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GALA Report on Global Advertising Law Developments in Response To Global Advertising Law Developments in Response to COVID-19 June 2020 www.galalaw.com Argentina products to contain at least 70% alcohol. For the time being, the Ministry of Health issued a document which clarifies that, up lockdown, it gave warning to local major stores (IKEA & Hellenic Food Authority announced that the advertisements crisis. Advertisers are therefore advised to think twice before responsible advertising during the COVID crisis. The ACC has from sectors that are currently not yet open or available to been claimed to have characteristics or results that actually finally ended on 6 May 2020. On the other hand, regulators lotteries, etc., during quarantine. The government considered websites, IT technology or other means of publishing or circu- general consumer protection laws as well as rules that govern Venezuela official authorities have not commented on the survey of the until now, there is no evidence to support the beneficial effects Centro Cuesta) to stop selling non-essentials goods through which imply that food may contribute in any way to the making any claims about how to prevent or cure COVID-19 received multiple complaints about advertisements for prod- work, promote their products/services or advertise in a they do not possess. remained active and even stricter than usual. The Regulatory that consumers should be protected from the risk of becoming lation.” The wording is broad. In practice, this can be seen as times of emergency. There has been a significant amount of Marketing regulation in Venezuela has been characterized On March 19, 2020 the Argentine Executive declared the addicted to gambling, and decided to limit this kind of adver- an extension to various rules that already exist in relation to the enforcement of state and local price gouging laws. For exam- Health Emergency for the COVID pandemic. Since then, there consumer association and have not undertaken any enforce- of any compound as an effective medicine to prevent its digital channels. prevention or treatment of viral infections are prohibited. In unless the claims can be supported by robust evidence. ucts that bear names such as “Anti-Corona smoothie” or are manner that create an awareness in consumers as to the Authority for Electronic Media, Serbian national broadcast- for years by its volatility and uncertainty. Furthermore, companies ment steps with respect to its conclusions. contagion or provide a safeguard for this new virus. The pack- addition, the National Council for Radio and Television has otherwise marketed to help against COVID-19 because of the COVID-19 situation and the importance of lifestyle changes, Romania ing regulator and a body responsible for enforcement when tising to late night (from 01:00 a.m. to 05:00 a.m.). During the spread of “fake news,” however the application to the current ple, the Texas Attorney general sued the nation's largest egg have had to face a regulated growth environment. Regulation have been many new laws and regulations affecting mainly first phases of the re-opening period, the government has also epidemic, with such specific words, cannot be ignored. The producer for price gouging. There has been some enforcement labor, health, finance, travel and transportation related aging should also contain health warnings printed in Ecuador started proceedings against three TV stations because they Israel product’s alleged immunity boosting effects. The Netherlands social distancing and staying at home. Phrases/hashtags In these times of uncertainty, media, marketing and advertising it comes to television advertising, showed its zeal late in April has been based on the intervention of the state to control the Canada prescribed form. We are not aware of any advertising enforcement related to falsely advertised a hand cream which was supposed to The Israel Consumer Protection and Fair Trade Authority Food and Consumer Product Safety Authority (NVWA) also such as #quedateentucasa#, #NOSVEMOSPRONTO#, were given the opportunity to become, more than ever, a by warning broadcasters not to air a beer commercial for prohibited for street shops all kind of sales, discounts, special authorities have prosecuted under the old law, using Article and other litigation related to businesses not giving consumers actions of private companies, with a view to defining what matters. Even when none of them specifically refers to offers or price reductions, in order to avoid crowds. On-line 198 of the Penal Code (“…shall be sentenced to detention, refunds for products and services not provided as a result of COVID-related marketing enforcement, it's important to point Federal regulator Health Canada (“HC”) has accelerated COVID-19. protect from COVID-19. warned the Israeli public against purchasing “wonder drugs” keeps a close eye on COVID-19 claims and can impose fines #NOSVOLVEREMOSAENCONTRAR#, and similar messag- crucial source of information and instruction. Many advertorial “Zaječarsko pivo” (a local beer brand), produced for the they can do and how certain activities should be carried out. market access for COVID-19 related drugs and medical Curacao which claim to cure and treat COVID-19. The authority of up to EUR 150,000. es are seen all around the social networks as well as TV and messages revolve around social and civic responsibility, Serbian subsidiary of Heineken International. The authority commerce is not affected by this limitation. whoever deliberately diffuses false or tendentious news, infor- the coronavirus crisis. Regulators across the country have also The current situation, it is not the exception, since the Executive out that consumers' claims increased by 71% during the mation or rumours, or spreads provocative propaganda been aggressively prosecuting marketers at an almost COVID mandatory lockdown, mostly concerning communica- devices, but its requirement that claims be substantiated We are not aware of any COVID-related marketing enforcement Egypt Honduras warned that making false claims relating to such products is radio advertisements. There has been enormous support by the aiming to promote social distancing, as advised by the considered the commercial containing the following voice- Branch has published Covid-related enforcement to specific remains unchanged. HC issued compliance letters to several in Curacao. There have been no COVID-19 related changes in Egypt. The Honduran Government imposed in mid-March restrictions considered “misleading consumers,” an act which is clearly New Zealand companies as to the measures established by the national relevant Romanian authorities. However, at the beginning of over: “Let’s salute to all of us, since joined together we have Sweden should it lead to disturbance of public security, cause panic unheard of pace for selling products that falsely claim to be sectors or goods. First, the prices of 27 basic products were tion services, financial services and e-commerce sectors, as In regards to adaptations in statutory law, the Swedish among people or be prejudicial to the public interest”). An able to prevent or treat the coronavirus. Government enforce- informed by the Secretariat of Domestic Trade. retailers, naturopaths, and carrying media warning them in an attempt to prevent the spread of COVID-19, which prohibited by the Consumer Protection Law. While there have been no changes to advertising legislation government in order to face the pandemic and diminish as the COVID-19 crisis, some of the market players used the shown our courage and humanity. Let’s salute with Zaječarsko set in dollars. This tries to force companies to set prices at a about unproven COVID-19 claims. At issue were claims that Cyprus El Salvador include amongst others, having established a curfew. Some of or codes as a result of the COVID-19 pandemic, New much as possible the rate of infected people. situation as means to increase their profitability by taking pivo, we have deserved it”, accompanied by images of government has proposed a temporary regulation with the example was the use of this provision to prosecute a man who ment has also focused on advertisers whose aggressive predetermined level, which is usually below the prices that Belgium products prevent or treat the virus, regarding disinfectant In Cyprus, during the COVID-19 emergency, several decrees No new regulations have been adopted by the Consejo the measures adopted by the government include the suspen- Italy Zealand’s Advertising Standards Authority, the industry orga- advantage of the consumers’ natural anxiety. In this respect, applauding police officers and medical professionals wear- purpose of enhancing the protection of gamblers due to distributed an image of a man sprawled on the pavement, marketing may have crossed the line. Regulators have repeat- would spontaneously deprive that market. With the setting of efficacy, as well as those related to the composition of person- have been issued by the Minister of Health aiming to enforce Nacional de la Publicidad on advertising during these times sion of deadlines and interruption of limitation periods In Italy, during the COVID-19 emergency, the advertising nization responsible for the self-regulation of advertising Companies and individuals offering and selling products and one of the competent Romanian bodies that ensures faithful ing face masks together with beer toasting images, to contra- changes in their gambling behavior following the epidemic. claiming this was a COVID-19 victim, when in fact it was a edly warned marketers that they must have competent
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