When it comes to advertising products or services that may impact public health, it is essential to ensure that the advertisement complies with current health regulations. In Mexico, the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) is the authority responsible for granting advertising permits for certain specific products and services.
Below, we explain when this procedure must be carried out, which products are subject to regulation, and the key legal foundations you should be aware of.
Why Do You Need to Obtain a Permit from COFEPRIS?
Obtaining a permit from COFEPRIS is an essential requirement to ensure that your product or service complies with applicable health regulations and does not pose a risk to public health.
This permit is intended to protect consumers by ensuring that advertising content is truthful, clear, and evidence-based, and that the products or services being promoted have been properly evaluated. In addition to being a legal obligation, fulfilling this requirement helps strengthen trust in your brand, avoid sanctions, and demonstrate a strong commitment to public health responsibility and business ethics.
What type of advertising requires a COFEPRIS permit?
You must apply for an Advertising Permit if you wish to publicly promote any of the following products or services:
- Health services (except when provided individually)
- Dietary supplements
- Alcoholic beverages
- Medications and herbal remedies
- Medical devices, prostheses, orthotics, functional aids, diagnostic agents, dental supplies, surgical and healing materials, and hygiene products
- Physical beautification services and procedures
- Pesticides (when promoted to the public and not presented as technical information)
- Plant nutrients with toxic characteristics according to Official Standards
- Toxic or hazardous substances subject to sanitary control
If the above products are used as raw materials or are not promoted with specific claims (e.g., pest control), they do not require a permit. Likewise, the regulation applies only when the advertising is directed at the general public.
When should the procedure be carried out?
The permit must be obtained before disseminating any advertising material (print, digital, radio, television, etc.) that promotes products or services subject to sanitary control.
This procedure is primarily regulated by the Regulation of the General Health Law on Advertising, specifically Articles 74, 79, 80, 82, 106, and 107, as well as by the General Health Law, particularly Article 301.
If you’re planning to launch an advertising campaign involving health, supplements, cosmetics, or other regulated products, make sure to verify whether you need a permit from COFEPRIS. Advertising without this authorization can result in penalties and damage your brand’s reputation. To ensure full regulatory compliance, it is highly advisable to seek specialized legal counsel in health and regulatory matters.
For more information in relation to the present sommunication or any other matter, do not hesitate to contact our Legal Team.
