Advertising and Marketing 2024 Comparisons

Provisions that should be considered in relation to advertising and marketing in El Salvador include the following:

• The Constitution of El Salvador;
• Ley Penal Juvenil (Juvenile Criminal Law);
• Ley Especial Reguladora de la Obligacion de las Personas Naturales y Jurídicas de Derecho Privado de Cumplir con el Principio de Publicidad (Special Law Regulating the Obligation of Natural Persons and Legal Entities Under Private Law to Comply with the Principle of Publicity);
• Ley Crecer Juntos (Law of Growing Together);
• Ley de Medicamentos (Pharmaceutical Law);
• Ley de la Superintendencia de Regulación Sanitaria (Law of the Superintendence of Sanitary Regulation);
• Guia de la Publicidad de Medicamentos (Medicine Advertising Guide);
• Aspectos Eticos para la Publicidad Farmaceutica en El Salvador (Ethical Aspects of Pharmaceutical Advertisement in El Salvador);
• Ley de Proteccion al Consumidor (Consumer Protection Law);
• Codigo de Trabajo (Labour Code);
• Ley de Promocion, Proteccion y Apoyo a la Lactancia Materna (Law for the Promotion, Protection and Support of Breastfeeding);
• Ley de Igualdad, Equidad, y Erradicacion de la Discriminacion Contra las Mujeres (Law on Equality, Equity, and Eradication of Discrimination Against Women);
• Ley Especial Integral Para Una Vida de Violencia Para las Mujeres (Special Law for a Life Free of Violence for Women);
• Codigo de Autoregulacion Publicitaria (Advertising Self-Regulation Code); and
• the Digital Asset Issuance Law.

The regulatory authorities involved in matters related to advertising and marketing in El Salvador include:

• Consumer Protection Defence (Defensoría del Consumidor);
• the Ministry of Labour;
• the Ministry of Health;
• the National Council for Children and Adolescents;
• the Salvadoran Institute for the Integral Development of Childhood and Adolescence; and
• the judicial courts.

Anyone can be held liable should they affirm or confirm something that is not true regarding pharmaceuticals, drugs, cosmetics, alcohol, food, beverages and other types of products, depending on the type of publicity in question. This can also be regulated in the Consumer Protection Law and in the Advertising Self-Regulation Code.

Products can be advertised on television, radio, social media and the internet.

Pre-approvals are sometimes required, mostly regarding pharmaceutical products. A pre-approval must be obtained from the Superintendence of Sanitary Regulation.

There are no special rules, only general ones, regarding intellectual property under the Intellectual Property Law (relating to the Trademarks and Other Distinctive Signs Act, intellectual property, treaties, Acuerdo sobre los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio (ADPIC) and the Advertising Self-Regulation Code) and the new Intellectual Property Law, which will become effective in February 2025.

El Salvador used to have a national bureau of publicity, but after the COVID-19 pandemic, this entity was dissolved. However, the Advertising Self-Regulation Code is still in effect, regulating advertising and how to advertise. There is a special commission that oversees the handling of all advertising practices and procedures when complaints are filed by advertisement agencies, advertisers, associations and NGOs, consumers and the government. In addition, Consumer Protection Defence oversees inspections and has the power to sanction individuals or companies in the event of infringement of any regulation. This entity is not only in charge of advertising issues, but also carries out inspections regarding the use, commercialisation and sale of products for human consumption.

If the special commission issues a ruling, they admit an appeal; once the ruling is issued, there can be no additional appeal.

Anyone can file a complaint before Consumer Protection Defence, the Commission of the Self-Regulation of Advertisement, the courts or any other entity, depending on the advertisement practice at issue.

Moreover, anyone can file a complaint before Consumer Protection Defence regarding the publicity or advertisement of goods and services. The complaint must be made within five days, depending on the documents and proof provided.

With regard to official complaints where the facts are clear because they have been recorded by Consumer Protection Defence or proven by the actions of other institutions, are recognised by the offender, are recorded in administrative records or because of certain other circumstances, the file may be processed via a simplified procedure.

Once the procedure has been started, the court will summon the defendant in writing to appear at their defence within a period of five days starting from the day after the notification was received.

Upon the expiration of the term, the trial will be opened for eight days, whether the defendant has appeared or not. During the trial period, the parties may present and request the evidence they deem appropriate.

