LESSONS FOR COMPANIES (AND THEIR ADVISORS) FROM THE MAY CONSUMER MAGAZINE:

• PROFECO permanently monitors #Ecommerce sites. Be aware, it not only monitors the most famous and visited ones but also those that receive consumer complaints regarding consumer issues or #advertising, so be careful. Remember that #PROFECO has the authority to review even #dataprotection issues when reviewing your Privacy Notice and other basic aspects such as having contact information for complaints or claims, ensuring products or services are well detailed, including complete and itemized costs and expenses, etc.

  
  

  

  
  

• Remember that there is a public registry of consumers who do NOT wish to receive advertising, and if your company or its #advertisingagency sends #advertising to people on these lists without their authorization, they may face legal proceedings for violations that can result in fines of millions of pesos, so it's best to be aware of it and avoid fines that could later be charged as tax credits.

  
  

  

  

  
  

• Remember that if any of your products have a defect, you must issue recall notices or alerts to avoid fines and legal proceedings for violations. These involve a whole process, so understand the procedure and apply it when necessary under your principles of social responsibility and ethical business practices. #recalls.

  
  

• Remember that every month there are sectorial reviews, meaning reviews of various product categories where the most representative products in the sector are randomly checked. So, if you think it will never happen to you, consider it like a tax audit: it might never happen, but it's always better to be prepared. These reviews typically examine the product's #labeling, compliance with the applicable #NOM (Official Mexican Standard), #netweight, product composition, and whether it truly contains what the label claims, and finally, the #advertising and commercial claims or #claims it includes, in addition to images and other advertising material. Ultimately, authorities even provide brand recommendations and which ones to buy, so it can have a direct impact on consumption and your brand's #reputation.

  
  

  

  
  

• Remember that these risks must be included in your #compliance programs as part of your risk map. If you haven't done so or haven't updated it, you must do it.

  
  

  

  
  

  ESCARTIN ABOGADOS

  
  

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