On March 27, 2020, the Ministry of Economy published in the Official Gazette of the Federation the amendment to the Official Mexican Standard NOM-051-SCFI/SSA1-2010, concerning “General labeling specifications for prepackaged non-alcoholic food and beverages – Commercial and health information” (the “NOM”).
The process of creating this NOM and its content have generated some uncertainty and criticism, both in the industry and in society in general, as they entail a momentous change in the characteristics and information that the labeling of prepackaged non-alcoholic food and beverages currently applicable in Mexico must contain. The changes to the labeling system apply to all prepackaged non-alcoholic food and beverages intended for the final consumer, of national or international production, that are marketed within national territory, with the exception of the following: (i) those sold in bulk; (ii) those packaged at the point of sale; and (iii) products to which another specific NOM applies that does not make reference to NOM-051. Other products exempt from some of the provisions of the NOM are: a) products that include a single ingredient; b) herbs, spices, or mixtures thereof; c) coffee extracts, whole or ground coffee beans, decaffeinated or not, that do not contain added ingredients other than aromas; d) herbal infusions, tea, decaffeinated or not, instant and/or soluble, that do not contain added ingredients; e) fermented vinegars and substitutes; f) water for human consumption and natural mineral water; g) products with a surface area smaller than 78 cm2, which must declare the information on their website; h) infant formulas; i) non-alcoholic food and beverages for infants and young children with certain nutritional specifications; and j) vegetable oils, vegetable or animal fats; sugar, honey, iodized salt, and iodized fluoridated salt, as well as cereal flours. Broadly speaking, the entry into force of this NOM will produce the following consequences: • The obligation to place octagonal seals – in black and white – in the upper right part of the packaging of all those food and beverages that, according to the NOM, contain an excess of: calories, sodium, trans fats, sugars, and saturated fats; as well as the inclusion of precautionary legends warning about the content of caffeine and sweeteners in the products. • The prohibition on including children's characters, animations, cartoons, mascots, or interactive elements that promote or encourage consumption on the packaging of products with an excess of critical nutrients or sweeteners. • The limitation on the possibility of declaring nutritional and health properties on food and beverages that include any of the seals or warning legends implemented by the NOM. Due to the magnitude of the modifications to the current food and beverage labeling system, the NOM will enter into force in two main stages. The first on October 1, 2020, which covers the establishment of the front-of-package labeling system, through the placement of the seals and precautionary legends. The second stage will be April 1, 2021 for the remaining provisions of the NOM. This second stage is composed of 3 implementation phases related to the methodology for calculating the values and profiles concerning the complementary nutritional information. The first phase will run from April 1, 2021 to September 30, 2023; the second will run from October 1, 2023 to September 30, 2025; and the third will begin as of October 1, 2025. During these phases, the maximum amounts of critical nutrients will gradually decrease and will entail the placement of legends on more products. We are available to advise you legally on the implementation of this NOM. Likewise, we have identified certain arguments that, in our view, allow the constitutionality of this NOM to be challenged, in the event that a company decides to file an amparo lawsuit against it. For additional information, contact our experts: Adrián Magallanes, Partner: +52 (55) 5258 1077 | amagallanes@vwys.com.mx Luis Miguel Jiménez, Partner: +52 (55) 5258 1058 | lmjimenez@vwys.com.mx Patricia Kaim, Partner: +52 (55) 5258 1038 | pkaim@vwys.com.mx Jessika Rocha, Senior Associate: +52 (55) 5258 1077 | jrocha@vwys.com.mx María de Lourdes Salazar y Vera, Senior Associate: +52 (55) 5258 1058 | mlsalazar@vwys.com.mx
