Mexico City, July 29th, 2021.
On June 3rd, 2021, the Law of Transparency, Prevention and Elimination of Unlawful Practices in Advertising Services (hereinafter, the «Law») was published in the Federal Official Gazette.
The purpose of the Law is to promote transparency in the advertising market, as well as to prevent and eliminate commercial practices constituting an unlawful advantage in favor of certain parties to the detriment of advertisers and, indirectly, consumers.
We consider that the Law violates various fundamental rights established in the Mexican Constitution, as well as in various international treaties executed by Mexico.
Considering that the restrictions contained in the Law infringe constitutional provisions, filing an amparo action (constitutional trial) for violation of human rights is viable. The plaintiff who obtains a favorable resolution will not be required to comply with the provisions of the Law.
The Law enters into force on September 1st, 2021. According to article 17 section I of the Amparo Law, since it does not need to be executed by an authority to affect individuals, the deadline for filing the amparo action is 30 business days from the day the Law enters into force.
The attorneys of our administrative law practice remain at your disposal for any questions or comments in this regard.
S I N C E R E L Y,
Daniel Del Río