Brazil
Law · Administrative Acts

Resolution on Advertising and Marketing Communication to Children and Adolescents (Resolution No. 163 of 2014)

Summary:

This resolution on advertising and marketing establishes that those practices, when targeted at children and adolescents, are abusive.

Description:

General overview of the resolution on advertising and marketing

The National Council of the Rights of Children and Adolescents [Conselho Nacional dos Direitos da Criança e do Adolescente, CONANDA] adopted this resolution on advertising and marketing. Even though it is not a biding document, it guides other policies.

The resolution states the concept of “marketing communication” (in Portuguese, “comunicação mercadológica“). According to the resolution, it is any commercial communication activity, including advertising, for the dissemination of products, services, brands, and companies, regardless of the means used for it. (Article 1.1)

Key highlights

For FULL purposes, it provides the following highlights:

Marketing communication encompasses a range of tools (Article 1.2):

    • print ads,
    • TV commercials,
    • radio spots,
    • banners and web pages,
    • packaging,
    • promotions,
    • merchandising,
    • actions through shows and presentations,
    • and product placement at points of sale.
  • The practice of directing marketing communications to children will be considered abusive when it seeks to persuade them to consume any product or service and uses any of the following: children’s language, special effects, and excess color; representation of a child; soundtracks for children’s songs or sung by children’s voices; people or celebrities that appeal to children; cartoons or animation; dolls or similar toys; promotions with distribution of prizes or collectible gifts appealing to children; promotions with competitions or games appealing to children. (Article 2).
  • Marketing and advertising communication in day-care centers, schools, and institutions for primary education will be considered abusive, including when it appears on school uniforms or teaching material (Article 2.2).