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P
e r u 20. RESTRICTIONS ON ADVERTISING Article 65 of the Constitution establishes: ?The State defends
the interests of consumers and users. As such it guarantees the
right to information about the goods and services at their disposition
in the market. ?In addition, it particularly watches over the health and safety
of the population.? Article 15 of Legislative Decree 716 of 1991 on consumer protection
establishes that the providers are obligated to give information
on products and services that is true, sufficient, appropriate and
easily accessible by the consumer or user. Article 3 of Decree 691 of 1991 dictates that the advertisements
must respect the laws. Article 4 states that they must not contain
information or images that may lead the consumer to error. Article
8 states that comparisons are permitted, provided that they are
not denigrating. Article 9 specifies that commercials for alcoholic
beverages must be directed to adults. Article 10 states that commercials
cannot induce minors to mistaken conclusions as a result of the
use of fantasy. Finally, Article 12 dictates that cigarette commercials
must state that smoking is hazardous to health. The Penal Code penalizes any conduct that through advertising
misleads consumers regarding the quality of goods and services (Article
238). In the case of food products, preservatives and additives,
medications or articles necessary to maintain life or for consumption
by children, the fine is increased by fifty per cent (50%).
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