Advertising & Marketing 2025 Comparisons

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

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

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

• the Consumer Protection Authority;
• 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 Adolescents (Instituto Salvadoreño para el Desarrollo Integral de la Niñez y la Adolescencia);
• the judicial courts; and
• the Superintendence of Sanitary Regulation.

Anyone can be held liable for deceptive advertising in relation to pharmaceuticals, drugs, cosmetics, alcohol, food, beverages and other types of products if they affirm or confirm something that is not true. Such advertising is regulated by the Consumer Protection Law and 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, and must be obtained from the Superintendence of Sanitary Regulation.

There are no special rules governing the use of intellectual property in El Salvador – only general rules under the Trademark and Other Distinctive Signs Act, treaties, the Agreement on Trade-Related Aspects of Intellectual Property Rights (Acuerdo sobre los Derechos de Propiedad Intelectual relacionados con el Comercio; ADPIC), the Advertising Self-Regulation Code and the new Intellectual Property Law.

El Salvador used to have a National Bureau of Publicity, but after COVID-19 this entity was dissolved. However, the Advertising Self-Regulation Code is still in effect, regulating advertising and how to advertise. There is also a special commission that oversees all advertising practices and procedures when complaints are filed by advertisement agencies, advertisers, associations and non-governmental organisations (organizaciones no gubernamentales (ONGs), consumers and the government. In addition, the Consumer Protection Defence oversees inspections and has the power to sanction individuals or companies in the event of infringement of any regulation. They are not only in charge of advertising issues, but also carry 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.

Theoretically, anyone can file a complaint before the Consumer Protection Authority, the Commission of the Self-Regulation of Advertisements, the courts or any other entity to challenge advertising practices, depending on the issue. Similarly, anyone can file a complaint before the Consumer Protection Authority regarding the publicity or advertisement of goods and services. The complaint will be heard within five days depending on the documents and proof provided.

Regarding official complaints where the facts are clearly determined (ie, have been recorded by the Consumer Protection Authority, proven through the actions of other institutions, recognised by the offender, recorded in administrative records, etc), the file may be processed in a simplified procedure.

Once the procedure has been started, the court will summon the supplier to submit their defence in writing within a period of five days starting from the day after the notification was received. Upon the expiration of that term, the trial will be opened for eight days regardless of whether the supplier has appeared or not. During the trial period, the parties may present and request evidence they deem appropriate. The court must ex officio provide for the taking of evidence it deems appropriate at any time during the procedure, allowing the interested parties to intervene.

Evidence recognised under common law can be admitted when applicable, and with sufficient scientific backing. Any such evidence will be appraised according to the rules of sound criticism. Once the proceedings have concluded, the court will issue a resolution within a maximum of ten days.

Complaints may also be filed before the Advertising Self-Regulatory Commission, but must be submitted in writing and filed along with complete information on the advertising campaign in question, including the advertising media and the alleged violations along with the evidence deemed necessary to support the claim.

The concerned parties must appear at the hearing, and the Commission must carry out the necessary procedures and investigations. All rulings must be made in writing based on the rules of the Advertising Self-Regulation Code. Possible sanctions include immediate suspension of the advert and public or private reprimands for the sanctioned entity. Once the ruling has been issued, no additional appeal is possible.

Theoretically, anyone can file a complaint in relation to publicity or advertisement practices before entities such as the Ministry of Health, the Superintendence of Sanitary Regulation and the courts, among others, depending on the nature of the complaint.

The most relevant cases involve clothing, footwear and accessory stores, restaurants, supermarkets and beauty salons that have failed to detail the terms and conditions of promotions.

Often, advertisers indicate the start date, but not the end date, of promotions or erroneously leave discount price tags on products; upon reaching the checkout, the consumer may be informed that the promotion has ended such that they are charged the regular price.

Pharmacies often announce the date of discounts on medications, cosmetics and other products, but do not clarify the end time of the promotion. Some pharmacies only apply the discount from 6am to 12pm, or for some other period spanning several hours, but do not make this entirely clear in their advertisements.

In all of the foregoing cases, the entities concerned are subject to fines and must comply with the authorities’ provisions.

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

The regulation of advertising in El Salvador has been impacted by concerns regarding children’s advertising, women’s rights, diversity and inclusion, discrimination, stereotypes and sexual advertisements.

Factors considered when determining whether claims are deceptive or misleading include the following.

