E c u a d o r

20. RESTRICTIONS ON ADVERTISING

The Consumer Protection Law of 1990 contains some restrictions and guidelines on advertising of goods and services.

Art. 4: ?The rights of the consumer include the right to truthful, correct and complete information.?

Art. 14: ?Suppliers are committed to inform truthfully and extensively as to quality, quantity, price and safety of goods and services offered to consumers.

?In advertising about goods and services carried in the media, all facets of quantity shall be specified, as well as sales prices to the public when products are subject to official pricing. Regarding quality, reference shall be made, when applicable, to the INEN technical guidelines.?

Art. 15: ?The following are prohibited in advertising of goods and services:

a) To disseminate false information leading to errors and confusion as to quality, quantity or price.

b) To promote the use of illegal substances and drugs.

c) To use false statements regarding reduced prices of goods and services, and

d) To denigrate historic, patriotic, cultural or religious values.?

Art. 16: ?Advertising shall be controlled by a special committee made up as follows:

a) A delegate from the Secretariat of Social Communications (SENAC), who shall be chairman;

b) A delegate from the Ministry of Industry, Trade, Integration and Fisheries;

c) A delegate from the Ecuadoran Institute of Normalization (INEN);

d)  A delegate appointed jointly by the Ecuadoran Association of Advertisers and the National Association of Advertising Agencies; and

e) A delegate appointed jointly by the Ecuadoran Association of Radio Stations, the Ecuadoran Association of Newspaper Editors and the Ecuadoran Association of Television Channels.?

Art. 17: ?The Special Committee provided for in the previous clause shall enforce implementation of this law regarding advertising. The committee?s operations shall be governed by the regulations of this law.

Art. 18: ?The Special Committee provided for in Art. 16 shall suspend any advertising contrary to the provisions of this law, without prejudice of other relevant legal actions.?



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