Was/now pricing: when it helps and when it becomes a lie
Photo: Avila Ops Tecnologia
“Was R$ 199, now R$ 149” helps when products genuinely sold at R$ 199 for a reasonable period and the reduction is real. It becomes a lie when the “was” never existed, was inflated just beforehand, or lasts forever. Article 37 of Brazil’s Consumer Protection Code treats this as misleading advertising, enforced by Procon.
The risk exceeds appearances. Procon complaints (or consumidor.gov.br complaints for registered companies) require replies, documents, and time. Customers discovering false reference prices never return.
What does the law require?
The Code prohibits deception, not discounts or was/now pricing. In practice:
- The “was” price must have applied. Prove you sold or at least offered products at that amount before the promotion.
- Clear information. Cash and installment prices, promotion duration, and conditions (Pix only, first purchase only) visible before checkout.
- An end date. Permanent discounts are prices, not discounts.
Law 10.962/2004 and Decree 5.903/2006 detail price disclosure including e-commerce: full cash price and installment count, amount, interest, and total. Keep store price histories; most platforms record them, and they answer Procon.
Where do most people go wrong?
| Error | How it happens | Why problematic |
|---|---|---|
| Invented “was” | New product entered with a reference price never applied | Unprovable; the definition of misleading advertising |
| Last-minute increase | Raise prices the preceding week to “lower” them for promotion | A few days’ price is no reference; Procon reviews history |
| Eternal promotion | Was/now stays unchanged for months | Becomes a false reference rather than a discount, subject to Article 37 enforcement |
A subtler error: highlighting “now” prices while hiding Pix-only conditions. If cards cost more, customers must see that before choosing products, not at checkout.
How do you offer helpful discounts?
Discounts work with reasons, deadlines, and calculations:
- Reason: end of collection, holiday, unsold stock, first purchase. Reasons give customers credibility and you an ending date.
- Duration: week, weekend, while the batch lasts. State it on product pages.
- Calculation: does the sale price cover costs, payment fees, absorbed shipping, and taxes? The guide to actual online-selling costs, adding everything, explains.
- Records: note full-price dates and promotion start and end. Dated screenshots help. Article 38 places proof of truthful information on advertisers.
To discount without altering listed prices, coupons work better, with their own rules: discount coupons: rules preventing losses.
What about supplier reference prices?
“Suggested price R$ 299, ours R$ 219” is common and allowed if the suggested amount exists and is identified. Write “manufacturer’s suggested price” rather than “was.” If manufacturers publish no suggestion, invent none.
What to do now
List every was/now product. Was the reference genuinely applied? Is there an ending date? Do the numbers work? Fix failures today by removing references or defining deadlines. For questions about store exposure, assessment is a conversation: avilaops.com/contato or contact us on WhatsApp: wa.me/5517997811471.
Frequently asked questions
Is was/now pricing prohibited?
No. Allowed with genuine reference prices and time-limited promotions. False references deceiving consumers are prohibited.
How long must full prices have applied?
The law sets no day count. Good faith is the criterion: weeks or months serve as references; prices raised the day before do not. Keep proof.
Can Pix and card prices differ?
Yes. Since 2017, law permits payment-method price differences if clearly disclosed before purchase. Show both side by side on product pages.
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