• The characteristics of the goods, activities or services, such as:
1. their geographical or commercial origin, 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 their use.
• The full price of the product and the method used to determine it.
• The legal and economic conditions for the acquisition, use and delivery of goods or provision of services.
• The reasons for an offer or promotion.
• 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 are typically testimonials, scientific information, the special characteristics of the products and/or services, and the results of studies.

The Advertising Self-Regulation Code prohibits the comparison of products in advertisement campaigns, including products that share one or more specific attributes, unless supported by verifiable information.

When advertisers make claims about a product, they must have sufficient supportive evidence (eg, testimonials or scientific information).

The Advertising Self-Regulation Code, Articles 18–20, applies to the use of endorsements and testimonials in advertising. Testimonials must not contain any claims or visual representations that could be considered misleading. Furthermore, testimonials that for whatever reason have ceased to be valid as support for statements made in an 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. If the model is a legally accredited professional or technician, this must be clarified in the advertisement with reference to their licence or registration.

The use of lookalikes or identifiable images requires authorisation by the person being imitated. Finally, publicity and advertisements related to doctors or pharmacists are regulated by the Medicines Act, as well as by the Guide to Advertising Medicines.

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

Claims such as “not harmful to the environment” and “ecologically safe”, and other similar claims that a product or activity does not impact the environment or only does so positively, should not be made unless there is true scientific information and verifiable evidence supporting them.

The Advertising Self-Regulation Code states that an advertisement must be clearly identifiable as such, regardless of its form or the means used to disseminate it. Any advertisement, report, article, note, text, legend or other form of information that is disseminated through payment must be clearly identified as paid advertising when applicable – ie, it must be distinguished from news material and not confusing for the consumer. Techniques preventing the consumer from identifying advertising should not be used.

No other claims are regulated by special laws.

Although there are no special laws, there are several laws that regulate various aspects of diversity, equality, inclusion and stereotyping. Previously, some companies’ advertisements were subject to complaints in this regard, filed before the Consumer Protection Authority and the National Bureau of Publicity and resulting in campaigns or advertisements being taken down – including ones in which women have been treated as sexual objects (eg, a campaign in which politicians and older men with money were shown to be able to have they want, including women – this campaign was taken down since it denigrated women and suggested that women are “for sale” for men with money).

Job postings are also a sensitive area, since in some cases they are directed towards women or men over a certain age; this is considering discriminatory because all people should be entitled to apply for a job – job postings cannot target a specific gender.

The Law of Growing Together and the Constitution of El Salvador regulate the rights of children and prohibit the distribution or facilitation of access to public shows, publications, videos, recordings, television programmes, radio shows or other media containing harmful messages with respect to the development of minors. The Advertising Self-Regulation Code also regulates the use of minors in advertisements, prohibiting this in relation to drugs, alcohol and sexual matters.

The Constitution of El Salvador states that the government must defend the mental health, physical health and interests of minors, and the Special Law Against Computer Crime and Related Crime 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 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, as well as by other laws that protect consumers.

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

There are no specific rules applicable to “native advertising”, only general rules that apply to advertising in general.

The Advertising Self-Regulation Code, Articles 23 and 24, establishes that comparative advertising is 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 with another product. Claims can be filed before the Consumer Protection Authority in relation to comparative advertisements, the unauthorised use of trade marks and false statements.

The Advertising Self-Regulation Code does not permit the use of a competitor’s name in advertising, because this can be considered an infringement of the competitor’s intellectual property rights (ie, unauthorised use of a trade mark).

Advertisement claims can be challenged before the Commission of the Self-Regulation of Advertisements, as established by the Advertising Self-Regulation Code. Claims must be made in writing and filed along with complete information on the campaign in question, including the advertising media and alleged violations with supportive evidence.

The concerned parties must appear at the hearing, and the Commission must carry out the necessary procedures and investigations. All rulings must be made in writing based on the rules of the Advertising Self-Regulation Code. Possible sanctions include immediate suspension of the advert and public or private reprimands for the sanctioned entity. Once the ruling has been issued, no additional appeal is possible.

The Advertising Self-Regulation Code also regulates unfair competition, stating that advertisements:

• must not denigrate or distort the 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 fair and honest 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, and they must not take advantage of the prestige of another company’s trade name and/or logo.

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, the Commercial Code, the Consumer Protection Act and the Advertising Self-Regulation Code.

The Special Law Against Computer Crime and Related Crime and the Advertising Self-Regulation Code apply to advertising in online or social media.

