Mexico City, January 29th, 2021.
On January 27th, 2021, the Federal Consumer Prosecutor’s Office (“PROFECO” for its acronym in Spanish) published in the Federal Official Gazette, Accord establishing the Guidelines for the registration and recognition of professional organizations or associations that can issue recommendation stamps or legends for prepackaged foods and soft beverages (hereinafter “Guidelines”). The Guidelines will become effective January 28th, 2021.
In accordance with the Guidelines, professional organizations or associations that wish to issue stamps or legends of recommendation for prepackaged foods or soft beverages must request their registration with PROFECO (hereinafter «Registration»).
To obtain the Registration, the professional organizations or associations must submit their application, in the formats that PROFECO shall issue for such purposes, together with the studies, certifications, recognitions and authorizations that accredit the professional prestige and academic quality of the organization or association. At least three documentary supports must be presented.
In the event that PROFECO resolves the Registration request in a positive sense, it will issue the respective certificate in favor of the organization or association. The holder of a Registration must renew it annually.
PROFECO will have a legal period of 20 business days to resolve on the Registration request. In the event that it does not issue a response within the indicated period, it will be understood that it has been resolved in a negative sense.
The Registration will be canceled in any of the following cases:
- When the holder of the Registration requests so.
- When the holder of the Registration does not submit the renewal request within the established period, for which it will be understood that it continues to issue recommendation stamps or legends, endorsing, approving, recommending, or certifying prepackaged products without having a registration in force, and
- When the owner of the Registration issues recommendation stamps or legends endorsing, approving, recommending, or certifying prepackaged products, without having observed the provisions of the fourth paragraph of article 32 of the Federal Consumer Protection Law[1], as well as that indicated by Articles 25, 26 and 27 of the Regulations of the Federal Consumer Protection Law[2].
The lawyers of the Health Law Practice are at your service to clarify any query you may have over this topic.
S I N C E R E L Y,
Daniel Del Río
Rodolfo Barreda
Ricardo Evangelista
Mariana Arrieta
[1] ARTICLE 32.- …
Including any legend or information in the information or advertisement by means of which a product or service is marketed, that indicates that they have been endorsed, approved, recommended, or certified by companies or professional associations is prohibited, when they lack the appropriate documentation that supports with scientific, objective, and reliable evidence, the qualities or properties of the product or service, or any other requirement indicated in the applicable laws to prove them.
…
[2] ARTICLE 25.- For the purposes of the provisions of the fourth paragraph of article 32 of the Law, scientific, objective, and reliable evidence is understood as the technical and scientific studies that contain a report that describes the original results of an investigation, conforming to the following minimum elements:
- Title, name of the author or authors;
- Document showing the technical knowledge and experience;
III. Statement of the problem or purpose of the investigation;
- Summary of the study or investigation;
- Scientific justification of the study or research;
- Materials and methods used for the study or research;
VII. Conclusion of the study or investigation;
VIII. The results and data produced by the study or investigation, with a statistical analysis thereof, and
- Criticism or analysis of the results and, where appropriate, the references and acknowledgments granted for the preparation of the study or research.
The information presented must make it possible to identify its traceability and connection with the good, product or service in question.
Traceability will be understood as the series of procedures that allow tracing the origin and analysis process to which a specific good or product has been subjected.
Studies, protocols, or methods must include procedures, or nationally or internationally recognized, reliable, or validated scientific references of proven scientific and technical capacity, as well as follow a scientific methodology, with an analysis of results, with a representative sample, where appropriate, and with a criterion for the evaluation of the product according to the purpose of the test.
Likewise, the supplier, the companies or professional associations must make available to the consumer, by any means, a public version of the document that supports scientific, objective, and reliable evidence of the qualities or properties of the good, product or service object of the guarantee, approval, recognition, or certification.
ARTICLE 26.- The Attorney General’s Office may require from the colleges, societies or associations of professionals, the documentation and information that supports with scientific, objective, and reliable evidence the qualities or properties of the good, product or service object of the endorsement, approval, recognition or certification of the product or service in question, in accordance with the provisions of article 13 of the Law.
ARTICLE 27.- The documentation referred to in articles 24, 25 and 26 of these Regulations must be submitted in original or, where appropriate, in certified copy. In the case of documents and information of foreign origin, they must be presented apostilled or legalized, by authority.
