The Senate Health Commission is currently engaged in discussions regarding a proposed law that mandates the labeling of ultra-processed foods and restricts their advertising. There is ongoing debate about the definition of ultra-processed foods and their impact on overweight and obesity rates. Over four sessions, lawmakers have heard from nutrition experts and industry representatives, including organizations like FAO and various academic and consumer associations, to gather technical insights before voting on proposed amendments.

The initiative, led by Senator María José Gatica and supported by other legislators, defines ultra-processed foods as those containing more than five ingredients derived from industrial processes. It also stipulates that advertising for these products cannot target individuals under the age of fourteen, covering all forms of promotion in both traditional and digital media.

Proponents of the bill argue that it is essential to improve public nutrition in light of high obesity rates. They highlight that products with numerous ingredients often contain high levels of saturated fats and calories, adversely affecting cardiovascular health. A diet focused on non-industrial foods is suggested to help prevent diseases such as hypertension, diabetes, and certain cancers. The NOVA classification system, developed by the University of São Paulo, has been referenced in the debate, categorizing foods based on their level of processing.

However, industry representatives have raised concerns about the NOVA classification, noting that it has not been officially recognized by international bodies like the WHO and FAO, and that the number of ingredients does not necessarily reflect a product’s nutritional quality. They also argue that some ultra-processed foods play important roles in public nutrition programs for vulnerable populations, such as infants, pregnant women, and the elderly.

Mexico’s advertising industry faces new challenges as a result of the new front-end labeling regulation, which came into effect on March 8, and which requires advertisers to request advertising permits from the Federal Commission for Protection against Health Risks (Cofepris) to promote pre-packaged food and non-alcoholic beverages that include certain elements in the front-end labeling.

Luis López Linaldi, founding partner of the firm Solórzano Linaldi, explains that since that time, the labeling of prepackaged food and non-alcoholic beverages with excess calories, sugars, trans fats and sodium has been modified. Now, this front labeling system is introduced as a reference parameter to define whether or not certain restrictions apply to the advertising of food and non-alcoholic beverages.

The 3 main changes in the Regulation of the General Law of Health on Advertising

Advertising of pre-packaged food and non-alcoholic beverages must be congruent with the front labeling and, if applicable, include warning seals, precautionary legends, recommendation or acknowledgement statements.

The use of children’s characters, cartoons, celebrities, mascots or interactive elements in the advertising of pre-packaged food and non-alcoholic beverages that have warning seals and are directed to infants is prohibited.

The advertiser must obtain authorization before broadcasting the advertisement with warning seals on free-to-air television, pay TV, movie theaters, internet and other digital platforms.