The court must ex officio provide for the taking of the evidence it deems appropriate at any time during the procedure, allowing intervention by the interested parties.

The means of proof recognised in common law will be admitted in an appropriate manner and with suitable scientific backing. The evidence provided during this process will be scrutinised according to the rules of sound criticism. The court, once the proceedings have concluded, will issue a resolution within a maximum period of ten days.

Also, complaints may be filed before the Commission of the Self-Regulation of Advertisement, but must be formulated in writing and filed along with the specific advertisement and complete information on the campaign. The advertising media must be specified, as well as the alleged violations attributed thereto, with the addition of any evidence deemed necessary to support the claim.

It must be verified that all requirements are met, the parties must appear at the hearing and the commission must carry out the necessary procedures and investigations. All rulings must be in writing and based on the rules of the Advertising Self-Regulation Code. The sanctions that may be imposed include immediate suspension of the advert and public or private reprimands. Once the ruling is issued, there is no additional appeal.

Finally, anyone can file a complaint before other entities such as the Ministry of Health, the Superintendence of Sanitary Regulation and the courts, among others, depending on the nature of the publicity- or advertisement practice-related complaint.

The most relevant cases are related to clothing stores, shoes and accessories, restaurants and supermarkets, and aesthetics and beauty centres not detailing the terms of promotions. In such cases, advertisers typically run promotions that state when they start but not when they finish.

There are cases where, even though supermarkets have left labels showing special prices attached to products, a customer arriving at the checkout is told that the promotion has ended and charged the regular price.

Drugstores usually show the date of discounts on medicines, cosmetics and other goods, but they do not specify the time at which these promotions end. Some drugstores only apply a discount from 6.00 am to 12.00 pm, or for several hours, and this is not always completely clear in their advertisements.

In all of these cases, the entities are subject to fines and must comply with the authorities’ ruling.

Advertisers are urged to have respect for local customs and not to parody or mock El Salvador’s cultural customs.

Areas impacted by advertising regulations in El Salvador include the following:

• children’s advertising;
• women’s rights;
• diversity;
• inclusion;
• discrimination;
• stereotypes;
• feminism; and
• sexual advertisements.

Factors that can determine whether claims are classified as deceptive or misleading include the following.

• The characteristics of the goods, activities or services, such as:
1. their origin (geographical or commercial), nature, composition, destination, purpose, suitability, availability and newness;
2. their quality, quantity, category and specifications;
3. the method and date of manufacture, supply or provision; and
4. the results that can be expected from use;
• the total price or method of fixing the same;
• the legal and economic conditions for the acquisition, use and delivery of the goods or the provision of services;
• the reasons for an offer or promotion; and
• the nature, qualifications and rights of the advertiser.

No information has been provided in this jurisdiction.

The types of substantiation generally required to support advertising claims typically include:

• testimonials;
• scientific information;
• the special characteristics of the products and services; and
• studies.

The Advertising Self-Regulation Code prohibits the comparison of products for advertisement campaigns or products that share one or more specific attribute. If an advertiser makes or suggests a comparison, it must be supported by accurate information.

If advertisers would like to advertise a product, they must provide sufficient evidence of what they are conveying in the advertisement, including testimonials or scientific information.

The Advertising Self-Regulation Code establishes regulations in Articles 18–20 for this type of advertisement. It states that testimonials in advertising must not contain any claims or visual representations that could be misleading, nor must they be used in a way that could produce a similar effect. Testimonials that, for whatever reason, have ceased to provide valid support of the statements made in the advertisement should not continue to be used.

The use of models dressed in uniforms or attire that represents the characteristic of a profession, trade or occupation should not mislead the consumer. In this sense, if the model is a legally accredited professional or technician, this must be clarified in the announcement with reference to their licence or registration; otherwise, it must be clarified that the image is a representation.

The permissibility of using doubles or identifiable photographs depends on the authorisation of the imitated person.

Publicity and advertisements related to doctors or pharmacists are regulated by the Medicines Act as well as the Medicine Advertising Guide.

The Advertising Self-Regulation Code states that an advertisement must be clearly identifiable as such, whatever its form or the means used to disseminate it.

