REGULATION OF HEALTH-RELATED ADVERTISING IN MEXICO

Health-related advertising in Mexico is subject to a regulatory framework that seeks to balance commercial freedom with the protection of public health. This balance is essential to ensure that advertising messages are truthful, not misleading, and do not pose risks to the population, especially vulnerable groups.

Legal Framework

The General Health Law (LGS) establishes, in its Thirteenth Title, Sole Chapter, the guidelines for the regulation of health-related advertising. Article 300 grants the Ministry of Health the authority to authorize advertising related to health, treatment of diseases, rehabilitation, the practice of health-related disciplines, and related products and services.

The Federal Commission for the Protection against Sanitary Risks (COFEPRIS) is the entity responsible for implementing and supervising these provisions. Through its Executive Subdirectorate of Advertising Authorization, COFEPRIS issues criteria and technical guidelines for the authorization of advertising for health-related products and services.

The LGS establishes in Article 306 that health-related advertising must meet the following requirements:

• Verifiability: Information on quality, origin, purity, preservation, nutritional properties, and benefits of use must be verifiable.

• Educational Content: The message must have a guiding and educational focus.

• Correspondence with the Health Authorization: The elements of the message must match the characteristics approved in the respective health authorization.

• No Induction of Harmful Behaviors: The message must not induce practices or habits that pose a risk to physical or mental health, especially in vulnerable groups.

• Compliance with Legal Provisions: The message must adhere to applicable legal provisions regarding disease prevention, treatment, or rehabilitation. Furthermore, the Regulations of the General Health Law on Advertising establish that advertising must not mislead, conceal necessary contraindications, exaggerate product characteristics or properties, or establish misleading comparisons between products.

Advertising of Specific Products

• Medicines and Herbal Remedies: Advertising directed at the general population is only permitted for over-the-counter medicines and herbal remedies. These messages must include statements such as “Consult your doctor” and other warnings determined by the Ministry of Health. Advertising directed at health professionals must be limited to the bases approved in the authorization of these products.

Advertising of medicines and herbal remedies directed at the general population will not be authorized when:

o It be presented as a definitive solution for the preventive, curative, or rehabilitative treatment of a specific disease;

o Indicates or suggests their use in relation to symptoms other than those expressed in the product’s health authorization;

o Alters the dosage information authorized by the Ministry;

o Promotes their consumption through raffles, contests, collectibles, or other events involving chance;

o Promotes consumption by offering any other product or service in exchange;

o Uses statements or testimonials that may confuse the public or are not properly substantiated;

o Employs caricature techniques that may confuse and induce minors to consume the products; and

o Omits the legends “Consult your doctor” and expresses the corresponding precaution when the use of the medications represents a danger in the presence of any coexisting clinical or pathological condition. 

• Food and Beverages: Advertising for food and non-alcoholic beverages must not induce unhealthy eating habits or attribute a higher value to the products than they actually possess. Furthermore, it must include messages that promote a balanced diet.

Furthermore, advertising for food, dietary supplements, and non-alcoholic beverages must not:

o Claim that the product alone meets human nutritional requirements;

o Make comparisons that undermine the properties of natural foods;

o Express or suggest, through real or fictional characters, that the consumption of these products provides people with extraordinary characteristics or abilities;

o Be directly or indirectly associated with the consumption of alcoholic beverages or tobacco; and

o Declare properties that cannot be proven, or that the products are useful for preventing, alleviating, treating, or curing a disease, disorder, or physiological state.

• Alcoholic Beverages: Advertising for alcoholic beverages must limit itself to providing information about their characteristics and quality. It is prohibited to associate them with well-being, health, civic or religious celebrations, success in love life and sexuality, social prestige, virility or femininity, creative activities, sports, home, or work.

Influencer Advertising in Health Matters

The Advertising Advisory Council of COFEPRIS developed the “Guide to the Roles and Responsibilities of Influencer Advertising” to raise awareness among participants in the advertising chain and to help them make decisions about the advertising of products and services disseminated in the media.

When the content of a video, commercial, live, spot and the words of a person encourage the purchase, consumption or use of a product or service, advertising by influence is being generated, although with a different scope of monitoring and responsibility.

• Roles and responsibilities on advertising chain

Responsibilities of the advertiser and advertising agency

Subject to Surveillance 

When advertising a product or service, the following should be considered:

• Always identify the target group to which the advertising of the product and/or service is directed.

• Avoid attributing healing, rehabilitative, nutritional, or stimulating qualities that do not correspond to its function or use; that is, do not exaggerate the characteristics or properties.

• Always inform yourself about the quality, origin, purity, conservation, nutritional and healing properties, as well as the benefits of use or consumption of the product and/or services being advertised.

• Mention the necessary precautions/instructions for use, when trying to warn the consumer about risks that the product and/or service represents.

• Try not to mention that the products are useful for preventing, alleviating, treating or curing a disease, disorder or physiological state.

• Avoid stating that the use or consumption of a product or service changes people’s behavior or appearance, or that it is a determining factor in their physical, intellectual or sexual well-being.

Prohibition on advertising for vapes and similar products, such as e-cigarettes.

This prohibition is based on the Decree prohibiting the circulation and marketing within the Mexican Republic, regardless of their origin, of electronic nicotine delivery systems, similar systems without nicotine, alternative nicotine delivery systems, e-cigarettes, and vaporizing devices with similar uses, as well as the solutions and mixtures used in such systems.

Finally, anyone can report a complaint to COFEPRIS and provide information that allows them to identify the event, act, or omission that, in their opinion, poses a risk or causes harm to the public’s health.

Sanctions

COFEPRIS conducts operations and issues health alerts to monitor advertising related to health issues. For example, in 2025, the commission issued an alert against the illegal sale of cannabidiol (CBD) products that did not have the necessary health authorizations, posing a risk to public health. El País

Penalties for violating advertising provisions may include fines, suspension of advertising, product recalls, and other corrective measures.

Challenges and Progress

Despite the established regulatory framework, challenges persist in regulating health advertising, especially on digital platforms and social media, where messages can reach a wide and diverse audience without adequate oversight. Furthermore, the rapid evolution of advertising technologies and strategies requires constant regulatory updates to address new risks and situations.

In response to these challenges, COFEPRIS has promoted self-regulation and collaboration with the industry to develop technical guidelines that support advertising ethics and social responsibility, in order to prevent fraud and risks from exposure to misleading advertising.

Conclusion

Regulation of health advertising in Mexico is essential to protect the population from misleading or risky information. Through a clear regulatory framework and oversight by authorities such as COFEPRIS, we seek to ensure that health advertising is truthful, ethical, and does not pose a danger to public health. It is essential that both advertisers and consumers be informed about current legal provisions to contribute to a safer and more responsible advertising environment.

REFERENCE

1. https://elpais.com/mexico/2025-02-19/las-claves-de-la-alerta-de-cofepris-contra-la-venta-ilegal-de-productos-con-cbd.html?utm_source=chatgpt.com
2. https://www.gob.mx/cofepris/articulos/consejo-consultivo-de-publicidad-lanza-grrupi-guia-para-influencers-en-difusion-responsable-de-salud
3. Ley General de Salud
4. Reglamento de la Ley General de Salud en Materia de Publicidad

Janett Lumbreras

jlumbreras@uhthoff.com.mx