Brazil: CONAR announces new rules to combat greenwashing

18 Nov 2025    2 minute read
Sustainability Greenwashing Environmental Claims Advertising Regulation Socio-environmental Responsibility

In brief

The National Council for Advertising Self-Regulation (CONAR) approved a new wording for Article 36 of the Brazilian Advertising Self-Regulation Code, promoting the creation of "Section 10 - Environment and Communication of Socio-Environmental Aspects" and Annex "U," in order to establish specific parameters for advertising that uses claims of sustainability and socio-environmental responsibility. 

Contents

More details

On 24 October 2025, the CONAR approved important updates to Article 36 and Annex "U" of the Brazilian Code of Advertising Self-Regulation in order to curb "greenwashing" practices in advertising by product and service suppliers in Brazil. The new rules, which will come into force 30 days after publication, aim to strengthen transparency and accountability in communications involving sustainability, the environment, and socio-environmental aspects.

Among the main changes implemented, the following stand out:

  1. Article 36, which is part of Section 10 - Environment and Communication of Socio-Environmental Aspects, has been expanded to include relevant topics such as biodiversity, climate change, and waste disposal, reinforcing advertising's commitment to environmental protection in different dimensions. In addition, two new complementary rules have been introduced:
    1. Article 36-A: Encourages the use of positive attributes related to the environment and social responsibility in advertising, provided they comply with the principles of the Code and current legislation.
    2. Article 36-B: Defines essential guidelines for advertisements containing claims on sustainability and social and environmental responsibility, also guiding the appropriate use of technical terminology in this context.
  2. Annex "U" has undergone a complete revision, now including a preamble and definitions, which contributes to greater clarity and consistency in environmental claims, namely:
    1. Proof of environmental claims has become mandatory, requiring technical documentation or recognized certifications to support any such statement.
    2. The use of generic terms will only be permitted if the scope and limits of the claim made are clearly specified.
    3. With regard to climate change and waste, the new sections deal with emissions, carbon offsets, and waste management, requiring the indication of the life cycle of the product or corresponding system.
    4. As for environmental goals and commitments, advertisements must present defined deadlines, action plans, and verifiable sources, allowing the public to monitor the progress of the initiatives disclosed.

Thus, CONAR's new rules for advertising involving sustainability and social and environmental responsibility claims establish clearer and more specific criteria for environmental claims, requiring technical proof, greater transparency, and accuracy in the information disclosed.

* * * * *

Daniel Rocha, Legal Assistant, has contributed to this legal update.    

LOGO_TrenchRossiWatanabe_Brazil

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Contact Information
Renata C. Amaral
Partner
Sao Paulo
Read my Bio
renata.amaral@trenchrossi.com
Alexandre Salomão Jabra
Associate
Sao Paulo
Read my Bio
alexandre.jabra@trenchrossi.com

Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.