An advertisement, report, article, note, text, legend or any other form of information that is disseminated through payment must be clearly identified as a paid advertisement so that it is distinguished from news material and does not confuse the consumer. In no advertisement should techniques be used that prevent the consumer from realising that advertising is being disseminated.

There are no special laws that regulate stereotyping; however, there are several laws that regulate different subjects and matters related to diversity and equality, inclusion or stereotyping, where in the past some companies have made advertisements relating to these issues over which people have filed complaints before Consumer Protection Defence – and, previously, before the National Bureau of Publicity – in order to remove the campaign or advertisement.

There have been some cases in which women have been treated as sexual objects; such campaigns are removed when a complaint is filed. One example is of a company running a campaign in which politicians and older men with money were shown to be able to get and have what they want, including “sexy” women. This campaign was taken down since it denigrated women and suggested that women are for sale if men have the money.

Job postings is also a sensitive area since, in some cases, they are directed only toward women or men over a certain age; this is considered discrimination since it is a requirement that everyone be entitled to apply for a job. Thus, job postings must be “generalised” and not gender-based.

The Advertising Self-Regulation Code states that advertisements that directly or indirectly encourage the pollution of air, water, forests and other natural resources should not be accepted. The extinction, inappropriate exploitation or inappropriate use of fauna, flora and other natural resources, and the pollution of urban areas, are also unacceptable.

Claims such as “not harmful to the environment” and “ecologically safe”, among other similar phrases that imply that a product or activity does not have an impact on the environment – or does so only positively – should not be made unless there is true scientific information and verifiable evidence that supports the authenticity of said claims.

There are no special laws or guidance related to dark patterns in advertising; however, these may be regulated by the Consumer Protection Law, the Advertising Self-regulation Code, the Constitution or the Electronic Commerce Law and other laws that protect consumers.

The Law of Growing Together, as well as the Constitution, which regulates rights for children, prohibits the distribution or facilitation of access to public shows, publications, videos, recordings, television programmes, radio or other means of communication or media that contains inadequate or harmful messages relating to the development and training of underage people. However, the Advertising Self-Regulation Code has, in the past, regulated the use of minors in advertisements, stating that such persons cannot be used in advertisements of drugs, alcohol or sexual matters. Also, there are relevant regulations in the Advertising Self-Regulation Code.

The Constitution of El Salvador regulates that the government is the body that must ensure the defence, mental and physical health and interests of minors.

Also, the Special Law Against Computer and Related Crimes regulates the extortion of children and adolescents for sexual content, as well as the use of children and adolescents in internet pornography.

There are no specific rules related to sponsor identification or branded content.

There are no other claims regulated by special laws.

The Advertising Self-Regulation Code, in Articles 23 and 24, establishes that comparative advertising is considered advertising that specifically mentions the name of a competitor.

It is prohibited for an advertiser to compare one or more specific attributes of an advertised product, and any such announcement or suggestion must be supported by accurate information.

This regulation is still binding: claims can be filed before Consumer Protection Defence in relation to comparative advertisements and the unauthorised use of a trade mark, as well as false affirmations.

Based on the Advertising Self-Regulation Code, it is not permitted to use the name of a competitor in advertising. This can constitute an infringement of the competitor’s intellectual property rights; the use of the name of a product of a competitor might be considered as unauthorised use of the trade mark so is not allowed.

Advertisements can be challenged – ie, complaints can be filed – before the Commission of the Self-Regulation of Advertisement, in accordance with the Advertising of Self-Regulation Code. Claims must be formulated in writing and filed along with complete information on the advertising campaign, including the advertising medium and the alleged violations attributed thereto, along with any evidence deemed necessary to support the claim.

It must be verified that all requirements are met, the parties must appear at the hearing and the commission must carry out the necessary procedures and investigations. All rulings must be in writing and based on the rules of the Advertising Self-Regulation Code. The sanctions that may be imposed include immediate suspension of the advert and public or private reprimands. Once the ruling is issued, there is no additional appeal.

The Advertising of Self-Regulation Code also regulates unfair competition, stating that advertisements must not denigrate or distort any image of a product or trade mark of another company; must not contain statements or insinuations that violate the good name of third parties; and, in general, must respect the principles and rules of loyalty in commercial competition.

Advertisements must not make any reference to another company or product that could cause the public to reject them or make them look “ridiculous”.

