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The Importance and Regulation of Advertising in Mexico: Legal Perspective


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Introduction


Advertising plays a fundamental role in the global consumption landscape by influencing consumer decisions and shaping their purchasing habits. In Mexico, this practice is strictly regulated by the Federal Consumer Protection Law (LFPC), among other regulations, which establish clear guidelines to ensure truthfulness and transparency in advertising information.


At UPLAW Abogados | Attorneys-at-Law in Mexico City, we provide expert guidance on regulatory compliance and advertising ethics to ensure the success and legality of commercial campaigns in Mexico's dynamic market.


Legal Framework and Principles of Advertising Regulation in Mexico


The LFPC, specifically in Article 32, establishes the pillars of advertising regulation in Mexico. Advertising must be truthful, verifiable, and clear, without misleading or confusing consumers. This means that advertisements must be backed by objective evidence confirming the truthfulness of the products or services offered. Responsibility for advertising content lies jointly with the provider, advertiser or advertising agent, and the media that disseminates it.


Federal Consumer Protection Agency (PROFECO): Oversight and Enforcement


PROFECO is the authority responsible for supervising compliance with advertising regulations established in the LFPC. This institution has the power to impose precautionary measures, such as the immediate suspension of misleading advertising until its truthfulness is proven. Additionally, it can order the correction or cancellation of advertising that does not comply with legal principles, including imposing significant fines for serious violations. This reflects the seriousness with which unfair advertising practices are addressed in the country.


Specialized Health Regulation by COFEPRIS


In addition to the LFPC, the Federal Commission for Protection against Sanitary Risks (COFEPRIS) plays a crucial role in regulating advertising related to health products in Mexico. COFEPRIS ensures that advertising for medicines, dietary supplements, cosmetics, and medical devices complies with strict health standards and does not promote risky practices or misuse of products. Authorization for these advertising campaigns must adhere to specific regulations to protect public health and ensure the truthfulness of the information provided.


Mexican Official Standards (NOMs) and Other Relevant Provisions


In addition to PROFECO and COFEPRIS, NOMs and other regulatory provisions play a crucial role in advertising regulation in Mexico. NOMs regulate the quality and assessment of specific products, ensuring compliance with established standards before they are marketed in the country. For example, NOM-051 regulates the presence of characters and cartoons on food and non-alcoholic beverage packaging to protect younger consumers from misleading or harmful practices.


Challenges in the Digital Era: Privacy and Regulatory Compliance


The growth of digital advertising has presented new challenges in terms of personal data privacy and regulatory compliance. Companies must adhere to the Federal Law on Protection of Personal Data Held by Private Parties when collecting consumer information through digital means. This includes the need for updated Privacy Notices that clearly inform how collected data will be used, ensuring respect for individuals' privacy rights.


International Regulation of Influencers and Digital Advertising


In countries like the United States, the Federal Trade Commission (FTC) regulates the activities of influencers. The FTC has published "Disclosures 101 for influencers," offering guidelines to properly disclose commercial relationships with brands, available at this link.


Identifying Advertising on Digital Platforms


Any content recommending goods, products, or services on digital platforms or social networks constitutes advertising. This is crucial because it influences users' consumption decisions.


Regulation in Mexico and Labeling

According to the Federal Consumer Protection Law, any information about goods, products, or services disseminated on digital media is considered advertising. It is recommended to label posts with hashtags like #PaidAdvertisement, #Advertising, #PersonalOpinions, or #SponsoredBy to inform about commercial relationships with brands.


Advertising Requirements

Shared information must be accurate, verifiable, clear, and free of deception or abuse. It should include warnings about the safe use of products and services, as well as health and safety restrictions.


Additional Considerations

Even mentioning goods, products, or services at events or trips, or receiving non-monetary benefits and sharing these experiences on digital platforms, is considered advertising.

This regulatory framework aims to protect consumers by ensuring transparency and truthfulness in digital advertising, promoting ethical practices between influencers and brands.


Legal Foundations

To better understand current regulations in Mexico, it is essential to consult the following legal documents:


International Reference Provisions

For international context on influencer regulation and advertising, consult the following resources:


  • Disclosures 101 for influencers published by the FTC: Available here.

  • Industry guidance - International Consumer Protection and Enforcement Network: Information available here.

  • ICPEN-ORE-Guidelines for Digital Influencers: Guidelines available here.

  • Good Conduct Guide for Influencers and Content Creators from the Ministry of Economy, Finance and Digital Sovereignty, France: Accessible here.

  • Guide on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council on unfair commercial practices: Particularly relevant in section 4.2.6 for marketing through influencers, available here.


Conclusion: Ethics and Regulatory Compliance in Advertising

In conclusion, advertising regulation in Mexico not only protects consumers from unfair and deceptive business practices but also promotes transparency and fairness in the market. It is essential for companies and advertisers to understand and comply with these regulations to avoid severe penalties and maintain public trust. At UPLAW Abogados | Attorneys-at-Law in Mexico City, we offer expert guidance on regulatory compliance and advertising ethics to ensure the success and legality of commercial campaigns in Mexico's dynamic market.


Subscribe today to our newsletter and stay ahead in the legal field. 📚 Receive expert knowledge, practical tips, and updates on relevant legal developments directly in your inbox. Plus, as a special thank you for subscribing, enjoy a 10% discount on your next legal consultation with us. 💼💡

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