New guidelines establishing the requirements and procedures that must be observed to obtain permission to advertise prepackaged food and non-alcoholic beverages.

March 31, 2025

Following our newsletter dated March 31, 2020 “The new Mexican Official Standard for the labelling of pre-packaged food and non-alcoholic beverages” and other newsletters regarding labelling of products, after five years of the publication of this Mexican Official Standard, on March 11, 2025, the Guidelines regarding advertising of prepackaged food and non-alcoholic beverages were published in the Official Gazette and entered into force on March 12, 2025.

These Guidelines appear to now restrict the advertising of these types of products, imposing advertisers, advertising agencies and media, the obligation to obtain a permit/approval for advertising the products on open television, restricted television, movie theaters, internet and other digital platforms.

Any product is subject to approval by the Federal Comision Against Sanitary Risks (COFEPRIS) when their label includes one or more warning seals of the front labeling system.

The main restrictions, among others, are the following:

• It is forbidden to use animated characters, pets or interactive games directed at children to promote the consumption of the products.
• To compare the products with natural ones.
• To compare with similar products regarding their composition or nutritional contents.
• To suggest physical or intellectual abilities from its consumption.
• To promote excessive consumption of the product.
• To suggest that the products may modify body proportions.

The requirements for obtaining the permit/approval to advertise the products are to fill in a format, pay government fees and attach the “operation notice” (authorization) of the product.

Once submitted the application, COFEPRIS has a term of 20 working days to approve the advertisement and/or 10 days to issue a requirement. Applicant has a term of 5 days to reply or else, the approval will be dismissed.

Although, we consider all these requirements to be an unnecessary burden to the industry, this Guidelines provide definitions of terms such as, “pets”, “celebrities”, “children’s characters”, “digital downloads”, “cartoons” and “indirect advertising”, that were missing in the Mexican Official Standard for the labelling of pre-packaged food and non-alcoholic beverages.