Brazil: Mercado Libre, Americanas and Magalu required to prove “fastest delivery” claims

RIO DE JANEIRO, BRAZIL – A Tuesday decision by the Council for the Self-Regulation of Advertising (CONAR) will compel three major online retailers, Magazine Luiza, Mercado Libre and Americanas to adjust their advertising claims that they have the fastest delivery in Brazil.

The process began in June, when CONAR analyzed a complaint from Mercado Libre regarding Americanas’ Black Friday 2020 ad on social networks in which the company claimed to have the fastest delivery.

According to Mercado Libre, the claim lacked “reliable support,” which could mislead customers.

Along with the complaint, Mercado Libre attached a survey showing that it had the fastest delivery in Brazil. In its defense, Americanas claimed that it is the only company that commits to deliver products in less than 3 hours, which would be “an objective and indisputable fact.”

The body’s counselors agreed that Americanas offered the fastest delivery in certain Brazilian locations at the time, and that was all the company could claim.

Both Mercado Libre and Magazine Luiza, which also claimed to have the fastest delivery in Brazil, appealed the decision. In a hearing last Tuesday, the appeals were rejected.

In a statement, Magazine Luiza said it was authorized by CONAR to state that it has the fastest delivery in Brazil provided it indicates the methodology of the research supporting the claim, as, it points out, is the company’s practice.

“Magalu works with robust research that confirms our efficiency and agility in deliveries. The use of the expression “Fastest Delivery in Brazil” by Magalu, as recognized by CONAR, is supported by independent research, updated periodically. This research considers the delivery times of 8 companies in the sector, in 45 cities – among capitals and cities in the interior – and more than 3,500 products from 48 different categories,” the note reads.

Also in a statement, Americanas emphasized that CONAR’s decision related to last year’s Black Friday campaign and that the agency “recognized that Americanas offered the fastest delivery in eligible products and locations.”

Mercado Libre reported that CONAR decided that it would be possible for the company to claim to have the “fastest shipping in Brazil,” provided that it disclosed the methodology with “clarity and veracity.”

“This means mentioning the criteria of the independent study conducted by an external consultancy, at Mercado Libre’s request, in August and September 2021,” it said.

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