Explanatory Note to the amendment of the Mexican Official Standard NOM-051-SCFI/SSA1–2010 (“NOM”)
J. Rafael Amador Espinosa
On March 27, 2020, NOM-051-SCFI/SSA1–2010, General Labelling Specifications for Pre-packaged Foods and Non-Alcoholic Beverages — Commercial and Health Information, was modified and published in the Official Federal Gazette.
However, on June 19th, 2020 the Mexican Ministry of Economy and the Mexican Ministry of Health through the Federal Commission for Protection against Health Risks (COFEPRIS) issued a clarifying note to the amendment of the NOM to adjust reference errors and typos.
In light of the international treaties executed by Mexico, our Firm has prepared a note regarding the legitimacy of the NOM’s amendment, which can be consulted at:
Medium: Is it legal to banish characters and celebrities from products?.
LexLatin: Las violaciones a la libertad de comercio del nuevo etiquetado en México (in Spanish).
Our intellectual property team has more than 15 years of experience defending owners of industrial and intellectual property rights in Mexico. The modification to the NOM-051-SCFI/SSA1–2010 is, from our team’s point of view, unconstitutional for the reasons indicated in this informative note, so if your company is in one of the sectors affected by this modification, do not hesitate to consult us for advice.
Please note that as of April 1st, 2021, nutritional information and seals, if any, may not be superimposed on packaging, this provision applies even for imported products.
