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Selling soft drinks, waters and energy drinks in Mexico

In Mexico, prepackaged non-alcoholic drinks are labelled to NOM-051-SCFI/SSA1-2010, with front-of-pack seals set per 100 mL. Flavoured drinks and drinks with added caffeine also meet NOM-218-SSA1-2011, which caps caffeine at 33 mg per 100 mL and sets warning legends. Packaged water and ice follow NOM-201-SSA1-2015.

Updated · Each section links to the official source it comes from

Label rule
NOM-051-SCFI/SSA1-2010
Flavoured and caffeinated drinks
NOM-218-SSA1-2011
Water and ice
NOM-201-SSA1-2015
Caffeine cap
33 mg per 100 mL in drinks with added caffeine
Seals for liquids
Per 100 mL, with a sodium seal for calorie-free drinks
Language
Spanish

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is it a flavoured drink, a drink with added caffeine, or water? Read more
  2. 2What has to be on the label, in Spanish? Read more
  3. 3Which seals and legends does it need per 100 mL? Read more
  4. 4If caffeine is added, is it within the cap and does the label carry the legends? Read more
  5. 5How does it come into Mexico, and who answers for it there? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Labelling under NOM-051

The particulars every prepackaged non-alcoholic drink carries.

  • NOM-051-SCFI/SSA1-2010 covers prepackaged non-alcoholic drinks of national and foreign manufacture sold to consumers in Mexico.
  • The label gives the name, ingredients with allergens, net content, the responsible party's name and tax address, country of origin, lot, date marking and the nutrition declaration, in Spanish.
  • Energy is declared per 100 mL and for the whole container; drinking water and natural mineral water are exempt from the nutrition declaration unless they make a nutrition or health claim (4.5.2.3).
  • The brand, quantity, name and front-of-pack labelling appear on the principal display panel (4.7.1.5).

How we help: Compliant Always sets each NOM-051 particular beside your label, clause by clause, before artwork is signed off. Ask about this

Warning seals and legends for drinks

How the front-of-pack system applies to liquids.

  • For liquids, Table 6 sets the profiles per 100 mL: 70 kcal or more in total, or 8 kcal or more from free sugars, with saturated fat, trans fat and sodium judged as for solids.
  • A calorie-free drink carries the "EXCESO SODIO" seal at 45 mg of sodium or more per 100 mL.
  • Drinks containing sweeteners carry "CONTIENE EDULCORANTES, NO RECOMENDABLE EN NIÑOS"; drinks with added caffeine in any amount carry "CONTIENE CAFEÍNA EVITAR EN NIÑOS".
  • Returnable containers used for more than one product or flavour show one seal with the number of nutrients exceeded on the outside of the cap (4.5.3.4.3).
  • The second phase of the profiles runs to 31 December 2027; the third, from 1 January 2028, applies section 4.5.3 and Table 6 in full.

How we help: Compliant Always reads your nutrition figures per 100 mL against the profile in force and shows which seals and legends the bottle or can needs. Ask about this

Flavoured drinks and caffeine

The sanitary rules for flavoured drinks and drinks with added caffeine.

  • NOM-218-SSA1-2011 sets sanitary requirements for flavoured non-alcoholic drinks (including sports drinks), their frozen forms, concentrates to prepare them, and drinks with added caffeine; it binds those who process or import them.
  • A drink with added caffeine is one with more than 20 mg of caffeine per 100 mL; it does not include coffee, tea or herbal infusions.
  • Drinks with added caffeine may not contain more than 33 mg of caffeine per 100 mL (6.3).
  • The ingredients list declares the caffeine and its source, followed by the exact content in mg/100 mL (11.2.1).
  • The label carries "No consumir más de ___ unidades al día", so that caffeine from the drink never exceeds 165 mg a day, and, boxed in larger letters, a warning that it is not recommended for children under 12, pregnant or breastfeeding women, people sensitive to caffeine, or mixing with alcoholic drinks (11.6.3).

How we help: Upload a lab report and Compliant Always reads the caffeine result against the cap and checks the daily-units legend against it. Ask about this

Packaged water and ice

The NOM for water and ice sold for drinking.

