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September 20, 2017
by Alejandro Luna Fandiño, Erwin Cruz and Ingrid Ortiz
A Q&A guide to the commercialisation of healthcare in Mexico.
This Q&A provides an overview of the regulatory framework for the commercialisation of medical products in Mexico. It covers the key requirements for manufacturing, advertising and selling drugs, medical devices, biological products and natural health products.
To compare answers across multiple jurisdictions, visit the commercialisation of healthcare Country Q&A tool.
This Q&A is part of the Commercialisation of Healthcare Global Guide.
Regulatory overview
1. What is the regulatory framework for medical products?
Legislation
The regulatory framework for medical products (that is, drugs, medical devices and biological products for human use) is set out in the following federal laws:
Regulatory authorities
The Mexican authority responsible for enforcing the regulatory framework relating to medical products is the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS), which is part of the Ministry of Health (Secretaria de Salud).
For more information on the COFEPRIS see box: The regulatory authority.
Private parties
The health system in Mexico includes some private parties that are involved in the commercialisation of medical products, including:
2. What types of medical products are regulated?
The medical products that are regulated in Mexico are:
Drugs
3. What are the general requirements for a drug to be manufactured, advertised and sold?
Manufacturing
Companies manufacturing medicinal products must obtain a manufacturing licence/approval (licencia sanitaria) from the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
The requirements for manufacturing approval are set out mainly in the General Health Law, its regulations and Official Mexican Standards (NOMs) setting good manufacturing practices for medicinal products (NOM-059-SSA1-2015) and health requirements for manufacturing (NOM-176-SSA1-1998). They regulate and provide guidelines and standards relating to:
The General Health Law Regulations set 60 working days as the time frame for reviewing an application for a manufacturing approval. This is reduced by up to ten working days if the application has been previously reviewed by an authorised third health institution (that is, a private or public company authorised by the COFEPRIS to review regulatory submissions).
The COFEPRIS ensures that applicable NOMs are followed, from when a facility starts production and at least every two years after then.
Advertising
The advertising of medicinal products in Mexico is governed by the:
The COFEPRIS is responsible for enforcing the provisions above.
The Industrial Property Law and the Federal Law for Protection of Consumers also contain provisions on advertising.
Additionally, the National Chamber of the Pharmaceutical Industry issued a Code of Ethics that includes provisions on advertising. Although those provisions are not mandatory, failure to comply may result in a suspension of rights as a member of the Chamber or in expulsion from it.
Only over-the-counter drugs can be advertised to the general public, subject to prior approval from the COFEPRIS. Media channels must request certified copies of the corresponding marketing authorisations before releasing the advertisements. Any visual or audio advertisement for over-the-counter drugs must (Article 43, RLGSMP):
It is not possible to advertise prescription medicines to the general public (Article 310, General Health Law). Prescription drugs can be advertised to health professionals. However, advertisements directed to healthcare professionals can only be published in specialised media and must be based on the approved prescription information (Article 42, RLGSMP).
Sale
To sell any drug, manufacturers must obtain a marketing authorisation from the COFEPRIS. To obtain a marketing authorisation, the manufacturer must:
The requirements may vary depending on the manufacturer and type of drug.
The applicable regulations establish a system of co-operation between the COFEPRIS and the Mexican Institute of Industrial Property. The main reason for this is to prevent the granting of marketing authorisations in violation of exclusive rights.
4. Are there different requirements for patented and generic drugs?
There are different requirements for patented and generic drugs.
For patented drugs, applicants must prove the safety and efficacy of new products through standard clinical trials. New products include:
For generic drugs, applicants must only provide information concerning dissolution profiles or bioavailability studies regarding the innovator product, instead of their own clinical trials.
The Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) and the Mexican Institute of Industrial Property (IMPI) will co-operate to prevent the granting of marketing authorisations in violation of exclusive rights.
Under the IP Regulations, IMPI must publish every six months a gazette that includes compound patents (linkage gazette). Formulation patents have been included since 2010, in accordance with a ruling of the Mexican Supreme Court.
When filing the application, the generic applicant must either:
5. What authority is responsible for regulating the manufacture, advertising and sale of drugs?
The authority responsible for regulating the manufacture, advertising and sale of drugs is the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
For more information on the COFEPRIS see box: The regulatory authority.
6. Are there fewer or different requirements for drugs that have already been licensed/approved in another jurisdiction?
There is a special procedure for drugs to be approved for the first time in Mexico and that have previously been approved by one of the following foreign agencies:
These specific rules were issued by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios). The approval procedure is based on the dossier filed with the foreign regulatory agency, to reduce approval time frames by up to 60 working days.
Industry participants have welcomed these rules, although they are still being tested.
7. Is it possible to sell drugs to or buy drugs from other jurisdictions?
A marketing authorisation issued by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS) is required to sell drugs manufactured in other jurisdictions. In Mexico, selling drugs without a marketing authorisation can be prosecuted as a criminal offence.
Salvador, Ecuador and Colombia announced that drugs with a marketing authorisation issued by the COFEPRIS can be sold in these countries, as the COFEPRIS has been recognised as a continental regulatory agency by the Pan American Health Organization.
