Last April, it was announced in several media that the 63 permissions of Cannabis products granted in 2018 were going to be reviewed. As a result of this supervising activities, COFEPRIS conducted inspections in several establishments, which offered products under those permits.
On July, the authorities seized CANNABIS based products and other substances in some of the visited establishments. COFEPRIS considered that such products lacked of safety and quality standards and failed to comply with the applicable labeling regulation. In addition, COFEPRIS ordered the suspension of activities in one of those establishments.
COFEPRIS keeps on monitoring, supervising, verifying and conducting inspections, among others, with the goal of avoiding the commercialization of prohibited products that do not comply with the applicable regulation.
Both individuals and the regulatory authorities must comply with the applicable regulation. The regulatory authorities must follow certain formalities stated by law, giving legal certainty to individuals and safeguarding their constitutional rights while conducting verifications, inspections, seizure and destruction of objects, products or substances. In the absence of compliance with these legal requirements or if the measures are excessive or defective, it is possible to explore and eventually file legal actions.
OLIVARES will closely follow developments on the verifications conducted by the sanitary authority, in order to provide our clients with the corresponding guidance in relation with these types of products and activities.
FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:
Alejandro Luna F.
Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.
Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.