In turn, advertisements must not take advantage of the prestige of a trade name and/or symbols of another firm or product, or of the prestige acquired by an advertising campaign.

In El Salvador, there is no specific regulation that deals with ambush marketing; however, there are regulations that may be applied to infringers under the Trademarks and Other Distinctive Signs Act, The Intellectual Property Law (which will become effective on February 2025), the Commercial Code, the Consumer Protection Act and the Advertising Self-Regulation Code.

The Special Law Against Computer and Related Crimes and the Advertising Self-Regulation Code apply in this area.

Since the advertiser owns the site or social media channels, they are liable for content that is posted or provided though such channels, whether or not it has been posted directly by the advertisers, their employees, marketing personnel or others that have access to their channels.

In El Salvador, the Trademark and Other Distinctive Signs Act, The Intellectual Property Law (which will become effective on February 2025), the Consumer Protection Law, the Special Law Against Computer and Related Crimes and the Constitution apply in this area. However, this type of advertising is more complicated with respect to proving bad faith or determining who has directly disseminated the advert.

There are no unique rules in this area; the general rules for social media platforms apply in El Salvador, and platforms are allowed to take down an account if they consider that it is infringing the rights of third parties, using unauthorised content or promoting pornography or other crimes. There are no prohibitions on the use of social media platforms in El Salvador.

There are no specific rules in this area, only the general rules that apply to advertising.

The following regulations apply:

• the Advertisement Self-Regulation Code;
• the Consumer Protection Law;
• the Trademark and Other Distinctive Signs Act;
• the new Intellectual Property Law (which will become effective on February 2025); and
• the existing Intellectual Property Law.

According to El Salvador law, the only regulation applicable in this area is the Advertisement Self-Regulation Code, which largely explains the permissible uses and content of testimonials. Also, the Consumer Protection Law establishes the Consumer Ombudsman to ensure compliance with the mandatory standards of safety, information, labelling, quality, and weights and measures of goods and services on the commercial market.

However, the advertiser is not liable for content posted by an influencer. The advertiser must sign a contract with the influencer, and in such document, establish the rules and actions that the influencer must comply with and carry out, as well as the limitations on the influencer and the liabilities for not complying with what is established in the contract.

The following regulations may apply:

• the Consumer Protection Law;
• the Constitution;
• the Special Law Against Computer and Related Crimes; and
• the Advertising Self-Regulation Code.

There are no special law or rules applicable in this area in El Salvador.

There are no special rules for email marketing in El Salvador, only the general rules regarding advertisements. The advertiser must:

• establish the start and finish date of promotions;
• specify the promotion to be held;
• specify the promotion’s requirements;
• maintain an opt-out requirement in case the owner of an email account does not wish to receive advertisements;
• not promote any sexual material or pornography;
• ensure the use or language is in accordance with the applicable legislation;
• in the case of advertisements featuring children, comply with all regulations; and
• comply with all requirements for the advertisement and promotion of alcohol and tobacco.

Penalties could include fines and removal of the offending email address, and parties can even initiate proceedings in the courts for serious infractions.

The E-Commerce Law also has some rules regarding communications and emails.

Penalties for violating these rules include complaints filed in the courts, which can carry civil and criminal liabilities depending on the violations. Also, complaints can be filed before the Consumer Ombudsman.

No specific rules are applicable in this area. However, if there is no specific user consent, advertisements must expressly indicate that they constitute unsolicited advertising or promotional electronic commercial communication. They must include a simple, free and viable option to request exclusion from the list of recipients of the communication at any time, and state that the data of the recipients has been obtained without infringing the right of protection of personal data. The judicial authority may order that the provision of the service or access to the content be suspended as a precautionary measure, depending on the violations and the measures requested.

No specific rules are applicable in this area, only the general rules for advertisements and promotions. However, text messages must be limited; if they are excessive, this could constitute harassment and be the subject of a complaint to the relevant authorities.

The Telecommunications Law and the Consumer Protection Law regulate this type of advertisement. The Telecommunications Law establishes a schedule, from Monday to Friday, which limits telephone calls advertising/selling the products or services of companies.

Advertising aimed at minors should positively influence their behaviour, supporting beneficial social behaviour whenever possible.

Special care should be taken to ensure that advertising does not depict violence or images of a sexual nature.

Advertisements should not make exaggerations regarding the qualities or uses of products; they should be truthful and accurate.

