Member Article

On December 15, 2011 was published in the Official Journal of the Federation the decree by which they renovated and added various articles of the Federal law on protection to the consumer, which entered into force the day after its publication. The object of the reform was considered serious violation information or advertising related to some good, product or service that may or may not be true, induces error or confusion to the consumer by how false, exaggerated, artificial, partial or biased that occurs. Deceptive or unfair advertising or information deemed particularly serious shall be punished with total or partial closure of up to 90 days and a fine which will oscillate between the $119,326.23 MN $3,341,134.55 pesos and, in case of repeated offence, by a fine of up to 10% of annual gross revenues earned by the offender for the marketing of goods, products or services contained in the respective advertising in the last fiscal year in which the infringement was committed (even if this wording is not sufficiently clear).

Finally, the reform provides that by issuing the guidelines for analysis and verification of advertising or information relating to goods, products or services, in order to avoid that it induces to error or confusion to the consumer, the Federal Attorney for consumer shall consider the temporal context in which dissemination, the time that is transmitted to other content distributed on the same medium and the economic or special circumstances of the market. Members of the area of protection of the consumer of the Office look to their orders for any clarification on the content of this document.

LIC. RICARDO HERNÁNDEZ - [email protected]

LIC. GERARDO HERNÁNDEZ - [email protected]

LIC. ANTONIO MAÑÓN - [email protected]