Advertising permission, do you know it?

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Advertising permission, do you know it?

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

Pablo Esteban Chávez 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 Cofepris, a.k.a. Federal Commission for Protection against Health Risks, which it does through a advertising permission or else, advertising notice. 

But why should it be authorized? Well, this is because Cofepris is the authority responsible for surveillance and health promotion at the federal level, that is, the one who ensures that the products and services available on the market do not affect public health; therefore, it is the one who must verify that the information that we receive, as consumers, is reliable, true and understandable.

Although it is not as easy as simply requesting authorization or giving you notice of the advertising you want to share, but many 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 alcoholic beverages through digital media, or social networks (one of our specialties by the way, wink, wink).

In order for you to disseminate your advertising through these means, 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”.

Some of the requirements that this advertising project must meet are:

  • That advertising is aimed at people over 18 years of age.
  • That within the advertising the drink is not actually or apparently consumed.
  • Advertising should contain protective captions, 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 advertisement may not show anyone holding the product container.
  • 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.

Now, what happens if I ignore it and upload whatever I want? Well, to begin with, if Cofepris realizes this, it will order you to immediately suspend advertising, and depending on the violation and the product, you may face penalties ranging from $207,480.00 to $829,920.00 pesos; obviously depending on the number of violations and the seriousness.

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

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