We successfully ensured that our clients’ concerns and interests were positively reflected in various legal instruments, utilizing legal disciplines related to standardization and regulatory improvement, including:
The amendment to the Mexican Official Standard NOM-051-SCFI/SSA1-2010, General Specifications for Labeling of Prepackaged Non-Alcoholic Foods and Beverages - Commercial and Health Information, published on April 5, 2010 (NOM-051);
The Conformity Assessment Procedure of the Mexican Official Standard NOM-223-SCFI/SAGARPA-2018, Cheese - Denomination, Specifications, Commercial Information, and Testing Methods, published on January 31, 2019; and
The Agreement establishing inspection criteria related to subcontracting in the export agroindustry.
We promoted that the Secretariat of Economy issue application criteria for NOM-051 concerning raw materials, bulk products, and inputs not intended for final consumers (food service), which are excluded from the scope of NOM-051 and, therefore, are not required to demonstrate compliance at the point of entry into the country.
In support of a multinational dairy products company, we successfully managed to have COFEPRIS acknowledge that the prohibition on using characters under section 4.1.5 of NOM-051 did not apply to certain products, as they were not specifically targeted at children, nor did they encourage consumption among this demographic.
Representing the national avocado industry, we played a substantial role in the legal defense strategy that Mexico raised before the WTO Dispute Settlement Body in case DS-524 Costa Rica - Measures Relating to the Importation of Fresh Avocados from Mexico, which resulted in a favorable resolution for our country.
We provided advisory services to the European Commission and the United Kingdom government to identify opportunities for economic and commercial complementarity and to analyze the Mexican legal framework on various international trade issues, such as sanitary and phytosanitary measures and intellectual property.
We successfully advised several companies in the management and obtention of trade promotion certifications such as IMMEX in the services modality, particularly in the sector of the production and export of infant food.
We advocated for the right to use common food names through participation in international trade negotiations involving various countries (Mexico, Chile, New Zealand, Australia, Mercosur) with the European Union, specifically concerning the protection of geographical indications and appellations of origin.
In the context of the modernization negotiations of the Free Trade Agreement between the European Union and Mexico (EUMFTA), we succeeded in having the Mexican government recognize that the term “Manchego cheese” is generic as it refers to a type of cow’s milk cheese produced in Mexico or third countries, thus allowing manufacturers, importers, and marketers to continue using it freely in the Mexican market.
We successfully challenged administrative acts related to the application of NOM-051 on labeling, particularly regarding the prohibition of using brands on the labels of products subject to the new front labeling system.
We achieved a 95% success rate in the admission of lawsuits and granted amparos for the agroindustry concerning the prohibition of subcontracting specialized services for cutting, harvesting, and collecting as outlined in the Agreement establishing inspection criteria related to subcontracting in the export agroindustry, published in the Official Gazette of the Federation on November 14, 2022.
We participated and achieved the incorporation of our clients’ proposals into the legislative discussions of the Quality Infrastructure Law and its corresponding regulations.
We formulated comments and recommendations on the draft Regulations of the Federal Law for the Protection to Industrial Property.