One week before the change in Mexico’s presidential administration—and in the midst of rumors that the Federal Commission against Sanitary Risks (COFEPRIS) will cease to exist as an autonomous agency and will instead be merged with the Central Ministry of Health—COFEPRIS has approved the first products containing a cannabis-related substance, which include cosmetics, dietary supplements, food, and beverages.

These approvals followed the guidelines issued on October 30, 2018, to establish the criteria for the appraisal of applications of authorizations for the commercialization, exploitation, and importation of products with broad industrial uses that contain cannabis and its derivative in concentrations less than 1% of tetrahydrocannabinol (THC). (For further reference please see our newsletter No. 62 | NOV 2018, released on November 12, 2018 and available on Olivares’ website: http://www.olivares.mx

The short time in which these approvals were issued is surprising. COFEPRIS may want to emphasize how quickly cannabis-related approvals will be issued going forward, or the agency may have been in a rush due to the change in administration; more than likely, it is the latter explanation.

There is also a bill presently under discussion in Congress that appears to include more detailed provisions and broader criteria concerning the use of cannabis in medicinal and other products.

After many years of discussion around making some uses of cannabis legal, the approval of products containing cannabis has become a reality. The rapid developments in this area will therefore continue to be monitored by Olivares partners and associates.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm´s IP Litigation, Regulatory and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas

Armando Arenas

Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.

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