Advertisements aimed at minors must be respectful of their physical, mental and moral integrity, and must always respect the naivety, credulity, inexperience and sense of loyalty of minors.

Advertisements should promote and strengthen a culture of social harmony, especially in relation to film, television and radio broadcasts. They should also refrain from promoting public shows characterised by a loss of values or a climate of violence, especially in children and young people.

Public shows involving international artists should be classified in accordance with current legal regulations pertaining to the rights of children and adolescents for the moral protection thereof.

Violating any of the foregoing rules could lead to a party being penalised and facing criminal and civil charges, including fines and/or imprisonment, depending on their responsibility for any actions and violations committed.

The following areas are subject to privacy rules relating to advertising:

• foods and non-alcoholic beverages;
• people with illnesses, treatments, diets and pharmaceutical products;
• wines and liquors;
• drinking in moderation;
• cigarettes and tobacco;
• insurance, loans and investments;
• education and training courses;
• home improvement plans and sales catalogues;
• excursions, trips and timeshares;
• safety and accidents; and
• protection of privacy.

Sweepstakes and contests are regulated by the Ministry of Governance, which provides authorisation therefor. However, there is no specific regulation for online promotions, raffles or contests.

All documents, rules, information and advertising materials related to sweepstakes and contests must be filed along with the authorisation form and payment. All materials must be in Spanish.

The Organic Law of the National Charity Lottery establishes definitions in Article 3. It defines online games like bingo, keno, slot machines, card games, instant-win games, roulette wheels and any other game of chance played electronically or online through websites or mobile applications.

The Ministry of Governance has the responsibility for authorising and regulating games of chance and/or contests of skill.

The filing and registration required to offer a chance-based game and/or skill-based game is regulated in the Ministry of Governance’s applicable law for raffles, contests, commercial promotions and similar activities. This law is applicable if the contest is held in Salvadoran territory and if the prize has a monetary value. Articles 3 and 4 regulate the requirements of the authorisation request, which are as follows.

• The request: a letter must be addressed to the Minister of the Interior and Territorial Development, signed by the legal representative or proxy of the entity they represent and authenticated by a notary public, stamped with the seal of the entity they represent. The request must include the name of the person who will be authorised to hear, present and receive notifications related to the request, as well as their address, email (if any) and telephone number.
• The basis of the promotion: see the Model to Follow for Bases of Commercial Promotions.

• Clarification of the prizes to be awarded to winners, signed and stamped by the commercial provider (certified photocopy or original). Unit prices must include VAT.

• A certified photocopy of the unique identification document (DUI) and tax identification number (NIT) of the legal representative or power of attorney of the requesting entity.
• A certified photocopy of the NIT and VAT card of the requesting entity.
• A certified photocopy of the deed of incorporation of the requesting entity, registered in the national registry centre.

• A certified photocopy of the current credentials of the board of directors of the applicant company/entity, registered in the national registry centre.

• A certified photocopy of the deed of power of attorney (legal representative) of the applicant entity, registered in the national registry centre.

• A certified photocopy of the contract(s) issued by telecommunications companies authorising the use of a text message service (short message service (SMS)) or telephone calls (mobile/landline) for the purposes of the promotional activity requested (applicable only to entities carrying out commercial promotions using text-messaging services and telephone calls).
• A current municipal solvency certificate (original or certified copy of the domicile of the requesting entity).

Regarding costs, according to the rules stated in the foregoing, a payment in the amount of USD500 is required for Ministry of Governance authorisation and certification of the game after presentation of the documentation required for a commercial promotion (bingos, raffles, contests, trivia, sweepstakes, lotteries, etc).

Article 7 establishes that, when the authorisation request is granted, the beneficiary will have to pay a further USD51 within three business days after notification of authorisation and receipt of the initial payment order.

The company or person organising the sweepstake, contest, etc must meet the requirements for processing the authorisation within 15 business days prior to the start of advertising, as per Article 5.

There may be other applicable laws depending on the municipality in which the contest or sweepstake will take place (eg, the municipal law of San Salvador).

The regulations that may apply to free or reduced-price offers are:

• the Consumer Protection Law;
• the Advertising Self-Regulation Code; and
• the Medicines Law.

