In the midst of discussions to regulate the betting market in Brazil, the Finance Ministry's general co-ordination of betting denounced Mrjack.Bet adverts to Conar for containing promises of certain winnings. The complaint pointed out the absence of two mandatory phrases: the warning clause about the impact of the activity and the age restriction warning.

In its defence, Mrjack.Bet said that it does not consider itself to be subject to Brazilian rules because it is based abroad. It considered, however, that if it were subject to national legislation, it would have to be given time to adapt to the new rules.

The company denied that there was any promise of certain winnings in the "Play and Win" statement, which was merely an incentive for consumers. It added that it has an internal advertising policy manual, which includes a warning clause and age restriction notices.

In her vote, the rapporteur of the case stated that it is indisputable that Mrjack.Bet is subject to the rules in force in the country, since it operates locally. She also pointed out that the company's behaviour was already disciplined by provisions even before the approval this year of Annex X of the Brazilian Advertising Self-Regulation Code. The document, which establishes rules for advertisers in the betting market in Brazil, had been under discussion since last August.

The rapporteur also pointed out that the phrases are quite emphatic in suggesting certainty of winning, without any mention of the risk and luck factor. She recommended that the adverts be amended to include the mandatory warnings and calls to action. The case is subject to appeal.