Basham, Ringe y Correa, S.C.
  June 28, 2005 - Mexico

Amendments to Health Law

On June 28, 2005, amendments to Articles 420 and 421 as well as the addition of a new Article 414bis of the Health Law were published in the Federal Official Gazette, entering into force the following day. Article 414bis provides that herbal products, food supplements, perfumes and beauty products may be seized, as a precautionary measure, when they have been improperly advertised by being held out as medicines or as having characteristics or therapeutic qualities which they do not have. Such products may be seized whether located at manufacturers, distributors, or retailers. In addition, a fine of from 1,000 to 4,000 times the daily minimum wage for the geographic zone in question (approximately from Pesos $48,600 to Pesos $194,400) may be imposed for failure to comply with the advertising rules established in the Health Law. Article 421 provides for a fine of from 4,000 to 10,000 times the daily minimum wage for the geographic zone in question (approximately from Pesos $194,400 to Pesos $486,000) for selling or providing; tobacco products to minors; cigarettes in packages of less than 14 cigarettes; cigarettes in pharmacies, hospitals and schools; and cigarettes in national health clinics which do not have a no-smoking area. A similar fine may be imposed on radio, television stations and movie theatres that advertise alcoholic beverages or tobacco products without complying with the applicable legislation, specifically, the Health Law. For further information, please contact the following lawyers in our Health Law Area: Gerardo Hernández Reyes Tel: (525) 52610427 E-mail:[email protected] Fernando Mejía Méndez Tel: (525) 52610498 E-mail: [email protected]