PROFECO Institutional Program 2026–2030: Compliance takeaways for companies operating in Mexico

The Ministry of Economy in Mexico recently published the Institutional Program 2026–2030 of the Federal Consumer Protection Agency (PROFECO) in the Official Gazette of the Federation.

The Program establishes the objectives and strategies that will guide PROFECO's actions over the next five years. In accordance with the Program, PROFECO will intensify its regulatory and oversight activity, directing its resources toward correcting commercial practices that it considers structurally harmful to consumers in Mexico.

In practical terms, the Program anticipates a more active regulatory environment with higher compliance expectations for suppliers operating in Mexico – particularly in terms of advertising, e-commerce, adhesion contracts, labeling, product quality, and handling of consumer complaints. Strengthening PROFECO's oversight and sanctioning powers will likely involve increased scrutiny of business practices and internal compliance programs over the next few years.

For companies that offer goods or services in the Mexican market, the Program is a reference point for regulatory priorities and expectations in the consumer-protection compliance environment.

Companies that do not implement this new regulatory approach could face more frequent verification procedures, harsher penalties, and increased public scrutiny of their business practices.

Context and assessment of the problems identified by PROFECO

PROFECO identified five structural problems in consumer relations that are directly relevant to suppliers’ operations in Mexico:

• Misleading advertising and marketing of unsafe or poor-quality products
  
  
• Abusive business practices
  
  
• Informational inconsistencies in contracts and contracting processes
  
  
• Inadequate access to information for responsible consumption
  
  
• Low trust in public institutions

Strategic objectives and implications for suppliers

The Program is structured around five strategic objectives that have a direct impact on the regulatory obligations and risks of suppliers.

Ensure access to clear information on goods, products, services, and consumer rights

Action plans for information access include the following:

• Preparation of quality studies on goods and products
  
  
• Evaluation of goods and products through technical analysis and standardized testing methods
  
  
• Dissemination of information on goods, products, and services that could represent risks to the life, health, or integrity of consumers
  
  
• Identification of misleading advertising in mass media and digital platforms
  
  
• Strengthening of the "Who's Who" programs

Promote fair consumer relations by suppliers of goods, services, and products

The Program lists the following action steps for promoting fair consumer relations:

• Review compliance with Official Mexican Standards applicable to labeling and commercial information
  
  
• Execute verification and surveillance actions, especially during high-consumption seasons
  
  
• Disseminate information on the behavior of suppliers through the PROFECO Commercial Bureau
  
  
• Promote responsible fair-trade practices and trade information
  
  
• Supervise compliance with obligations related to commercial promotions
  
  
• Strengthen the imposition and execution of administrative sanctions through the Administrative Enforcement Procedure, in its capacity as a tax authority

Strengthen mechanisms for the defense of consumer rights

In the Program, PROFECO puts forward the following approaches for defending consumer rights:

• Strengthening digital mechanisms for dispute resolution
  
  
• Modernizing face-to-face and remote conciliation and arbitration systems
  
  
• Promoting the use of class actions and their legal representation
  
  
• Strengthening the processes for registering, reviewing, and approving adhesion contracts
  
  
• Developing additional protection mechanisms derived from the increase in electronic commerce
  
  
• Implementing special projects related to the use of artificial intelligence (AI) and algorithms in digital platforms

Promote a culture of responsible and sustainable consumption

Action plans for promoting responsible consumption consider:

• Dissemination of didactic and informative materials on goods and services through physical and digital media
  
  
• Holding of educational sessions on consumer rights in the Consumer Protection Offices
  
  
• Strengthening of institutional mechanisms for the promotion of responsible consumption, including the Consumer Advisory Council

Strengthen the institutional performance of PROFECO

Among the main actions planned for PROFECO are:

• Promoting adjustments to the Federal Consumer Protection Law (LFPC), its regulations, and other applicable provisions – particularly in terms of electronic commerce, AI, and algorithms in commercial platforms
  
  
• Promoting inclusive and accessible care mechanisms for groups in vulnerable situations
  
  
• Strengthening the dissemination of PROFECO's functions and the quality of its advisory, conciliation, arbitration, and opinion processes

Regulatory exposure and mitigation for suppliers

Against this backdrop, suppliers operating in the Mexican market are encouraged to adopt a proactive compliance approach – aligned not only with applicable legislation, but also with the regulatory specifications and supervisory criteria announced by PROFECO in the Program.

In the area of adhesion contracts, the Program anticipates a simplification of registration processes, accompanied by more intensive supervision of existing contracts. The review will likely focus on verifying that the content, language, and structure of such regulatory records are accessible to the average consumer.

The systematic monitoring of advertising will be one of the regulatory priorities during the period of validity of the Program. Consequently, suppliers must check that all commercial messages – including those disseminated on social networks and digital platforms – are truthful, verifiable, and do not omit information that could lead to error.

Likewise, the strengthening of internal compliance programs in consumer protection will be increasingly relevant, not only for the adequate handling of claims and procedures before PROFECO, but also from a reputational perspective – particularly in the face of the public information available in the Commercial Bureau of the authority.

Finally, in terms of product labeling and quality, companies are encouraged to ensure that the commercial information accurately reflects the composition and characteristics of the goods and that they comply with the applicable Official Mexican Standards.

How DLA Piper can help

DLA Piper’s Mexico-based team has extensive experience in consumer protection; regulatory compliance before PROFECO; defense in conciliation proceedings; arbitration, verification, and infringement of the LFPC; design of trade compliance programs; and strategic advice in the face of evolving regulatory environments.

We are available to our clients to analyze their specific exposure to the new Program and strategize mitigation measures adapted to each sector and business model.

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