Where the advertiser owns a site or social media channel, they are liable for content posted on – or provided through – the site/channel, regardless of whether such content was posted directly by the advertiser, their employees, marketing personnel or any other parties with access.

The Trademark and Other Distinctive Signs Act, the Intellectual Property Law (passed in February 2025), the Consumer Protection Law, the Special Law Against Computer Crime and Related Crime and the Constitution apply to online disclosures and disclosures in social media. However, it is relatively difficult to prove bad faith and the responsible party in relation to this type of advertising.

There are no unique rules that apply to online disclosures and disclosures in social media in El Salvador; instead, the general rules for social media platforms apply, and platforms are allowed to delete an account if they consider it to be infringing the rights of third parties, using unauthorised content or promoting pornography or criminal activity.

There are no special rules applicable to email marketing, only the general rules regarding advertisements. The advertiser must:

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

The liability could include fines, the removal of email addresses and even court proceedings for serious infractions.

The E-Commerce Law also has some rules regarding communications and emails, violation of which could lead to court filings and civil or criminal liabilities. Complaints can also be filed before the Consumer Ombudsman.

No specific rules are applicable to inbound and/or outbound telemarketing. However, in the absence of specific user consent, advertisements must expressly indicate that they are unsolicited or promotional electronic commercial communications, and there must be a simple, free and viable option to request exclusion from the list of recipients at any time, as well as a statement confirming that the personal data of recipients has been obtained without infringing the rights of protection thereof. The judicial authority may order suspension of the provision of the service, or of access to content, as a precautionary measure or in the routine enforcement of resolutions, depending on the violation and the measures requested.

No specific rules are applicable to text messages, only the general rules applicable to advertisements and promotions. However, text messages must not be excessive, as this could constitute harassment and be the subject of complaints to the relevant authorities.

The Telecommunications Law and the Consumer Protection Law regulate targeted advertising. The Telecommunications Law establishes a schedule (from Monday to Friday) for telephone calls advertising products or services.

Advertising aimed at minors should positively influence their behaviour and – where possible – be socially beneficial. Special care should be taken to ensure that advertising does not show images depicting violence or situations of a sexual nature. In addition, such advertisements should not make exaggerated claims regarding the qualities or applications of products – ie, they should be truthful and accurate. Moreover, they must be respectful of minors’ physical, mental and moral integrity, taking account of the naivety, inexperience and sense of loyalty of minors.

Advertisements aimed at minors in films, television and radio broadcasts should promote social harmony and not erode values or promote a climate of violence. Public shows should be classified in a way that offers moral protection for children and adolescents, in accordance with current legal regulations on the rights thereof. Violating such principles could lead to a party being penalised – criminally and civilly – before the courts and punished with fines and/or imprisonment, depending on the violations committed.

In El Salvador, privacy rules related to advertising pertain to:

• foods and non-alcoholic beverages;
• treatments for illnesses, diets and pharmaceutical products;
• wines and liquors;
• cigarettes and tobacco;
• insurance, loans and investments;
• education and training courses;
• home improvement plans and catalogue sales;
• excursions, trips and timeshares; and
• safety and accidents.

Sweepstakes, promotions, raffles, and contests are regulated and authorised by the Ministry of the Interior. All documents, rules, information and advertising materials related to raffles and contests must be submitted – in Spanish – to the Ministry of the Interior, along with the authorisation form and payment.

The Organic Law of the National Charity Lottery, Article 3, establishes definitions of games including bingo, keno, slot machines, card games, instant win games, roulette and other games of chance played electronically or online (through websites or mobile applications).

The Ministry of Governance is responsible for authorising and regulating games of chance and/or contests of skill, including raffles, contests, commercial promotions and similar activities, if the contest is held in Salvadoran territory and the prize has a monetary value. Articles 3 and 4 of the Organic Law of the National Charity Lottery specify the authorisation requirements, which are as follows.

• The authorisation request: A letter addressed to the Minister of the Interior and Territorial Development, signed by the legal representative or proxy of the entity in question and authenticated by a notary public, with the stamped seal of said entity. The request must include the name of the person who will be authorised to hear, present and receive notifications related to the authorisation process, as well as a contact address, email (if any) and telephone number.
• The basis of any promotion.
• Details of any prizes that are to be awarded to winners, in a document signed and stamped by the provider thereof (original or certified copy). Unit prices must include VAT.
• Certified copy of the single identity document (único de identidad; DUI) and the tax identification number (número de identificación tributaria; NIT) of the legal representative or power of attorney of the requesting entity.
• Certified copy of the NIT and VAT card of the requesting entity.
• Certified copy of the deed of incorporation of the requesting entity, registered at the National Registry Centre.
• Certified copy of the current credentials of the board of directors of the applicant entity, registered at the National Registry Centre.
• Certified copy of the deed of power of attorney (legal representative) of the applicant entity, registered at the National Registry Centre.
• Certified copy of contract(s) issued by telecommunications companies authorising the use of a text message service (SMS) or telephone calls (mobile/landline) in relation to promotional activity, where applicable.

