Advertising, Marketing & Promotion Comparative Guide

• Published date: 29 May 2025
• Law Firm: Moreno Baldivieso
• Author: Mr Rodrigo Moreno Gutiérrez and Ronald Lazarte Zeballos

1 Legal framework

1.1 What are the main legislative and regulatory provisions that govern advertising in your jurisdiction?

In Bolivia, there is no specific law that comprehensively regulates advertising. Instead, advertising is regulated by a legal framework comprised of various rules and regulations. Of particular note is the General Law on the Rights of Users and Consumers (453), together with its regulations (Supreme Decree 2130), which:

• guarantees reliable, truthful and complete information;
• prohibits misleading and abusive advertising; and
• requires compliance with what is offered in accordance with the advertised conditions, including for business promotions, which must clearly, precisely and expressly state the place, form, start and end date of the promotion.

Furthermore, promotions are subject to specific regulation under the Gambling Law (60) and its regulations (Supreme Decrees 781 and 782).

On the other hand, the right to free competition is protected by Chapter 5 of the Commercial Code, which regulates unfair competition. Additionally:

• Supreme Decree 29,519 regulates competition in the market and
• Ministerial Resolution 190 governs the regulation of competition.

Similarly, Decision 486 of the Andean Community on Industrial Property prohibits the registration of misleading trademarks or designations of origin.

Finally, relevant sectoral regulations such as the following may apply:

• the Telecommunications Law (164);
• the Regulation on Labelling of Food Products;
• the Regulation of the Financial System; and
• the Ethical Standards for the Promotion of Medicines.

1.2 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have particular relevance for advertising in your jurisdiction?

The bilateral or multilateral instruments and treaties that are of particular relevance to advertising in Bolivia are those that protect:

• human rights and consumer rights;
• access to information;
• freedom of expression;
• communication; and
• free competition.

The human rights treaties signed by Bolivia that are relevant to advertising include:

• the Universal Declaration of Human Rights;
• the International Covenant on Civil and Political Rights and
• the American Convention on Human Rights.

These treaties establish fundamental rights which are essential for commercial freedom of expression and advertising.

1.3 What industry codes or guidelines have relevance for advertising in your jurisdiction?

There is no specific law that establishes the principles and/or guidelines for advertising. However, due to their general nature, common use and international applicability, the guidelines of the Advertising and Marketing Communications Code of the International Chamber of Commerce are taken as a reference. These state as follows:

• Advertising must be legal, decent, honest and truthful.
• Advertising must be carried out with a due sense of social environmental and professional responsibility.
• The principles of fair competition, generally accepted in the business environment, must be complied with.
• The content of ads must not undermine public confidence in commercial communications.

These principles are also reflected in the general regulations related to advertising, consisting of:

• the General Law on the Rights of Users and Consumers (453) and
• Supreme Decree 29,519 on free competition.

1.4 Which bodies are responsible for implementing and enforcing the advertising regime in your jurisdiction? What is their general approach in doing so?

In Bolivia, the competent authorities for the application and enforcement of regulations related to advertising are:

• the Vice Ministry of Consumer Protection, under the Ministry of Justice; and
• the Business Oversight Authority (AEMP), under the Ministry of Productive Development and Plural Economy.

The Vice Ministry of Consumer Protection, in accordance with the General Law on the Rights of Users and Consumers (453) and its regulations (Supreme Decree 2130), has the power to:

• implement general policies of national scope in the area of consumer rights;
• verify compliance with those policies; and
• address complaints submitted by consumers for possible non-compliance with the advertising regulations.

The aim is to guarantee the truthfulness, clarity and transparency of information that is disseminated to the public.

For its part, the AEMP is responsible for regulating, controlling and supervising those who carry out economic activities, whether lucrative or not, subject to competition regulations. This work is carried out in accordance with Chapter 5 of the Commercial Code and Supreme Decree 29,519, which establish a sanctioning regime for those who engage in acts of unfair competition. In addition, in regulated market sectors, there are specific authorities with control, supervision and sanctioning powers, including:

• the National Service for Agricultural Health and Food Safety for food;
• the State Agency for Medicines and Health Technologies and the Ministry of Health for the pharmaceutical and health sector;
• the ATT for telecommunications and transportation;
• the ASFI for financial services and the stock market; and
• the APS for insurance.

