News

There is a growing tendency to the number of countries that join the incorporation of strict regulations for the reduction of polluting and waste emissions, with special attention to ban those products of a single use. These regulations require companies to introduce adjustment programs and environmental control policies. In order to apply rapid changes, companies implement changes such as the use of packaging in paper bags instead of plastic, manufacturing of products with recycled materials, encouraging the return of packaging or clothing that you are no longer using, as a reuse incentive and price reduction for the next purchase.

These actions of change go hand in hand with new commercial images, brands and signs for descriptions of the reductions in the environmental footprint for the manufacture of such products, which in turn has generated an advertising trend focused on green marketing and awareness campaigns. This type of advertising has become more likely to appeal for the awareness and education of consumers, without leaving aside the space to advertise the superiority of the product in relation to the competition. But … have we ever questioned the truthfulness of these statements?

With the transformation of forms of commerce, advertising is required to be a dynamic, creative, without neglecting the mission of effective communication of the product that is in the market. That is why advertising is gaining strength every day and in a world of permanent connectivity, advertising becomes the main means of exposing products. This constant exposure to advertising has generated special attention by local authorities to regulate advertising more effectively, now including as vigilant entities the offices of Consumer Protection, Governance, Health Regulation, Competition Commission, among others.

This constant and more specialized surveillance of advertising has raised strong alerts in local commerce, such as misleading advertising identification for products that declare “use of recycled materials” on clothing labels that are limited to the materials used in the labels that declare the green policy and not about the garment. This type of misleading advertising is called GREENWASH and is being reviewed by the Competition and Consumer Protection Authorities. Since advertising is an exposure of the company to the consumer and its brand, it is recommended that companies look for proper advice on the regulations and advertising regulations that apply in the country to avoid penalties, suspense of operations and any type of restrictive measure of Commerce.

Graciela S. Cruz Raudales
Partner
García & Bodán
Honduras