Today September 8th, 2022, the Mexican President published in the Federal Official Gazette several amendments to the Regulation of the General Health Law to Control Products and Services (the “Health Control Regulation”) and the Regulation of the General Health Law in Advertising Matters (the “Advertising Regulation”).
The purpose of these amendments is to introduce at a regulation level, the warning labeling system for food products and nonalcoholic beverages that previously set forth in 2020 through the modification of Mexican Official Standard NOM-051-SCFI/SSA1-2020.
The amendments to the Health Control Regulation include the regulation of the new front labeling system, referring to the need to properly identify those products that may pose a mediate or immediate risk to the health of consumers. Likewise, it establishes new powers for health authorities to require information on the biological, chemical, physical and nutritional specifications.
The amendments to the Advertising Regulation include, among others, the need to obtain an advertising permit for the advertising of products that must include the warning labeling system in their front label; the permit must be obtained from the Federal Commission for the Protection against Sanitary Risks (COFEPRIS). Furthermore, it is also set forth that food products and nonalcoholic beverages displaying one or more warning sign in their front label cannot include in their advertising characters aimed at children, animations, cartoons, celebrities, athletes or pets, interactive elements such as visual-spatial games or digital downloads addressed to children that incite, promote or encourage either the purchase or choice of such products.
The amendments to the Health Control Regulation will enter into force tomorrow and the amendments to the Advertising Regulation will enter into force in 180 days.
If you need additional information regarding the contents of this document or if you need legal advisory, please contact the following persons:
Luis López Linaldi – Partner
luis.linaldi@s-l.mx
Phone: +52 55 50015409
Erendira Frías Valenzuela – Associate
erendira.frias@s-l.mx
Phone: +52 55 50620074 ext. 103