When a Consumer Protection Association Oversteps Its Mission

Jul 8th '24

It is well known that in Colombia some of the regulations concerning consumer protection have been a little been excessive as they are transferring the parents duties to properly rise their children to the companies and the government.


For example, if a parent considers that a certain food is not good for their children, they can simply not buy it. However, what they have done is undertaking a campaign to force producers to label the products that are not good for children. Which does not replace the parental guidance but increases the costs of the production of the goods.


Now they are taking this approach to a whole new level, that would make it impossible to produce or reproduce any music video, series or movie in Colombia, closing the door to one of the most lucrative industries in Colombia and in the world, the entertainment industry.


This time, they are attacking a music video called EL RITMO QUE NOS UNE (the rhythm that unite us –www.youtube.com). The video was produced by the Colombian Soccer Federation, to give the soccer players and the fans a common song to cheer the Colombian soccer team at the American Cup. The video portraits some of the trademarks that sponsor the Colombian Soccer Team, including Gatorade, Betplay and Aguila.



Aguila is a trademark that identifies beer, Gatorade is a trademark that identifies an electrolyte drink and Betplay is a trademark that identifies gambling games by means of an app.


In the video, there is an image of the singer using the Betplay’s app. This is a video that does not include any children, and the action of the singer is not an active one, more looking than actually playing.


However, a league of consumers filed a claim against the video, arguing that it induces children to bet.


Alcohol, tobacco and gambling are regulated for advertisement purposes, nonetheless, this does not transfer to other types of communications, such as movies, videos or series. In fact, even when tobacco advertisement is prohibited, people can be shown smoking in movies, series and videos; even when alcohol advertisement is forbidden to show the actual consumption, videos, movies and series, usually show people drinking alcoholic beverages; and even when gambling advertisement is regulated, people can be shown gambling in series, videos and movies.


Thus, advertisement regulation does not extend beyond its actual scope. Moreover, showing a person drinking, gambling or smoking, does not necessarily induces children to drink, smoke and gamble. Specially, when the gambling platform only allows access to people over 18 years-old and requires proof of said fact.


Consequently, these leagues of consumers are torpedoing third party’s activities, that could put us in the dark ages once more, instead on focusing in teaching children good values.


Source: Global Advertising Lawyers Alliance (GALA). Reposted. By Triana Uribe & Michelsen Ltda


About GALA

GALA is an alliance of lawyers located throughout the world with expertise and experience in advertising, marketing and promotion law. GALA provides a worldwide resource to individuals and corporations interested in answers to questions and solutions to problems involving the complex legal issues affecting advertisers and marketers. GALA, a network of independent law firms, is neither licensed nor authorized to render legal services.


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