Local advertising when franchising in Mexico: clear rules

When franchising a business, an improvised promotion can become a promise that an outlet cannot fulfil. Before allowing third parties to advertise your brand, establish a local advertising procedure. The aim is not to control every post, but to give your franchise network the tools to sell using accurate information, clear responsibilities and workable response times.

1. Distinguish legal obligations from your internal rules

Mexico has specific legislation governing franchises. Article 246 of the Federal Law for the Protection of Industrial Property requires franchise agreements to be in writing and to include, among other things, marketing and advertising policies. These policies should therefore not be left solely to sales discussions or informal instructions.

Article 245 also requires prospective franchisees to receive information about the state of the business at least thirty days before entering into the agreement. Any advertising obligations presented during negotiations must be consistent with the final agreement, particularly where they involve spending commitments or promised services.

The Federal Consumer Protection Law also applies to communications with consumers. Article 32 requires information and advertising to be truthful, verifiable and clear, with no elements that mislead or could cause confusion. Internal approval by the franchisor does not replace this obligation.

If your business is subject to special requirements, as is the case with certain health-related products and services, arrange an additional review of the applicable regulations. Approving a design is not the same as obtaining an advertising permit where one is required.

2. Allocate decision-making responsibilities before producing adverts

Prepare a simple matrix showing what each outlet can publish and what needs review. Avoid two extremes: complete freedom to alter messages, or central approval for every routine detail.

You can organise advertising materials into three groups:

• Ready to use: current materials supplied by the brand, with no changes to their claims, terms or images.
• Limited adaptation: templates in which only the address, opening hours or contact details may be changed, following local verification.
• Mandatory review: new promotions, comparisons with competitors, testimonials, paid partnerships and claims about results or benefits.

Assign responsibility for content, operational feasibility and legal review where appropriate. Also define who publishes the advert, who pays for production and who keeps the approved version, without confusing these tasks with any legal liability each party may bear.

Include digital accounts: who manages them, how access permissions are assigned and what account recovery mechanisms are available. Avoid making access dependent solely on an employee’s personal phone or an external agency.

3. Turn each promotion into a verifiable campaign brief

Before designing an advert, require a campaign brief. Its purpose is to check that the offer can be honoured and that its terms are understandable.

The brief should include:

• The product or service advertised and the participating outlets.
• The total price and what it includes, where applicable.
• The offer period, availability and relevant restrictions.
• The channels to be used and the intended audience.
• Evidence supporting the advertising claims.
• The person responsible for handling queries and complaints.

For example, if an outlet advertises a package with an additional service, confirm that it has the necessary staff and supplies throughout the offer period. If only certain outlets are participating, make this clear; do not present the offer as nationwide.

A generic disclaimer such as “restrictions apply” is no substitute for explaining important conditions. Check that the advert is consistent with the information available before purchase. Do not use testimonials, photographs or exceptional results to imply benefits you cannot substantiate.

4. Establish approval, record-keeping and correction procedures

Design a short workflow: complete submission, review, revisions, explicit approval and publication. Agree realistic deadlines and specify when they start; a submission without a price, offer period or supporting evidence is not yet ready for assessment. Do not treat silence as approval.

Keep a file for each campaign containing the brief, supporting evidence, final advertising material, approval and publication dates. This record makes it possible to identify exactly what was approved, without relying on scattered messages.

Prepare an error-handling procedure too: who can pause adverts, how information is corrected and who deals with affected consumers. Removing a post does not, on its own, remove obligations arising from an offer already advertised; each case requires a review of what was advertised and the applicable law.

Before opening your first franchise, test this workflow with a real campaign for your business. Practical takeaway: have a decision-making matrix, a promotion brief and a correction procedure ready. That way, you can delegate local advertising without blindly entrusting others with your shared reputation.