The Authority for Consumer Protection and Competition Defense (Acodeco) in Panama has issued a key reminder: offers in catalogs and supplements, whether in digital or printed format, are binding and must be honored by providers.
This implies the need to inform clearly and truthfully, without inducing error or confusion. Panamanian legislation establishes that all forms of advertising must adhere to the principles of objectivity and truthfulness. Advertising is considered binding, and the only valid exception occurs if the provider complies with what is stipulated in Law 45 of 2007, which requires the rectification of the advertisement through the same medium.
"Catalogs represent a significant advantage for consumers, allowing them to plan their purchases and compare prices, brands, and varieties from the comfort of their home or mobile device," the statement notes. "Its purpose is to prevent the consumer from being deceived regarding the characteristics of a product or the conditions for acquiring a service."
Requirements for Offers and Promotions
It is essential that consumers pay special attention to common clarifying phrases during periods of offers, promotions, and special sales, such as "while supplies last" or "for a limited time."
Article 64 of Law 45 of 2007, supplemented by Article 33 of Executive Decree 46 of 2009, imposes specific requirements on providers who carry out these actions. The provider is obliged to clearly inform the duration of the promotion or the minimum number of units available.
"Acodeco highlights that although in rare cases typographical errors in prices or product characteristics may appear in catalogs, this does not exempt the economic agent from the obligation to sell the consumer what has been offered."
Channels for Complaints and Necessary Evidence
Acodeco urges consumers affected by any irregularity in advertising announced in catalogs or supplements to present their cases. To facilitate the processes, it is recommended that those affected keep physical catalogs or take image captures as evidence of their claims. The Department of Advertising Veracity will carry out the corresponding investigation.
Advertising on Social Networks
Finally, the authority emphasizes that advertising disseminated through social networks must comply with all applicable regulatory requirements. Just like with catalogs, advertising messages on digital platforms are binding, must be subject to verification, and must be clear, understandable, and truthful.
If these provisions are not met, the company will be forced to sell the products or services offered to consumers who request them, until the end of the special sale is communicated through the same means of dissemination.