8. Is it permitted to advertise drugs to consumers? Are there restrictions on advertising?
Only over-the-counter drugs can be advertised to the general public, subject to approval by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS). Media channels must require certified copies of the corresponding marketing authorisations for medicines before releasing the advertisements.
An advertisement must be limited to indicating the general characteristics of the product, its therapeutic properties and use.
Any visual or audio advertisement for over-the-counter drugs must (Article 43, Regulation of the General Law of Health regarding Advertising (Reglamento de la Ley General de Salud en Materia de Publicidad) (RLGSMP)):
Advertising prescription medicines to the general public is prohibited (Article 310, General Health Law). Prescription medicines can be advertised to health professionals. However, advertisements directed to health professionals can only be published in specialised media and must be based on medical prescription information (Article 42, RLGSMP).
On 19 January 2012, the RLGSMP was amended, granting the COFEPRIS strong powers to:
Electronic advertisement is governed by the general rules on advertising in Article 2 of the RLGSMP. The COFEPRIS is currently increasing its monitoring of internet advertisements for medical products, which had been less strict than for television or radio advertisements.
Medical devices
9. What are the general requirements for a medical device to be manufactured, advertised and sold?
Manufacturing
Companies manufacturing medical devices must file an operation notice with the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
The requirements for manufacturing approval are set out mainly in the General Health Law, its regulations and Official Mexican Standards (NOMs) setting good manufacturing practices for medical devices (NOM-241-SSA1-2012).
Medical devices are classified as follows:
Advertising
The advertising of medical devices must be authorised by the COFEPRIS. The authorisation must state whether the product can be advertised to the general public or to health professionals only.
Advertising to the general public must:
Sale
Selling certain medical devices require a marketing authorisation from the COFEPRIS, in particular those classified in classes II and III. To obtain a marketing authorisation, an applicant must:
The above requirements can vary depending on the applicant and type of medical device.
Certain medical devices are exempt from marketing authorisation (for example, bandages, immobilisers, pads, and so on).
Exempted devices must still comply with GMP and with the labelling standards set out in relevant legislation (for example, the Consumer Protection Regulations), since regulatory authorities have wide powers to verify any potential health risk at any time. In addition, information provided on devices must be truthful and communicated in a way that does not mislead consumers (Consumer Law).
10. What authority is responsible for regulating the manufacture, advertising and sale of medical devices?
The authority responsible for enforcing rules relating to medical devices is the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
For more information on the COFEPRIS see box: The regulatory authority.
11. Are there fewer or different requirements for medical devices that have already been licensed/approved in another jurisdiction?
The Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS) follows a special procedure for medical devices that have already been approved by:
Approval is essentially based on the dossier filed with the foreign regulatory agency, to reduce approval time frames by up to 30 working days.
12. Is it possible to sell devices to or buy devices from other jurisdictions?
It is possible to sell devices to or buy devices from other jurisdictions. Medical devices can either require or be exempt from a marketing authorisation.
Exempted devices must still comply with good manufacturing practices and with the labelling standards set out in the applicable provisions, such as the Consumer Protection Regulations, since regulatory authorities have wide powers to verify any potential health risk at any time.
In addition, under the Consumer Law, information provided on products must be truthful and communicated in a way that does not mislead consumers.
13. Is it permitted to advertise medical devices to consumers? Are there restrictions on advertising?
It is permitted to advertise medical devices to consumers. However, advertising must be authorised by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios). Advertising to the general public must:
Biological products
14. What are the general requirements for a biological product to be manufactured, advertised and sold?
Manufacturing
Companies manufacturing biological products must obtain a manufacturing authorisation from the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
The General Health Law and its regulations were recently amended to include provisions on the approval of biologics and biocomparables (biosiomilars). New rules on the approval of biological innovators and biocomparables were published in February 2015. These new rules give the Assessment Sub-Committee on Biotech Products (Subcomité de Evaluación de Productos Biotecnológicos) (SEPB) powers to:
The new rules also include transitional provisions for the renewal of marketing authorisations of biologics granted before the amendments to the General Health Law Regulations for Biologics came into force. These provisions establish that:
The transitional provisions only apply to renewal applications submitted before 31 December 2015.
Advertising
The advertising of biological products must be authorised by the COFEPRIS. The authorisation must state whether the product can be advertised to the general public or to health professionals only. However, due to the nature of this type of products, advertising is likely to be authorised in relation to health professionals only.
Sale
A marketing authorisation by the COFEPRIS is required to sell any biological product. Generally, an applicant for a marketing authorisation of an innovator must:
Clinical trials for innovator biological products must take place in Mexico where the product is to be manufactured in Mexico. For products manufactured abroad, the Ministry of Health can request that a clinical trial takes place in Mexico when the Sub-Committee on Evaluation of Biotechnological Products of COFEPRIS considers that this is necessary.
Applicants for biocomparables must comply with the above requirements. However, their pre-clinical and clinical tests must be based on a biological reference drug, which must be used to perform physico-chemical comparative studies. For this purpose, the applicant must submit the following:
The requirements above may vary. The Ministry of Health can impose specific requirements for any biological product on a case-by-case basis, taking into account the opinion of the COFEPRIS Committee of New Molecules, which will have consulted its Sub-Committee on Evaluation of Biotechnological Products.
