Mexico City, August 23, 2023.
Yesterday, the Federal Agency of Consumer Affairs published the Advertising Guide for Influencers in the Official Gazette of the Federation.
This document is an explanation of what must be considered for advertising through them to comply with the provisions of Article 32 of the Federal Consumer Protection Law.
It contemplates essential information for companies that usually advertise their products with these people on social networks. It points out, for example, that advertising should be understood as any information shared as an influencer (regardless of age) to recommend a product or service through platforms or social networks, including collaborations or exchanges where they give invitations to trips, gifts, or some other benefit -even if not economic- and share their experiences.
While the rules only endorse what is established in the law in the sense that any information shared must be transparent, truthful, verifiable, and not contain misleading descriptions, and include safety warnings if applicable, it also contemplates specific issues such as:
- Use tags such as #PaidAdvertising or #PersonalOpinions to clarify to the consumer whether the influencer has a commercial relationship with the brand.
- Limit the opinion to the accurate and reliable experience with the product.
- Check whether the product to be discussed complies with the specific regulation for its publication.
Therefore, it is recommended that companies, brands, and media that work with influencers review their contracts and strictly comply with the provisions of the legislation on advertising and this guide to avoid sanctions from the Agency.
The lawyers of the Administrative and Litigation areas of the firm are at your service to attend to any matter related to the above.
Diana Rangel León
Pablo Chevez Gallegos
Ricardo Antonio Tagle Pastén