Advertising Permit, do you know it?

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2023

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Advertising Permit, do you know it?

Did you know that you need permission to advertise your products and services on the various social networks?

Pablo Esteban Chavez Garcia

Director of Administrative Law.

p.garcia@rmgsc.com

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Did you know that if you have a brand of alcoholic beverages, dietary supplements, medications, foods or even a beauty clinic, your advertising must be authorized?

That's right, don't think that you can be posting your products left and right on Instagram or Facebook, since if you do so without prior authorization, you could face severe penalties.

The person who must authorize your advertising, whether printed, on radio, television, internet, etc., is the COFEPRIS (Federal Commission for Protection against Health Risks), which it does through a advertising permission or, failing that, a advertising notice.1

Why should it be authorized?

Well, this is because COFEPRIS is the authority responsible for health surveillance and promotion at the federal level, that is, the one responsible for ensuring that the products and services that are on the market do not affect public health; therefore, it is the one that must verify that the information we receive, as consumers, is reliable, truthful and understandable.

Although it's not as easy as simply requesting authorization or giving notice of the advertising you want to share, but a lot of requirements must be met for it to be allowed, which depend on the product or service in question. This time we will focus on advertising for alcoholic beverages through digital media or social networks (one of our specialties by the way 😉).

Requirements for Advertising Alcoholic Beverages

In order for you to disseminate your advertising through these media, COFEPRIS must authorize what would be called the advertising project, which consists of the set of images and/or videos that make up your advertising, including their respective Caption or “copy” (descriptive text).

Some of the requirements that such an advertising project must meet are:

  • That the advertising is aimed at people over 18 years old of old age.
  • That within advertising The drink is not actually or apparently consumed.
  • Advertising must contain Legends of Protection, such as “Avoid excess”.
  • Advertising should not convey ideas of success, fame, prestige or joy as a result of the consumption of the beverage.
  • The announcement You will not be able to show anyone holding the container of the product.
  • Among many others.

As we can see, they are not just anything, so we must be very careful when deciding to start an advertising campaign or simply publish our products.

Consequences for Non-Compliance

Now, what happens if I ignore it and upload whatever I want? Well, to begin with, if COFEPRIS notices, it will order the immediate suspension of advertising, and depending on the violation and the product, you may face penalties ranging from $\ $207,480.00$ Until the $\ $829,920.00$ weights; obviously, depending on the number of violations and the seriousness.

So now you know, be very careful when advertising your products or services, we strongly recommend that you consult yourself to find out if they are subject to any particular regulation and if you should obtain any type of authorization.

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