On his blog, Bruno Fagali recently wrote about the legality surrounding retail businesses putting their names and logos on the shopping bags that they provide to their customers. The law says that if you charge for the bag you can’t have your name and logo on the shopping bag, he says. However, if you give these shopping bags away free of charge than the law states that you can have your name and/or logo on it, Bruno Fagali says. He cites an article in the Consumer Defense Code to show the applicable federal law that defines this subject.
Many grocery stores, for example, charge a fee to customers for taking one of their shopping bags. Bruno Fagali says that they can’t then turn around and charge for the bag because it basically has advertising on the bag. This means that the customer is out in the public essentially advertising for the grocery store and under Brazilian federal law that is illegal. This applies whether it’s just the logo, the name of the grocery store, or both.
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Bruno Fagali says that under the Consumer Protection Code shoppers are protected against advertising that is misleading or abusive in nature. He says that advertising needs to be identified when it is used. He also said that the code says that consumers should neither get an excessive advantage from being part of a business advertising itself nor should they be put into a situation where they are disadvantaged. Bruno Fagali says that this means that it really is too much to expect a client to buy a bag with advertising on it and then provide free advertising for a company.
Bruno Fagali is a Brazilian attorney at law who has his own legal practice, Fagali Advocacia. On the website for his business he has a blog where he explores different legal issues so that people are better informed about the law. He has many legal specialties which include among them compliance, anti-corruption, ethics, urban law, and regulatory law. He has been practicing the law for 12 years and has earned many legal certifications by attending law universities in Sao Paulo.
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