D ecree by which various provisions to the Regulations on Sanitary Control of Products and Services, and Regulations of the General Health Law on Advertising are modified and amended

On Thursday, September 8th, 2022, a Decree was published on the Federal Official Gazette (the “Gazette”) amending provisions of the (i) Regulations on Sanitary Control of Products and Services (the “Regulations on Sanitary Control”), and (ii) Regulations of the General Health Law on Advertising (the “Advertising Regulations”) (the “Decree”).

Amendments to both Regulations seek to harmonize the obligations and restrictions set forth in the amended NOM-051, regarding general labeling specifications for prepackaged food and non-alcoholic beverages, commercial, and health information (“NOM-051”).

Pursuant to the Transitory Provisions, the amendments to the Regulations on Sanitary Control will become effective as of the next day of the date of its publication on the Gazette. As for the amendments to the Advertising Regulations, they will become effective upon 180 calendar days as of the date of said publication. COFEPRIS shall have a 90-calendar day term to issue amendments to the Guidelines in connection with advertising of food and non-alcoholic beverages on electronic media.

Key Highlights

Regulations on Sanitary Control:

• Definitions to “critical nutrients”, “portion”, “prepacked or packed”, and “front labeling system”, are provided in similar terms to those included in NOM-051.

• Sets forth the obligation to include cautionary warning labels in products that are a potential health risk to consumers.

• Extends the powers of the Ministry of Health (the “MoH”) to require information concerning the nutritional specifications of products or components.

• Establishes the same obligations and restrictions for labeling of food and non-alcoholic beverages set forth in NOM-51: (i) obligation to include the frontal labeling system, (ii) prohibition of using children’s characters, animations, cartoons, celebrities, athletes, or pets, interactive elements, such as visual-spatial games or digital downloads aimed at children in the labeling, that incite, promote, or encourage consumption or purchase, (iii) empowers the MoH to establish portions (reference unit of measure), as well as to determine additives and ingredients that could represent a risk to health, particularly in products aimed at children, and (iv) limits recommendations or recognition from professional associations to products without seals of excess of critical nutrients.

Advertising Regulations:

• In the same terms as set forth in the Regulations on Sanitary Control, it restricts the use of recommendations from associations and advertisement concerning food and non-alcoholic beverages marketed to children that bear labels regarding excess of critical nutrients.

• The Decree sets forth the obligation to request an advertising permit from COFEPRIS for the advertising of food and non-alcoholic beverages on open television, restricted television, movie theaters, including internet, and other digital platforms, when the labeling of such products includes the front labeling system.