On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). This guide provides guidelines for influencers and content creators in Mexico to follow the advertising regulations established by the Federal Consumer Protection Law. Many of the suggestions set forth resemble the Guide issued by the SIC in 2020. Among the suggestions in the guide are:
- EAdvertising must be clear, truthful and without misleading information.
- EThey must inform consumers that their content is advertising, using advertisements or captions in images, videos, audio and transmissions.
- EThey must disclose any commercial relationship with the brands they promote, using hashtags such as #PaidAdvertising, #Advertising, #PersonalOpinions and #SponsoredBy.
The guide also mentions that there are specific rules for the advertising of products such as food, beverages, cosmetics, among others, and that the authority in charge of enforcing these rules is the Federal Commission for the Protection against Health Risks (COFEPRIS).
Additionally, it highlights that these rules are applicable to all types of influencers, including children and adolescents, since their activities in social networks influence consumers’ decisions.
The publication of the guide evidences a strong concern in the region to fill the legal gaps that exist in the face of the growing trend of digital marketing, to continue guaranteeing the rights of consumers.