2 Authorisation and clearance

2.1 Do advertisers need any kind of licence or authorisation in order to operate in your jurisdiction?

In general, advertisers do not require a specific licence or authorisation to distribute advertising. The sole requirement is compliance with their formal obligations, including holding the necessary registrations and licences to conduct their commercial activities. However, in certain regulated sectors, advertising is subject to authorisation and approval prior to its distribution.

A representative example is the pharmaceutical sector, where a marketing authorisation is required for the promotion of medicines that have a sanitary registration. This measure guarantees that the promoted products comply with the safety, quality and efficacy standards established by current regulations, thus:

• protecting public health; and
• ensuring that the information provided to consumers is true, clear and precise.

2.2 Do ads require any kind of clearance before they can be released in your jurisdiction?

The advertising regime in Bolivia establishes a regulatory framework with:

• general effects for unregulated sectors; and
• specific effects for regulated sectors.

In unregulated sectors, the dissemination of ads does not require prior authorisation (clearance) from a public entity or civil association. However, all advertising must comply with the requirements of consumer protection, free competition and good customs, in accordance with the principles of good advertising practices and related regulations.

In regulated sectors such as pharmaceuticals and food, prior authorisation is required. In the pharmaceuticals sector, only advertising of over-the-counter (OTC) medicines is permitted. the Counter (OTC) with Sanitary Registration and Marketing Authorization. The National Pharmacological Commission, under the Ministry of Health, authorises, analyses and supervises these ads and can sanction unauthorised advertising in accordance with the Ethical Standards for the Promotion of Medicines.

In the food sector, the National Service for Agricultural Health and Food Safety (SENASAG) approves advertising materials and monitors the use of the SENASAG seal on labels and the content of legends and warnings (eg, calorie content, sugar, tobacco, alcohol), in accordance with the Regulations on Labelling of Food Products for Human Consumption. In addition, it monitors promotions to ensure product quality, transparency of information and restrictions in accordance with:

• the Law on the Control of the Sale and Consumption of Alcoholic Beverages (259); and
• the Law on the Prevention and Control of Tobacco Product Consumption (1280).

3 General advertising regime

3.1 What general rules and requirements apply to ads in your jurisdiction?

Advertising is mainly regulated by the General Law on the Rights of Users and Consumers (453), which establishes fundamental principles to ensure that ads are truthful, clear and verifiable, avoiding any type of deception or abuse against consumers. This regulation:

• prohibits the dissemination of false or ambiguous information that may lead to errors regarding the characteristics, price or benefits of a product or service; and
• requires that:
• • all advertising be based on verifiable data and not make promises without technical-scientific support, thus avoiding misleading and abusive advertising; and
  • all that is offered is fulfilled according to the conditions announced. This relates in particular to business promotions, which are subject to authorisation by the Gambling Supervision Authority according to specific regulations.

3.2 What rules and requirements apply to puffery in your jurisdiction?

'Puffery' is not expressly defined in the law but must be interpreted within the framework of the General Law on the Rights of Users and Consumers. This regulatory framework requires that all advertising be truthful, clear and verifiable, which limits the use of exaggerated claims that may be misleading. While certain subjective and promotional expressions are accepted as part of commercial discourse, they cannot be misleading or abusive by eliciting unrealistic expectations among consumers.

Therefore, such advertising is considered to violate the right to information of consumers, subject to sanction under the General Law on the Rights of Users and Consumers and its regulations (Supreme Decree 2130), which may also be claimed before the Vice Ministry of Consumer Protection. For their part, competitors can also report such advertising as an act of unfair competition according to Article 69(5) of the Commercial Code before the Business Oversight Authority. In regulated sectors, the complaint will be handled before the competent entity.

3.3 Under what circumstances must claims in ads be substantiated?

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