On September 4, 2024, COFEPRIS' Advisory Council on Advertising launched the Guide on Roles and Responsibilities of Influencer Advertising (GRRUPI). This tool aims to complement the Regulations of the General Health Law on Advertising (RLGSMP) to regulate the advertising of products and services in a digital context. The guide defines influencer advertising and establishes responsibilities for advertisers, agencies, influencers, and media outlets. Additionally, it proposes a self-assessment for content creators to determine if their advertising complies with regulations.
Update
On September 4, 2024, the Advisory Council on Advertising of the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) issued the GRRUPI guide, a tool aimed at those involved in advertising products and services regulated by this entity. The Guide is developed in addition to what is established in the RLGSMP, seeking to expand the scope of advertising regulation to the current digital context.
The Guide defines influencer advertising as follows: When the content of a video, commercial, live stream, spot, or the words of a person drive the purchase, consumption, or use of a product or service, influencer advertising is being generated, although with different levels of reach and responsibility.
Based on this definition, the guide involves not only those responsible for the products or services (advertisers) but also advertising agencies, content creators (influencers), and media outlets. It specifies that advertisers are responsible for carrying out the necessary regulatory procedures, while the latter are responsible for ensuring that the advertising they disseminate complies with the RLGSMP.
Likewise, the document proposes a self-assessment for content creators and media outlets that will help them determine whether their advertising of health products and services, food, dietary supplements, alcoholic beverages, and tobacco may pose a risk to consumers.
Regulatory framework
The Guide further emphasizes the mandatory process advertisers must undergo to publicize COFEPRIS-regulated products or services. This involves securing either an advertising permit (as stipulated in Article 79 of the RLGSMP) or an advertising notice (as specified in Article 86 of the RLGSMP), contingent upon the nature of the product being advertised. Moreover, the Guide underscores the prerequisite regulatory standards mandated by the General Health Law that must be fulfilled before initiating the advertising application process.
Effects from the RA update
The issuance of the GRRUPI guide by COFEPRIS represents a significant advancement in regulating digital advertising in Mexico. By involving advertisers, agencies, influencers, and media outlets, it seeks to create a more straightforward framework that delineates responsibilities and promotes responsible advertising practices. This not only protects consumers by ensuring that advertising aligns with current regulations but also promotes transparency in digital content.
The self-assessment proposed for content creators and media outlets will allow them to identify potential risks. It can also be conducted by any consumer who encounters an advertisement, thus providing them with elements that allow them to make more informed decisions about the purchase or consumption of a product.
These regulatory actions foster a safer and more conscious advertising environment in an ever-evolving digital landscape.
Written By:
Mariel Antonio
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