics Code and Advertising Self-regulation of the CONARP” (April 2020).
“Advertising of alcoholic beverages in the City of Buenos Aires” (July 2020).
“Legal framework of food advertising” (September 2020).
“Sale promotions with prizes. Brief summary of provincial legislation” (October 2020).
“Consumer protection in e-commerce” (December 2020).
“Unlawful comparative advertising. Legal remedies to discontinue its spreading” (December 2019).
“Comparative advertising is – finally – legal in the Argentine Republic”, (November 2019).
“Use in advertising of excluding statements of superiority” (October 2019).
“Mandatory information in the financed prices advertising” (September 2019).
“Is Tax on Prizes applicable to draws and promotional lotteries?” (August 2019).
“Misleading Labeling is an Unfair Competition Act” (July 2019).
“Misleading Advertising in the Fair Commercial Practices New Regime” (July 2019).
“Legal requirements for advertising: modifications to Resolution 915/2017” (June 2019).
“Emergency Decree 274/201: Treatment of sale promotions in the Fair Commercial Practices New Regime” (May 2019).
“Fair Commercial Practices New Regime: similarities and differences among the provisions of the Emergency Decree 274/2019 and the abrogated Act 22,802” (April 2019).
“Advertising and mega events: brief comments on the so-called “ambush marketing” (April 2019).
“Treatment of sale promotions in the Preliminary Draft of the Fair Commercial Practices New Act” (March 2019).
“Mistake in the advertised price. May de supplier refuse to make the offer effective?” (February 2019).
“Draws and purchase obligation: a mistaken interpretation of the Fair Commercial Practices Act” (December 2018).
“Promotions and tax on draws” (Magazine Información Empresaria, 1997).
“Sale Promotions with Prizes Distributed at Stake: Key legal issues” (Magazine Promo News, 1995).
“Promotions and Misleading Advertising: A change in the administrative criterion?” (Magazine Promo News, 1995).
“Advertising of Cigarettes” (Magazine Promo News, 1995).
“Limits to the use of “bonus pack” – An unexpected restriction” (Magazine Promo News, 1995).
“Promotions and Purchase Obligation: A mistaken judicial interpretation” (Magazine Promo News, 1994).
“Comparative Advertising: “Pepsi Challenge” (Magazine Promo News, 1994).
“Legal Framework of Promotions in Argentina” (Magazine Promo News, 1994).
“Fear of freedom” (Magazine Promo News, 1994).
“Sale promotions with prizes. Legal limits for their fulfillment” (Magazine Promo News, 1994).