Mexico’s PROFECO Publishes Advertising Guide for Influencers to Ensure Compliance with Advertising Regulations

PROFECO

The Federal Consumer Protection Office (PROFECO), a government body in Mexico, has published the Influencers Advertising Guide. This guide is designed to help Mexico-based creators in complying with advertising regulations outlined in the Federal Consumer Protection Law. Here are the key highlights from the guide:

  • Definition of Advertising: The guide defines advertising as any scenario in which creators provide information or recommend a product or service on a social media or digital platform.

  • Transparency and Truthfulness: Creators are expected to uphold the principles of "transparency, truthfulness, and verifiability" in their content. They should refrain from misleading or confusing the public and should base their opinions on their own personal experiences.

  • Disclosure of Commercial Relationships: Creators must transparently disclose any commercial relationships they have with products or services they promote. This can be achieved through the use of hashtags such as #advertising, #paidadvertising, #personalopinion, or #sponsoredby.

  • Verification of Goods and Services: Creators are strongly encouraged to review the websites of the products or services they endorse to ensure they are safe and compliant with regulatory standards.

  • Guidelines for Specific Products: Creators must adhere to specific guidelines for certain types of products, including food and beverages, cosmetics, health services, supplies, beauty products, and perfumery items.

Why it Matters: While the Influencers Advertising Guide is not legally binding, it serves as a valuable reference tool for creators in Mexico. It helps them understand the requirements and expectations for promoting products and services, fostering transparency in sponsored and other types of commercial content. In addition, it provides the foundation for a growing influencer marketing industry in Mexico, with projected spending growth exceeding 12% between 2023 and 2027.

Mexico joins other nations, including the US, UK, France, China, and India, in updating regulations for sponsored content by creators, aligning with influencers' increasing influence over the public.

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