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México continues with amendments to the rules of labelling of products, now within the Health Law

On June 3, 2020, a draft of amendments to the General Health Law in the field of advertising was circulated by the Ministry of Economy and the National Commission of Regulatory Improvement (CONAMER).

These amendments were proposed following the approval of the new version of the Mexican Official Standard 051 for prepackaged food and non-alcoholic beverage products, which was published in the Official Gazette on March 27, 2020. Please see our News Letter No. 97.

These amendments mainly state the following:

  • The labels of products aimed at children must not contain elements that incite, promote or encourage their consumption, purchase or choice; nor make reference to other elements for the same purpose.

  • The advertising of prepackaged products whose labels include excessive calories, critical nutrients and other ingredients that represent a health risk in excessive consumption, must include the seals and legends established by the Official Mexican Standard 051, and must not include seals or legends recommended or recognized by professional organizations or associations.

  • In accordance with the cited Mexican Official Standard, the advertising of prepackaged products that include one or more warning seals or a legend of sweeteners on their labels, must not include children's characters, animations, cartoons, celebrities, athletes or pets, interactive elements, such as visual-special games or digital downloads, all of which are addressed to children, which encourage or promote the consumption, purchase or selection of such products.

As mentioned in previous newsletters, we consider that the amendments to NOM-051 and now, the amendments to the General Health Law pending approval, violate various Federal Laws and International Treaties to which Mexico is a party.

The deadline to file comments to this proposal expires on July 1st, 2020.

OLIVARES has already developed a legal strategy to respond to the approval of these modifications. Once these amendments enter into force or when they are applied prejudicially, it may be suitable to contest their constitutionality.

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.
Jaime Rodríguez

Jaime Rodríguez

Partner

Jaime Rodriguez joined OLIVARES in 2007 and became a partner in 2023. He has extensive experience in copyright, litigation, trademarks, unfair competition and domain name dispute resolution, and this versatility has allowed him to participate in a variety of relevant matters and cases pertaining to different areas of intellectual property.
Víctor Ramírez

Víctor Ramírez

Partner

Victor Ramírez is co-leader of OLIVARES’ trademark practice group, focusing chiefly on counseling, negotiating and prosecuting Industrial Property disputes (nullity, caducity and infringement proceedings) before the Mexican Patent and Trademark Office (IMPI).

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