15. What authority is responsible for regulating the manufacture, advertising and sale of biological products?
The authority responsible for enforcing the rules relating to biological products is the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
For more information on the COFEPRIS see box: The regulatory authority.
16. Are there fewer or different requirements for biological products that have already been licensed/approved in another jurisdiction?
Research and development companies can benefit from a special procedure for biological drugs to be approved for the first time in Mexico which have already been approved by the following regulatory agencies:
The Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) recently issued rules to set up this new procedure. The procedure is essentially based on the dossier filed with the foreign regulatory agency, to reduce approval time frames. Industry participants have welcomed these new rules, although they are still being tested.
17. Is it possible to sell biological products to or buy biological devices from other jurisdictions?
A marketing authorisation from the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) is required to sell biological products manufactured in other jurisdictions. Selling biological products without a marketing authorisation can be prosecuted as a criminal offence.
18. Is it permitted to advertise biological products to consumers? Are there restrictions on advertising?
The advertising of any biological product must be authorised by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios). As biological products are complex medicines, advertisement relating to these products cannot:
Natural health products
19. Is there a category for natural health products (including, for example, traditional medicines, homeopathic medicines, supplements, vitamins and minerals)?
There are specific provisions that regulate different types of natural health products, including:
20. What are the general requirements for natural health products to be manufactured, advertised and sold?
Manufacturing
Companies manufacturing natural health products must file an operation notice with the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
Advertising
The advertising of natural health products in Mexico is permitted and governed by the:
The COFEPRIS enforces the provisions on advertising.
The advertising of any natural health product is subject to the following restrictions:
Advertisements of herbal medicines must:
Advertisements of dietary supplements must:
Sale
There are different requirements for the sale of different types of natural health product:
Applicants for a marketing authorisation relating to herbal, homeopathic and vitamin medicines must:
In addition, product monograph and information on storage conditions are required for vitamin medicines.
For recording herbal remedies, applicants must:
A notice of marketing for a dietary supplement must include:
Some of the requirements above may vary depending on the specific product.
21. What authority is responsible for regulating the manufacture, advertising and sale of natural health products?
The authority responsible for enforcing the rules relating to health products is the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS).
For more information on the COFEPRIS see box: The regulatory authority.
22. Are there fewer or different requirements for natural health products that have already been licensed/approved in another jurisdiction?
The holder of a natural health product approved by a recognised foreign regulatory authority can use the dossier filed with this authority when filing a marketing authorisation/recordal application in Mexico. However, approval in another jurisdiction is not recognised by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios).
23. Is it possible to sell natural health products to or buy natural health products from other jurisdictions and/or electronically?
A marketing authorisation issued by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS) is required to sell herbal, homeopathic and vitamin medicines manufactured in other jurisdictions. A recordal with COFEPRIS is required to sell herbal remedies. Selling medicines without a marketing authorisation can be prosecuted as a criminal offence.
Natural health products exempt from marketing authorisation/recordal must still comply with good manufacturing practices and labelling standards set out in relevant legislation (for example, the Consumer Protection Regulations), as regulatory authorities have wide powers to verify any potential health risk at any time. In addition, information provided on the products must be truthful and communicated in a way that does not mislead consumers.
24. Is it permitted to advertise natural health products to consumers? Are there restrictions on advertising?
Natural health products approved as over-the-counter medicines and herbal medicines can be advertised to the general public, subject to approval by the Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios). Before releasing advertisements, media channels must require certified copies of the marketing authorisation for the product.
Advertisements must be limited to indicating the general characteristics of the product, its therapeutic properties and use.
Any visual or audio advertisement of natural health products must:
Reform
25. Are there any plans to reform the rules on the development, manufacture, advertising and sale of medical products?
Mexico is taking part in the negotiations of the Trans-Pacific Partnership Agreement.
Regarding pharmaceutical patents and the regulation of healthcare, topics covered by the negotiations include commitments by participants to provide additional protections, including:
The regulatory authority
Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS)
Principal responsibilities. COFEPRIS is part of the Ministry of Health (Secretaria de Salud) and is responsible for enforcing the regulatory framework relating to medical products.
COFEPRIS is in charge of protecting public health by ensuring the safety, efficacy and security of human drugs, biological products, medical devices, health services, food and beverages, tobacco, cosmetics, pesticides, fertilisers and any other substance that can be a risk to the population. Specifically, COFEPRIS’ responsibility is to exercise sanitary regulation, control and promotion through the:
Online resources
Federal Commission for Protection against Sanitary Risk (Comisión Federal para la Protección contra Riesgos Sanitarios) (COFEPRIS)
W www.cofepris.gob.mx (for translation, use the browser’s translation option)
Description. The official website of the COFEPRIS provides information related to chemical drugs, biological products, medical devices, including the corresponding legal framework, lists of marketing authorisations and official forms. Translation is for guidance only. The website of the COFEPRIS is not 100% reliable as it is not frequently updated.