On February 14, 2014, several modifications on the Rules on Sanitary Control of Products and Services and on Advertising for Health Matters were published in the Federal Official Gazette. These modifications focus primarily on restrictions and controls to food and beverage advertising and their caloric content.
Based on these modifications, on April 14, 2014, the Guidelines for understanding the nutritional and advertising criteria that non-alcoholic food and beverage advertisers should observe to advertise their products in open and restricted television, and movie theaters, according the provisions of articles 22bis, 79 part X and 86 part VI, of the General Health Law and Regulations on advertising ("Advertising Guidelines") and the Agreement establishing the Guidelines issues in article 25bis of the Rules on Sanitary Control of Products and Services ("Labeling Restrictions") were published.
The Advertising Guidelines establish several requirements with which the advertising of certain types of food and beverages should comply to be shown in open and restricted television and in movie theaters, including schedules, audience, and notices and permits. In addition, the Labeling Restrictions establish new requirements to the marking and labeling of food and beverage products to show in a clearer manner their caloric content.
The most relevant points established in the Advertising Guidelines are:
The obligatory nature of these Guidelines for manufacturers, marketers, and advertisers of prepackaged food and non-alcoholic beverages. Nutritional criteria for several types of food and beverage, based on several product categories and subcategories, as well as the content of sodium, saturated fat, total sugar, and calories for the products. Restrictions on the types of products that can be advertised in open and restricted television and in movie theaters, which primarily relates to the hours in which advertisements may be shown, as well as the type of program during which the advertisement may be restricted or shown. Requirement to present notice of advertising of products subject to the Advertising Guidelines among which are name and taxpayer identification of the manufacturer, marketer, or advertiser, and brand name of the product to be advertised. Cases in which foods and beverages that do not comply with the corresponding requirements should request permission to advertise. Evidence showing a completed assessment of the audience,...