Since the Argentine Executive issued Emergency Decree No.
274/2019, material changes on aspects concerning advertisements,
comparative advertisement, unfair competition and the
administrative procedure for sanctions were introduced amending the
prior regime of Fair Trading Law No. 22,802.
The Decree prohibits deceptive advertising and regulates aspects
related to the organization of contests and sweepstakes. It also
prohibits the pre-control of advertisements, establishing the
possibility of a post control audit by the Authority.
Furthermore, the Decree defines comparative advertising without
prohibiting it, provided that it meets the conditions stipulated in
the regulation itself, i.e. it is not misleading or deceptive; the
comparison is objective; its goal is to inform the consumer of the
advantages of the goods/services being promoted and it does not try
to gain an undue advantage from the reputation of others.
