The National Council for Advertising Self-Regulation (Conar) has established a new framework for advertising in Brazil that include appeals to sustainability, preservation, and environmental protection. Through a significant update to its code, the Council seeks to more strictly curb greenwashing\u2014understood as the use of false or misleading environmental claims, lacking evidence, which mislead the public and create an unfounded image of environmental responsibility.<\/p>\n
Approved on October 24, 2025, and published on October 27, the reform amends Article 36 and Annex \u201cU\u201d of the Brazilian Code of Advertising Self-Regulation (C\u00f3digo Brasileiro de Autorregulamenta\u00e7\u00e3o Publicit\u00e1ria –\u00a0<\/em>CBAP) and will take effect 30 days after publication.<\/p>\n The updates do not create new legal obligations but rather strengthen the ethics, clarity, and accountability of socio-environmental messages. Developed by a working group composed of representatives from Conar, the UN Global Compact \u2013 Brazil Network, and subject-matter experts, the reform draws on the International Chamber of Commerce (ICC) Advertising and Marketing Communications Code and international best practices.<\/p>\n Comparative Analysis of the Amendments: Article 36<\/strong><\/p>\n With its reformulation, Article 36\u2014previously consisting of only a heading and a single paragraph\u2014has been divided into several new provisions, summarized as follows:<\/p>\n In practice, Article 36-A authorizes and encourages sustainability communication, while Article 36-B defines how it must be conducted responsibly: each campaign must substantiate its claims, explain the scope of the environmental benefit, use precise language, and disclose the data sources that support the message.<\/p>\n Annex \u201cU\u201d: What Has Really Changed<\/strong><\/p>\n As part of this structural revision, Conar has also overhauled Annex \u201cU\u201d, which regulates advertising containing socio-environmental claims. The new version transforms the Annex into a technical and binding document in accordance with Article 36-B, establishing definitions, principles, and rules that govern sustainability communication.<\/p>\n Its most notable innovation is the replacement of the absolute prohibition on generic claims with a requirement for clear and verifiable qualifiers. Terms such as\u00a0\u201ceco-friendly\u201d<\/em>\u00a0and\u00a0\u201csustainable\u201d<\/em>\u00a0are now permitted, provided they are supported by factual data and include explanations regarding their scope.<\/p>\n The revised text also introduces new definitions\u2014such as \u201csocio-environmental claim,\u201d \u201cqualification,\u201d and \u201clife cycle\u201d\u2014and reinforces the principles of truthfulness, concreteness, and pertinence. Future goals must be based on public and verifiable plans, and mere legal compliance can no longer be presented as an environmental benefit.<\/p>\n These changes make the rules more specific and enforceable. Key highlights include:<\/p>\n Practical Implications<\/strong><\/p>\n The new regulation affects advertisers, agencies, and companies that communicate sustainability and ESG (Environmental, Social and Governance) initiatives. Existing campaigns using terms such as\u00a0\u201cgreen,\u201d \u201ceco,\u201d<\/em>\u00a0or\u00a0\u201csustainable\u201d<\/em>\u00a0should be reviewed to ensure proper substantiation. For new campaigns, every environmental claim must be supported by verifiable data and expressed in clear, qualified language, in accordance with Article 36-B and Annex \u201cU.\u201d<\/p>\n The most immediate risk is reputational damage. In addition, greenwashing may now be considered unfair competition, potentially exposing companies to judicial or administrative disputes, which can undermine credibility across the sector.<\/p>\n\n
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