Any advertiser who communicates an offer or price reduction must be able to comply with it. The ability and willingness to comply with the offer must be verifiable. In the same way, the advertiser must specify the limitations. Once the inventory subject to the offer or price reduction is exhausted, the promotion may no longer be advertised.

There are no specific laws applicable in this area, but the general rules regarding contracts establish that, if a contract is signed and a clause of automatic renewal is established, the marketer or entity is allowed to continue charging unless a written termination is signed or if the parties come to an agreement regarding termination of the contract.

For example, if a marketer is hired to be in charge of a company’s marketing, social networks and other public media, they will continue to charge – ie, the contract will be understood to be automatically renewed – if there is no agreement between the parties regarding (early) termination and the giving of notice to the other party of a party's intention to terminate the contract.

Similarly, in regard to publicity via social media, if there is a clause or any part of a clause stating that the parties agree to automatic renewal, a marketer will continue to charge for advertising and will be fully entitled to do so.

There are no specific rules in connection with artificial intelligence.

There are no special rules related to making a claim that a product has been developed using AI, is powered by AI or has AI-related capabilities.

There are no special rules for chatbots; however, virtual assistants have been mostly used by telecommunications companies and banks to deal with enquiries made by virtual or telephonic means.

There is a special Bitcoin Law in El Salvador, since Bitcoin is a national currency. However, this law does not establish any special regulations in regard to the advertising, marketing or sale of Bitcoin, although it states that digital exchange houses are considered as Bitcoin or dollar exchanges when the usual activity therein is buying and selling Bitcoin at prices determined by market supply and demand.

Also, in the case of digital wallets for Bitcoin offered by the state, to guarantee financial inclusion of the population, banks must provide their services via exchange platforms in such a way that they do not generate commission for the end user of said wallets, in accordance with the regulations issued by the Banco Central de Reserva de El Salvador (BCR).

There are no special regulations regarding advertisements within the metaverse.

The Medicines Law has rules and restrictions related to the advertisement of medicines, medical devices, cosmetics and drugs. All advertisements must be pre-approved by the national Directorate of Medicines.

Also, the Advertisement Self-Regulation Code establishes regulations for advertisements of alcohol, drugs, food, beverages and tobacco.

Cannabis is not authorised in El Salvador.

The advertising of food and non-alcoholic beverages, including via text and visual and auditory presentations of the physical characteristics of products (such as flavour, size, content, nutrition and health benefits), should not mislead the consumer in any way.

Advertising for food and non-alcoholic beverages must not:

• encourage or justify immoderate, excessive or compulsive eating or drinking;
• go against the promotion of a varied and balanced diet or underestimate the importance of a healthy and active lifestyle; or
• misrepresent food products that are not meal substitutes as such.

When advertisements of food and non-alcoholic beverages contain statements and terms referring to health or nutrition, such statements must be supported by adequate scientific evidence; therefore, pertinent information must be possessed in advance.

Product comparisons related to nutrition and health must be objective and clearly understandable.

No advertisement should include a promise of cure, unless said promise can be supported by evidence provided by individuals or ad hoc entities. Any advertising piece, in terms of its technical content, must have the endorsement of the relevant competent authority.

No advertisement should offer advice for the treatment of a disease that requires the services of a professional.

No advertisement should contain statements that may mislead the consumer regarding the composition, characteristics or results of the medicine or treatment, or the indications for which it is recommended.

The advertising of wines and spirits must guarantee responsible dissemination and not promote abusive consumption leading to undesirable behaviour, or which is contrary to the general interests of society.

In cigarette advertising, any messages, in addition to complying with the provisions of the relevant legislation, must not:

• encourage the consumption of cigarettes and tobacco;
• exploit eroticism;
• use images, language or ideas that suggest that consumption of the product is a sign of maturity or that it contributes to professional, social or sexual success;
• be directed toward minors;
• use testimonials from models who are older or otherwise not as they appear to be; or
• be inserted into programmes where the audience is mostly children.

Outdoor advertising may not:

• be located in front of schools;
• promote acceptance of the product as appropriate for minors; or
• use language, graphics and audiovisuals aimed at children that may arouse the curiosity or attention of minors and contribute to the adoption of moral values or habits incompatible with their status.

There are no special rules related to the placement of products in entertainment content.

There are no specific rules or restrictions that apply to advertisements of any other category of products.