Brazil Updates the Rules for Sustainable Advertising

By Patrícia Carvalho da Rocha Porto, Academic Coordinator at the Instituto Dannemann Siemsen

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—understood as the use of false or misleading environmental claims, lacking evidence, which mislead the public and create an unfounded image of environmental responsibility.

Approved on October 24, 2025, and published on October 27, the reform amends Article 36 and Annex “U” of the Brazilian Code of Advertising Self-Regulation (Código Brasileiro de Autorregulamentação Publicitária - CBAP) and will take effect 30 days after publication.

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 – 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.

Comparative Analysis of the Amendments: Article 36

With its reformulation, Article 36—previously consisting of only a heading and a single paragraph—has been divided into several new provisions, summarized as follows:

• Article 36: Establishes that advertising must reflect human concerns for quality of life, the environment, biodiversity, and climate change. It prohibits advertisements that promote pollution, environmental degradation or destruction, waste, improper waste disposal, or any environmentally harmful behavior—reinforcing the importance of environmental ethics in advertising communication.
• Article 36-A: Encourages campaigns that promote positive sustainability practices, provided they comply with applicable principles and legislation, and ensure that claims are accurate and avoid greenwashing.
• Article 36-B: States that all advertising containing socio-environmental claims must comply with Annex “U” and observe six guiding principles: truthfulness, qualification, accuracy, pertinence, relevance, and concreteness. Information must be truthful, precise, meaningful, and verifiable. Furthermore, broad or generic claims are now permitted, provided they are supported by robust evidence.
• Sole Paragraph: Requires that technical, scientific, or legal terms be used correctly, in line with established definitions, without misleading the public, and in a way that is clear and appropriate for the target audience.

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.

Annex “U”: What Has Really Changed

As part of this structural revision, Conar has also overhauled Annex “U”, 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.

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 “eco-friendly” and “sustainable” are now permitted, provided they are supported by factual data and include explanations regarding their scope.

The revised text also introduces new definitions—such as “socio-environmental claim,” “qualification,” and “life cycle”—and 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.

These changes make the rules more specific and enforceable. Key highlights include:

• Replacement of the absolute prohibition: Generic claims must include qualifiers and a factual basis. Example: “Sustainable product” → “Sustainable product (packaging made with 75% recycled material).”
• Technical substantiation: Every statement must rely on verifiable data and recognized certifications. Example: “100% renewable energy, certified by I-REC.”
• Specific guidelines: For climate-related claims, the type of action must be indicated (e.g., “emissions offset through reforestation”); for waste, the relevant attribute must be specified (e.g., “industrially compostable packaging”).
• Transparency in targets: Future commitments must be supported by accessible implementation plans. Example: “Carbon neutral by 2035 — progress available on our website.”

Practical Implications

The new regulation affects advertisers, agencies, and companies that communicate sustainability and ESG (Environmental, Social and Governance) initiatives. Existing campaigns using terms such as “green,” “eco,” or “sustainable” should 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 “U.”

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.