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Spring 2016

Children’s Advertising Laws in Mexico An Asia Production Feature

Mexico inherited their legal system from Spain based on statutory law. Specifically, their advertising laws are enforced at the federal level. Federal administrative agencies have jurisdiction over advertising and are allowed to press allegations against any firms or organizations that break advertising laws. Other local regulations contain specific provisions relating to the marketing of alcohol and tobacco to children, [as well as] the use of crude language and sexual content in advertising.18 The first law regulating children’s advertising is The Federal Law on radio and television. This law covers things like offending national heroes or religious beliefs, racial discrimination, criminal acts, violence, and images that

promote consumption of alcohol, tobacco, or illicit drugs. The second law that protects children from offensive advertising is The Federal Health Code. This law restricts pharmaceutical products, tobacco, and alcohol. It is not illegal to advertise these items, however, technical information must be verifiable, content must be educational, and it must not promote bad habits from the use of these substances like prescription drug addiction. The final law that restricts children’s advertising is The Federal Consumer Protection Law. This law is the most important of them all. It explains provisions to publicity and special offers. In short, the law protects

consumers from false advertising or advertising that creates confusion among its audience. If any of these three laws are broken, organizations may be taken to federal court and may face fines of $500 to $252,000 USD.19 The federal government of Mexico is serious about protecting children from risqué advertising and has a clear cut mission statement: “Moral values, consumer protection, and public health are the cornerstones of advertising regulation in Mexico, especially in respect to children, who are recognized as a vulnerable consumer group.”20

18

Hurtado , Marina . "Advertising To Children in Mexico." Global Advertising Lawyer Alliance. www.galamarketlaw.com.previewdns.com/files/RSChilMex.pdf (accessed October 12, 2013). 19 Clients Guide to the best Law firms, top Lawyers, Attorneys, Advocates, Solicitors and Barristers.. http://www.legal500.com/c/mexico/developments/5271 (accessed October 17, 2013). 20 Hurtado, Maria, Roberto Arochi, Karl H. Tessman, and Oliver Galindo. "Mexico: Advertising to Children in Mexico." Global Advertising Lawyers Alliance. http://www.gala-marketlaw.com/mexico-63573 (accessed October 18, 2013).

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Issue 1  

There is more to marketing than presenting an organization’s products in order to sell them to customers. It is essential businesses conside...

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