October 2, 2022

Volume XII, Number 275

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September 30, 2022

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Mexican Authorities Remove Foodstuff Products Due to NOM 051 Labeling Requirements Non-Compliance

The Mexican Federal Commission for the Protection Against Sanitary Risks (Cofepris) and the Federal Consumer Prosecutor's Office (Profeco) removed more than 10,000 units of domestic and imported foodstuff products that were displayed in supermarkets for non-compliance with frontal food labeling requirements implemented in 2020. More than 80 well-known products were found in violation of labeling requirements pursuant to Cofepris, such as chocolates (including powders), cookies, cereals, syrups, jellies, sauces, flavored milks, snacks, sodas, fish, seafood, seasonings, marmalades, and others.

In 2020, new labeling requirements became mandatory for all pre-packaged, non-alcoholic foodstuffs and beverages sold in Mexico, regardless of their country of origin, as a result of amendments to the mandatory Mexican Standard “NOM-051-SCFI/SSA1-2010, General Labeling Specifications for Pre-packaged, Non-alcoholic Foodstuffs and Beverages. Commercial and Sanitary Information” (NOM 051) published on March 27, 2020. Please see Foley’s previous coverage of this by clicking here.

Current requirements include an additional stamp warning system with placement on the front side of packaging, in addition to the previously existing nutritional labeling requirements. This additional labeling is aimed at preventing the risk of overconsuming certain ingredients (sodium, added sugars, saturated fat, and other nutrients as determined by NOM 051) which, when ingested in excess, are considered risk factors associated with chronic, non-communicable diseases, such as diabetes, obesity, and heart disease.

The stamp warning system must be used when pre-packaged products (i) contain added free sugars, fats, or sodium, and when (ii) the value content of free sugars, saturated fat, trans fat, and sodium exceed the values foreseen in NOM 051.

When above qualifiers are present, the stamp warning system must be used in accordance with the following labeling (to be located in the upper right-hand front cover and of specified dimensions):

For small packaging, the following stamp warning system should be used as per the number of warning seals applicable to the product:

In addition, whenever sweeteners and/or caffeine are added in any quantity, products must include the labeling to signal they are not recommended for children (sweeteners), or should be avoided by children (caffeine).

The following bans have also been set related to additional promotion/marketing of products containing one or more of the aforementioned warning seals:

  • They may not contain endorsements by professional associations; and

  • They may not market through consumption-promoting characters, drawings, celebrities, gifts, offers, toys or contests, offers related to price or content, visual-spatial games, or announcements of social networks.

 

© 2022 Foley & Lardner LLPNational Law Review, Volume XII, Number 109
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About this Author

Nathan A. Beaver, Foley Lardner, FDA Enforcement Lawyer, Regulatory Attorney,
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Nathan A. Beaver is a partner and food and drug lawyer with Foley & Lardner LLP, where his practice focuses on the representation of manufacturers whose products and activities are regulated by the Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and the Federal Trade Commission (FTC). He advises clients on regulatory issues affecting prescription and over-the-counter drug products (including animal drugs), medical devices, dietary supplements, cosmetics, and foods with special emphasis on the strategic considerations involving the approval...

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Marcos Carrasco Menchaca International Trade Attorney
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Marcos Carrasco-Menchaca provides advisory and consulting services related to international trade compliance, customs, free trade agreements, customs litigation and taxation on foreign trade, as well as rendering services in international business transactions and administrative litigation.

Marcos has broad experience in advising the implementation of governmental exportation programs, such as the registration of companies in the Mexican Maquila Program (IMMEX), VAT certification, Sectorial Promotion Programs (PROSEC) and Drawback, among others.

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Alejandro Nemo Gomez Strozzi, Foley Lardner Law Firm, Mexico, Corporate Law Attorney
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Alejandro Gómez-Strozzi focuses his practice on providing advisory and consulting services related to international trade compliance, antidumping, customs, foreign trade and Mexican administrative law.

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Marco Antonio Najera Martinez, Foley Lardner, Litigation lawyer
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Marco Najera Martinez is a recognized go-to transactional and regulatory lawyer representing global companies doing business in Mexico. With particular experience in the Mexico antitrust laws, he represents Fortune 500 corporations, as well as Mexico companies, in this highly specialized area. Marco’s clients comprise many sectors, including financial services, insurance, energy, health care and real estate, and they rely on him for mergers and acquisitions, as well as a full range of corporate, project financing, compliance and regulatory matters.

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Erika Padilla Foley Gardere Arena in Mexico City Transactions Corporate
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Erika Padilla is an associate at Foley Gardere Arena in Mexico City. She has experience in tax and customs litigation and controversy, representation before tax and customs authorities, corporate and international taxation (tax planning and consulting). She also has corporate counsel experience with knowledge in the legal needs of a corporation from the inside, such as drafting, reviewing and negotiating all types of contracts and legal documents, including finance and banking agreements, providing legal advice to the commercial and investment departments and developing the organization’s...

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