With the passing of Law No. 13,543/2017 (“Law”), which came into effect on December 20, 2017, the advertisement of products and services sold through e-commerce gained new regulation.
The new Law, sanctioned by President Michel Temer on December 19, 2017, changes the text of Law No. 10,962/2004, which established the fixation of prices of products and services destined for the consumer. As such, the new Law adds a new paragraph to its Article 2 that establishes the requirements to be adopted for the advertisement of products and services sold online. Consequently, e-commerce companies are obliged to clarify and make visible the prices to the consumer, showing in addition, the image of the product or the description of the service, which must be prepared with easily legible characters with font size equal to or larger than 12.
This is another measure designed to protect the consumer, aiming to adapt e-commerce to the provisions already provided for by consumer law. The new Law, therefore, functions as an extension of the Consumer Protection Code (Law No. 8,078/1990), which already provides in its Article 6, III, the consumer's right to proper and clear information of the different products and services advertised, with the correct specification of quantity, characteristics, composition, quality, incidental taxes and price, as well as any risks that may arise.
In essence, the new regulation guarantees greater consumer protection when making online purchases, which is of great benefit to the current Brazilian scenario, where e-commerce already represents a large share of the consumer market, reaching a turnover of more than BRL 21 billion in 2017 alone . It’s also important to highlight that non-compliance with the new Law's provisions could elicit the administrative sanctions set out in Article 56 of the Consumer Protection Code, of which penalties could include fines, prohibition of manufacture of the product, and suspension of the supply of products and services, among others.