Regarding costs, according to the Ministry of Governance, for authorisation and certification, a payment order in the amount of USD550 must be provided after presenting the requisite documentation for bingos, raffles, contests, trivia, sweepstakes, lotteries, etc.

Article 7 of the Organic Law of the National Charity Lottery establishes that, when the authorisation request is granted, the beneficiary will have to pay USD51 within three business days after the notification of acceptance and receipt of the payment order.

Any company or person organising a sweepstake, contest, etc, must meet all requirements within 15 business days prior to the commencement of advertising, as per Article 5 of the Organic Law of the National Charity Lottery. Other laws may apply 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 include the Consumer Protection Law, the Advertising Self-Regulation Code and the Medicines Law.

Any advertiser that promulgates an offer or price reduction must be able and willing to comply with it in a verifiable manner. The advertiser must also specify any limitations. Once the inventory subject to the offer or price reduction is exhausted, the promotion can no longer be advertised.

There are no specific laws that apply to automatic renewal/continuous service offers, although 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 the parties come to an agreement in respect of terminating the contract.

For example, if a marketer is hired to be in charge of a company’s marketing, social networks and other public media, the contract will be understood to be automatically renewed if there is no agreement between the parties with respect to (early) termination. Similarly, with respect to social media, if there is a clause (or any part of a clause) stating that parties agree to automatic renewal, charges for advertising will lawfully continue.

There are no specific rules in connection with the use of artificial intelligence to develop advertising content in El Salvador.

There are no special rules related to making claims that a product is developed through or powered by AI in El Salvador. However, virtual assistants are often used by telecommunications companies and banks.

There are no special rules related to the use of chatbots, although they are often used by telecommunications companies and banks.

There is a special Bitcoin Law in El Salvador since Bitcoin is a national currency. However, this law does not establish 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 exchange houses whose usual activity is the buying and selling of Bitcoin through an electronic platform or computer applications at the prices determined by market supply and demand.

Regarding the digital wallets for Bitcoin offered by the state, to guarantee that the general population have the opportunity to participate, banks must provide their services as exchange platforms in such a way that they do not generate commission for the end users of said wallets, in accordance with the regulations issued by the central reserve bank (Banco Central de Reserva de El Salvador; BCR) for this purpose.

There are no special regulations regarding advertisements within the metaverse in El Salvador.

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. In addition, the Advertisement Self-Regulation Code establishes regulations for advertisements of alcohol, drugs, food, beverages and tobacco. Cannabis use is not authorised in El Salvador.

Advertisements for food and non-alcoholic beverages should not mislead the consumer in any way, including with respect to physical and sensory characteristics of products such as flavour, size, content, nutrition and health benefits. In addition, such advertisements must not encourage or justify immoderate, excessive or compulsive eating or drinking or undermine the importance of a varied and balanced diet, or of a healthy and active lifestyle. Food products that are not meal substitutes must not be presented as such.

When advertisements for food and non-alcoholic beverages contain statements and terms referring to health or nutrition, such statements must be supported by adequate scientific evidence. Product comparisons related to nutrition and health must be objectively demonstrable and easily understandable.

No advertisement should promise a cure unless supported by evidence provided by individuals or ad hoc entities. The technical content of advertisements of regulated products must be endorsed by the relevant competent authority. In addition, advertisements should not offer advice regarding the treatment of a disease that requires the services of a professional, nor should they contain statements that may mislead the consumer regarding the composition, characteristics, indications or results of a medicine or treatment.

Advertisements for wines and spirits must guarantee responsible dissemination and not promote abusive consumption leading to undesirable behaviour contrary to the general interests of society.

Cigarette advertising, in line 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 towards minors;
• use misleading testimonials;
• appear during programmes for which the audience is mainly children; or
• in the case of outdoor advertising, (i) be placed in front of schools; (ii) promote the idea that the product is appropriate for minors; or (iii) use language, graphics and audiovisual resources 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 in El Salvador.

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