DO YOU ADVERTISE FOOD OR NON-ALCOHOLIC BEVERAGES THAT HAVE SEALS OR LEGENDS?

This is of interest to you, and even more so if you are an agency, brand, media outlet, or their advisor.

This week, the long-awaited Guidelines regulating the requirements for applying for permits from the competent authority to advertise food and beverages with the famous octagons and warning legends were published on the CONAMER website.

This is very relevant for the food and beverage industry, for the media, including cinemas, advertising brands and their agencies, because after they are published in the Official Gazette, a special procedure will have to be followed and, above all, fees will have to be paid to obtain the famous advertising permit. This will alter budgets and campaign timelines, so you will have to be attentive to its final version, which should be published relatively soon, as the 20-day period for interested parties to make comments is currently underway.

What's next? Both brands and agencies and media outlets will have to analyze the guidelines and, if necessary, review whether they require comments, either directly or through a college or association.

🚨Recommendations: Those who are affected by this publication should first evaluate whether or not to make comments, then wait for them to be published in the DOF, and based on that final version, evaluate whether or not to promote some type of constitutional defense, as there are quite a few areas of opportunity from the first reading, starting with a lack or excess of definitions in said document. For those who decide not to challenge, they will have to adapt their internal processes to allow more time in their campaigns; brands will have to talk to their agencies and, if necessary, even train them to face this new regulatory challenge and, if necessary, review that the procedures that are carried out before COFEPRIS are done correctly to avoid future contingencies. The media will now have to require advertisers to have their permits up to date and, in general, everyone will have to be attentive to the verifications that are sure to come from the authority. Of course, the best recommendation is to approach experts to guide them through this process, which will undoubtedly represent many challenges for the industry.

At ESCARTIN ABOGADOS, we are already developing protocols for our clients, assuming that this project will surely pass almost as it was published.

I share the link to the guidelines:

https://lnkd.in/gp-XZasy