New Authorization System For Promotions, Drawings, And Contests Approved

Author:Mr Ricardo Alberto Antequera (Antequera Parilli & Rodríguez)
Profession:Global Advertising Lawyers Alliance (GALA)
 
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Finally, after leaving companies and individuals involved in the advertising business in limbo, on April 23, 2014, the administrative resolution establishing the new procedures and conditions to be met before the National Superintendence for the Defense of Socio-Economic Rights (SUNDDE) approve promotions came into force.

Following the general principles of the Law for the Defense of People's Access to Goods and Services (superseded), the new regulation maintains the authorization system for activities qualifying as promotions and develops aspects of general interest, in some cases, rightly (at least for individuals to understand the rules more clearly), and in others, deepening into concepts of concern, as they directly infringe the notion of free enterprise based on ideological foundations beyond the Venezuelan society. Aside from the long list of supporting documents and formalities to be fulfilled by those concerned, the following are of special interest:

Use of generic concepts without definition - As in the Law of Indepabis (Institute for the Defense of People's Access to Goods and Services), the resolution, in its short statement of reasons, affirms being justified by the Government's obligation to protect the interests of consumers against ..."subliminal... advertising to coercive methods... to induce consumerism," terms that are NOT subsequently defined. That leaves again at the officer's discretion whether to classify given material or advertising initiative as "subliminal" or "consumerism-inducing," which are matters steeped in dangerous subjectivity within the necessary social balance that must exist between the rights and duties of the persons involved in the advertising business, including consumers. Definition of "advertising material" - Now understood as "any form or mean used to launch the promotion, advertising through radio or television, brochures, flyers, banners, displays, press, posters, vouchers, coupons, or the like." Relevant exclusion of assumptions NOT subject to the authorization system - Activities not subject to the resolution are included (although some are confusingly worded), thus, clarifying doubts that dated back years ago, namely: Promotion of a product Tastings Delivery of free samples Mere product and/or service advertising actions These activities, therefore, are not subject to the resolution. Companies subject to additional requirements: Hotels, inns, and other enterprises providing tourist accommodation services...

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