Santamarina + Steta challenged the Mexican Official Standard NOM-051 through two different amparos. The first regarding the constitutionality of the Standard in general and the second exclusively regarding article 4.1.5. of the NOM, which establishes the prohibition of the use of characters, images of celebrities, among others, in prepackaged products and non-alcoholic beverages.
The arguments put forward by the Santamarina + Steta Intellectual Property litigation team, headed by José Pablo Pérez Zea, Efraín Olmedo, Ivanna Craviotto and Juan Pablo Bueno, showed that our client's intellectual property rights and commercial discourse were violated, as well as the lack of reasonableness between the prohibition established by the NOM and the problem that is sought to be resolved.
On October 29, 2021, a Federal Administrative Court decided to grant our client protection to remove Article 4.1.5 from its legal sphere. Thus, the food products marketed by the company may include children's characters, animations, celebrities, athletes, mascots, interactive elements or visual games on their labels, whether they are its own or licensed.
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