ADVERTISING LAW

The creativity applied in advertising campaigns constitutes an invaluable asset for companies, since through these, brands express their ideologies and transmit their messages. Therefore, it is imperative to respect this essence and ensure that campaigns are launched to the market without any setbacks. In the current regulatory framework, regulations have been established to regulate compliance with various principles by advertising, with the purpose of safeguarding consumer interests and promoting an environment of fair competition between the different actors in the commercial sector.

In this context, advertising in Mexico and internationally is governed by general principles, such as truthfulness, verification, clarity, honesty, legality, protection of minors, social responsibility and transparency, among others, which allows healthy competition in the market and adequate consumer protection. In Danmark, we have extensive experience in the field of advertising analysis of multiple commercial sectors, including food, alcoholic and non-alcoholic beverages, medicines, devices, tobacco, among others. We have a team of specialized lawyers, as well as authorized external collaborators and advisors in various areas of specialization. This guarantees our clients an exhaustive analysis, both in the legal and technical fields, of their advertising, thus allowing them to go to the media with the least possible risk.

Currently, our firm represents and advises various companies, both global and national, in the review of their advertising, whether directed to digital media, points of sale, public graphics, print media or other channels. Our lawyers specialized in advertising are in charge of evaluating the possible risks associated with the dissemination of said advertising, reviewing labeling, permissions and any aspect related to advertising. Once the corresponding analysis is completed, our team will issue detailed recommendations on the most appropriate way to issue the guideline, ensuring full compliance with applicable laws and regulations. Likewise, from a regulatory perspective, our team evaluates the need to obtain a permission or notification from the Federal Consumer Protection Agency, especially in the context of advertising of food and beverages, alcoholic beverages, tobacco, medications and other products subject to regulation, when required.

In addition, we stay up to date with recent criteria and regulations related to advertising created by influencers, content creators, artificial intelligence, terms and conditions, and other relevant aspects for companies that want to carry out adequate advertising in the digital environment.

In the field of advertising litigation, we offer legal assistance to our clients, both to defend them against complaints or procedures initiated by the regulatory authority, such as the Federal Consumer Protection Agency (PROFECO), and against claims initiated by self-regulatory organizations, such as the Council for Self-Regulation and Advertising Ethics (CONAR).

Finally, among the most relevant activities that our firm carries out is the creation of self-regulation schemes and procedures for our clients. We offer our support and advice with the aim of establishing a brief and efficient advertising review procedure, thus guaranteeing full compliance with current legislation and minimizing potential risks before market launch.