On September 8th, 2022, a decree amending the General Health Law Advertising Regulation, was published in the Mexican Official Gazette (hereinafter, the “Decree”), which will enter into force on March 7th, 2023.
According to the Decree, the Ministry of Health (hereinafter, the “Ministry”) had a 90 days-term from its publication in the Gazette to issue and publish guidelines establishing the requirements and procedures that must be met to obtain the permit to advertise non-alcoholic food and beverages on television, restricted television, cinema exhibition rooms, internet, and other digital platforms.
It is important to highlight that the amendments to the General Health Law Advertising Regulation use the Front Labeling System for food and non-alcoholic beverages contained in the Official Mexican Standard NOM-051-SCFI/SSA1-2010 (hereinafter, “NOM 051”) as a parameter for determining whether a product will be subject to restrictions in its advertising activities.
Among the main advertising modifications, the Decree establishes that advertising for food and non-alcoholic beverages that include one or more seals and/or elements of the Front Labeling System should not include children’s characters, animations, cartoons, celebrities, athletes, pets, or interactive elements such as visual-spatial games or digital downloads, aimed at girls and/or boys that incite, promote, or encourage the consumption, purchase, or choice of such products.
Likewise, the Decree establishes that advertising for food and non-alcoholic beverages whose label employs an element of the Front Labeling System, which is carried out on television, restricted television, cinema exhibition rooms, internet, and other digital platforms, as well as to promote their use, sale, or consumption directly or indirectly, will require an advertising permit.
Additionally, advertising cannot use elements that indicate they have been recommended by professional organizations or associations when carried out on food and non-alcoholic beverages that, according to NOM 051, must include one or more seals for excess energy or critical nutrients.
Finally, it is important to mention that the industry is currently facing an uncertain scenario because the guidelines establishing the requirements and procedures for advertising non-alcoholic food and beverages have not yet been published, despite the deadline was on January 18th, 2023. This situation will be even more complicated to be faced by the industry since the General Health Law Advertising Regulation will come into force on March 7th, 2023.
Although the industry has the possibility to initiate a legal proceeding against the health authority for not meeting its obligation to publish the guidelines by the deadline, it is advisable to continue to be aware of any updates that may be issued by the Ministry, as well as the publication of the guidelines and, once issued, to consider their content and scope regarding permits related to advertising and their corresponding specifications.
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
Alan Osorio Aragón – Associate
ALAN.OSORIO@S-L.MX
Phone: +52 55 50620074
Fernanda Romero Ojeda – Associate
FERNANDA.ROMERO@S-L.MX
Phone: +52 55 89473212