Mexico’s cosmetics sector uses a wide range of advertising channels, making careful planning essential. When developing a campaign, businesses must assess the message as a whole, advertising copy, images, videos, animations, etc.
Compliance with health regulations should be built into every stage of the advertising process, from defining the benefits to be communicated through media placement and publication. A rigorous approach to marketing communications supports transparency, strengthens consumer trust, and provides greater certainty for business operations.
The legal definition of a cosmetic product and its implications for advertising
Advertising for a personal care product must be grounded in the regulatory framework established by Mexico’s General Health Law (LGS). Under Article 269, cosmetic products are substances or formulations intended to come into contact with the external parts of the human body, the epidermis, body hair and scalp hair, nails, lips, and external genital organs, or with the teeth and oral mucous membranes. Their exclusive or primary purpose is to clean, perfume, change the appearance of, protect, or maintain these areas in good condition; correct body odors; or mitigate or prevent deficiencies or changes in the functioning of healthy skin.
Unlike therapeutic products intended to diagnose, treat, cure, relieve, or prevent disease, cosmetics are limited to the hygiene, beauty, protection, and maintenance purposes expressly established in the regulatory framework for their intended areas of application.
Attributing properties or actions associated with medicines or herbal remedies to a cosmetic product violates health regulations. When a product’s classification is assessed during an administrative review, its composition, intended use, and commercial presentation are considered together, pursuant to Articles 269, 270, and 271 of the LGS. These regulatory boundaries must be reflected not only in advertising, but also in the product’s name, indications, labeling, and instructions for use.
General principles governing advertising under health regulations
Under Articles 6, 7, 8, 9, 10, and 11 of the Regulations of the General Health Law on Advertising (RLGSMP) and Article 270 of the LGS, cosmetics advertising must meet the following general criteria:
Truthfulness and clarity: Messages must use precise language and avoid ambiguous, misleading, or exaggerated claims about the product’s nature, composition, or results.
Consistency with the product’s function and characteristics: The benefits communicated must be consistent with the legal definition of a cosmetic and with the function of its ingredients or formulation.
Technical and scientific substantiation: Claims, for example, maintaining hydration for a specified number of hours or improving the appearance of skin firmness, must be supported by relevant technical evidence. Clinical studies are not necessarily required in every case; the evidence must be appropriate to the nature of the benefit and to the advertised duration, extent of the effect, and conditions of use. Information or technical data sheets for an individual ingredient do not, on their own, demonstrate that the finished formulation will produce the same result in users.
Accurate representation of results: Images, graphics, animations, and audiovisual materials must accurately represent the product’s intended effects, without alterations or visual manipulation that could mislead consumers about the actual results.
Safe-use information: Where required by the nature of the product or its ingredients, advertising must include precautions or instructions to support proper use.
Brand-specific advertising notification for cosmetic products
The administrative requirements for cosmetics advertising are established in Article 270 of the LGS and Article 62 Bis of the RLGSMP.
The required filing with the Ministry of Health is the notification identifying the party responsible for advertising cosmetic products, submitted by brand (Aviso de responsable de la publicidad de productos cosméticos, por marca).
According to the information published through COFEPRIS’s official channels in its Advertising Authorization section:
Online submission: The notification is submitted through the DIGIPRiS platform.
Cost: There is no filing fee.
Processing: The filing is processed immediately and does not require a formal authorization decision or response from the authority.
Submitting the advertising notification serves to notify the authority. It does not constitute approval of the advertising content or an official endorsement or certification of the product’s safety or efficacy. The advertiser therefore remains responsible for ensuring that all published materials comply with the applicable regulations.
Statements and information supporting proper use
Under Articles 7, 10, and 60 of the RLGSMP, informational statements in cosmetics advertising are subject to the following rules:
Health- and hygiene-promoting statements: Article 60 requires statements promoting hygiene and health, except where these messages are already conveyed through the advertisement’s images, scenes, text, or dialogue. Compliance must therefore be assessed by considering the advertisement as a whole.
Precautions for use: Where a product or its components involve specific conditions of use or associated risks, for example, cosmetics containing alpha-hydroxy acids, hair dyes, or aerosol deodorants, the advertising must include the relevant precautions to support proper use.
Conclusion
An effective cosmetics advertising strategy combines commercial impact with compliance with the current health regulatory framework. Assessing messages from the outset, substantiating each claim, and completing the brand-specific notification helps businesses support product launches and reduce the risk of noncompliance.
Recommended actions include:
Review advertising claims comprehensively: Examine campaign copy, product names, images, and videos to ensure that all claims remain within the permitted cosmetic purposes.
Compile relevant supporting evidence: Gather technical information, literature, ingredient data, or studies that directly substantiate the extent and scope of the advertised benefits.
Submit the brand-specific notification: File the notification identifying the party responsible for advertising cosmetic products through DIGIPRiS, in accordance with the applicable requirements and regulations.
Train commercial teams and agencies: Provide marketing staff, content creators, and external advertising agencies with guidance on the general requirements of health regulations.
Establish an internal review process: Implement a process in which the regulatory affairs team, legal team, or designated compliance reviewer assesses materials before publication or broadcast.
FAQ
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The promotional purpose of the content and the creator’s relationship with the brand must be assessed. When a post, video, verbal mention, or testimonial serves a commercial purpose or is connected to a promotional relationship with the brand, it must comply with the applicable advertising requirements under health regulations. Promotional content must not attribute curative or pharmacological properties to a cosmetic product.
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The health authority has the power to request changes to, or the suspension of, advertising that violates the applicable provisions. It may also initiate administrative proceedings that can lead to advertising suspension and/or financial penalties, depending on the circumstances of the case.
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Cosmetics advertising notifications are submitted by brand. If the responsible party’s details, the brand, or the information submitted changes, the current administrative requirements must be reviewed to determine the appropriate filing.
A brand-specific notification does not remove the need to assess each advertising material for compliance.
Written by:
Hezbeidy Sánchez
About IPS
IPS provides specialized technical and regulatory consulting to support compliance with the health regulations applicable to the cosmetics industry. We assist businesses with the regulatory review of advertising materials, the assessment of evidence supporting claims, and the submission of brand-specific advertising notifications through DIGIPRiS. To learn more about solutions tailored to your projects, contact our consulting team info@insumosparasalud.com