  • NOM-201-SSA1-2015 sets the sanitary characteristics and specifications for water and ice for human consumption sold prepackaged or in bulk, and for the establishments that process or import them.
  • It binds those who process or import water and ice for human consumption in Mexico.
  • Compliance is overseen by the Secretaría de Salud and the state governments, each within its remit (11.1).

How we help: Compliant Always keeps the water analyses with each lot and shows when the next one is due. Ask about this

Import and enforcement

How drinks come into Mexico, and who checks them.

  • Non-alcoholic drinks are under sanitary control for processing, import and export (Article 194, General Health Law).
  • The importer must be domiciled in Mexico; COFEPRIS may sample imported products at random, and products new to Mexico are sampled before entry (Articles 285 and 286 Bis).
  • PROFECO, COFEPRIS and the other competent authorities verify NOM-051; PROFECO may suspend sales, order withdrawal and issue alerts (Article 25 Bis, Federal Consumer Protection Law).

How we help: Compliant Always keeps the import documents and lab reports with each shipment, and shows what expires before the next one. Ask about this

Who answers for what

WhoWhat they answer forHow we help
BrandThe label, seals, legends and claims.The label checked against NOM-051 and NOM-218, with the evidence behind it.
Bottler or manufacturerComposition, caffeine content, hygiene and lot coding.Lab reports and specifications kept by lot.
ImporterBeing domiciled in Mexico, the import documents and its details on the label.Supplier documents read and dated before the goods arrive.

Federal rules and the states

Product rules in Mexico are federal: the General Health Law, the Federal Consumer Protection Law and the Normas Oficiales Mexicanas apply across the national territory.

Health surveillance is shared. Under the General Health Law, a notice of operation (aviso de funcionamiento) goes to the Secretaría de Salud or to the government of the state (entidad federativa), and several sanitary NOMs are enforced by COFEPRIS and the state governments together.

Questions businesses ask

Which NOM applies to energy drinks in Mexico?
NOM-218-SSA1-2011, which covers drinks with added caffeine (more than 20 mg per 100 mL) as well as flavoured drinks. Labelling also follows NOM-051-SCFI/SSA1-2010.
What is the caffeine limit for drinks in Mexico?
Drinks with added caffeine may not contain more than 33 mg of caffeine per 100 mL (NOM-218-SSA1-2011, 6.3).
Which warnings must a caffeinated drink carry in Mexico?
"CONTIENE CAFEÍNA EVITAR EN NIÑOS" under NOM-051, a maximum daily units statement keeping intake under 165 mg, and a boxed warning for children under 12, pregnant or breastfeeding women, caffeine-sensitive people and mixing with alcohol.
When does a drink get an "EXCESO AZÚCARES" seal?
Where a drink with added sugars meets the liquid profile in NOM-051: 8 kcal or more from free sugars per 100 mL.
Do calorie-free drinks carry warning seals?
A calorie-free drink carries "EXCESO SODIO" where it has 45 mg of sodium or more per 100 mL. Drinks with sweeteners carry the sweetener legend.
Does bottled water need a nutrition declaration in Mexico?
No. Drinking water and natural mineral water are exempt from the nutrition declaration under NOM-051, provided they make no nutrition or health claim.
Which NOM applies to bottled water and ice?
NOM-201-SSA1-2015, which sets sanitary specifications for water and ice for human consumption, prepackaged or in bulk, and for those who process or import them.
Must drink labels be in Spanish?
Yes. NOM-051 requires the mandatory information in Spanish; other languages may be added alongside.
How are seals shown on returnable bottles?
Where returnable containers are used for more than one product or flavour, one seal with the number of nutrients exceeded goes on the outside of the cap (NOM-051, 4.5.3.4.3).
Who enforces drink labelling in Mexico?
PROFECO, COFEPRIS and other competent authorities, each within its remit, under section 8 of NOM-051.
How does Compliant Always help with selling in Mexico?
Our team reads the rules for the markets you sell in, including the Normas Oficiales Mexicanas and COFEPRIS requirements. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Mexico and what your paperwork needs to show.

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