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Federal Law "On Advertising" N 38-FZ

The federal law "On Advertising" is set out in a new edition, which allows consistently disclosing the general requirements for advertising, determining the features of advertising distribution methods, highlighting the requirements for advertising of certain goods, aspects of advertising self-regulation, as well as state control over adherence to advertising legislation.

The list of concepts used in advertising legislation includes the concepts of "advertising object", "product", "social advertising", "antimonopoly authority".

In order to limit the dissemination of veiled advertising of goods that are prohibited or restricted for advertising, special requirements and restrictions in relation to advertising of certain goods also apply to advertising of means of individualization of such goods, their manufacturers and sellers.

An advertisement aimed at promoting a product is additionally classified as unfair advertising, for advertising of which special requirements or restrictions are established, if it is carried out under the guise of advertising of another product.

Federal law contains a ban on the use in advertising of links to the approval of the object of advertising by state or municipal authorities, or their officials.

For the first time, requirements were established for advertising of goods with remote methods of selling them, as well as advertising with the use of incentive measures.

The procedure for interrupting and combining radio and television programs with advertising has been changed, as well as the requirements for the volume of advertising on television and radio. The total duration of advertisements distributed in a television program (including such advertisements as TV shops), interruptions of a television program with advertisements, ad overlaying on a television program frame may not exceed 15% of the broadcast time within an hour. At the same time, advertising breaks cannot exceed 4 minutes. The previous version of the Federal Law established a restriction according to which advertising should not exceed more than 20% of the airtime (with the exception of specialized TV programs).

The requirements for advertising of weapons, weapons and military equipment, financial services and securities, alcoholic beverages, beer, tobacco and tobacco products have been clarified. The range of requirements for advertising of medicines, medical equipment, medical products and medical services has been significantly expanded. In particular, such advertising, addressed to an unlimited circle of consumers, should not contain images of medical workers giving recommendations for use, create the impression that it is unnecessary to consult a doctor.

The liability of an advertiser and an advertising distributor for violation of advertising legislation has been differentiated.