What changed in the Mezcal Denomination of Origin in 2025?

24

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Oct

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2025

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Intellectual Property

24

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Oct

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2025

For everyone
Intellectual Property

What changed in the Mezcal Denomination of Origin in 2025?

The legal map of mezcal changed: “Taretan, Michoacán, joins the Denomination of Origin”.

Flavio Diego Ixtlahuac Rodriguez

Specialist in Intellectual Property

d.rodriguez@rmgsc.com

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A municipality of Michoacán is incorporated.

On September 24, 2025, an amendment was published to the General Declaration for the Protection of the Mezcal Denomination of Origin (DO), to incorporate a municipality in Michoacán. This change impacts local producers, brands, distributors and commercial actors, since it requires a review of contracts, labeling and origin strategies.

What is a Denomination of Origin?

A Denomination of Origin (DO) is a legal protection figure that recognizes that a specific product (such as mezcal) has specific characteristics linked to a specific geographical region, and whose techniques, inputs or reputation are inextricably associated with that territory. DOs impose strict requirements for their use: certification, surveillance and quality controls, all in order to guarantee the authenticity of the product.

Benefits and Obligations of a DO

Protection comes with both competitive advantages and legal responsibilities:

Benefits:

  • Protection against misuse and unfair competition.
  • Commercial differentiation and exclusivity.
  • Added value due to the prestige of the origin.
  • Trust and guarantee for consumers.

Obligations:

  • Undergo certification and conformity assessment processes
  • Strictly respect protected territorial boundaries.
  • Implement traceability controls.
  • Be subject to permanent surveillance by the authority.

What changed? (What's new in the DOF 24/09/25)

The resolution amending the General Declaration for the Protection of the Mezcal Denomination of Origin incorporates the municipality of Taretan, in the State of Michoacán, to the territory protected by the DO Mezcal.

Key facts of the modification:

  • Added municipality: Taretan, Michoacan.
  • Authority: The modification was managed before the Mexican Institute of Industrial Property (IMPI).
  • Justification: The publication details the motivating causes of the change: the producers in that area accredited that they were already making mezcal and met the required terroir and process characteristics, so their inclusion allows them to formally access markets under the protection of the DO.

Why does this change matter?

The expansion of the territory protected by the DO Mezcal has not only geographical implications, but also economic, legal and regulatory implications.

Each amendment to the General Declaration issued by the IMPI redefines who can legitimately use the name, under what conditions and with what responsibilities. This directly impacts the producers' rights, the legal security of trademarks, the regulatory compliance in labeling and the strategies of marketing and export.

In other words, it's an adjustment that transforms the legal map of Mexican mezcal: it extends rights to new producers, but it also raises the standard of compliance for the entire value chain.

Opportunities

  • Territorial recognition and access to regulated markets: Taretan producers obtain the right to use DO Mezcal, allowing them to market their product under a protected name nationally and internationally, expanding their export channels and strengthening their competitiveness compared to other distillates.
  • Legal and commercial value of authenticity: The inclusion of this municipality reinforces the link between the product and its geographical origin, providing greater legal certainty in terms of labeling, certification and surveillance, in accordance with the Federal Industrial Property Protection Act (LFPPI) and NOM-070-SCFI-2016.
  • Local and reputational economic development: The recognition encourages the formalization of artisanal producers and favors the attraction of investments for certified infrastructure, contributing to the positioning of Michoacán mezcal as a product with an identity and regulatory support.

Risks and Challenges

  • Misuse or unauthorized evocation: The use of the name “Mezcal” by producers or marketers located outside the protected territory may constitute an administrative offense in accordance with articles 402, 403 and 404 of the LFPPI. This includes evocative expressions or imitations that create confusion about the true origin of the product.
  • Regulatory sanctions and control measures: The IMPI and the competent certification authority may order the immobilization, insurance or recall of a product from the market, in addition to imposing fines or suspending the use of the name in case of non-compliance with the guidelines of the General Declaration of Protection and NOM-070-SCFI-2016.
  • Contractual and commercial impact: Companies that maintain distribution, export or licensing contracts linked to the DO should review their territory and regulatory compliance clauses. The lack of updating could result in conflicts due to non-compliance, loss of exclusivity or civil liability vis-à-vis partners and consumers.
  • Labeling and traceability surveillance: Any product that claims to be “Mezcal” must prove its origin and certification to the Conformity Assessment Body. The use of terms such as “artisanal” or “ancient” without technical or documentary support can be considered misleading and lead to sanctions by the PROPHECO.

Does your company produce, distribute or sell mezcal?

The recent change in the Denomination of Origin may require adjustments to your labels, brand registrations, distribution contracts or user licenses.

In Rodriguez, Manzano and Garcia, we help you to ensure that your business complies with current regulations and to avoid sanctions or commercial conflicts.

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