New Provisions for the Regulation of Health Promotion and Advertising in Honduras
Lia Guerrero, Associate at ARIAS Honduras and expert in Regulatory Law, presents this article about:
Agreement No. 0142-ARSA-2025 approves the General Provisions for the Regulation of Health Promotion and Advertising in Honduras. Its main purpose is to establish rules governing the advertising of products, establishments, and services of sanitary interest, in order to protect public health and prevent misleading or inaccurate advertising.
These provisions apply throughout the national territory and cover both individuals and legal entities engaged in advertising related to products, establishments, or services that may affect health. They also apply to all media channels, including print, audiovisual, and digital media, as well as social networks and e-commerce platforms.
The agreement defines important concepts such as advertising authorization, advertising notice, advertising, preventive messages, and products of health interest. It also states that the Health Regulation Agency (ARSA) will carry out both virtual and on-site controls through the Promotion and Advertising Unit.
In general, the provisions provide that, before any advertising is authorized, the relevant products, establishments, and services must have valid health authorizations in force.
Advertising must meet minimum requirements: it must be consistent with the information approved by ARSA, be in Spanish, use clear language, and be directed only to the authorized audience. Testimonials, if used, must be truthful and not manipulated. The agreement also establishes specific rules depending on the type of product. For example, only over-the-counter (OTC) medicines may be advertised to the public.
In addition, product advertising must prioritize consumer safety and include clear information on composition, possible allergens, instructions for use, contraindications, and warnings where applicable. All advertising containing false, misleading, or exaggerated claims is prohibited, as is advertising that presents products as therapeutic alternatives without proven scientific support.
To regulate advertising, ARSA may carry out inspections, monitoring, surveillance, and enforcement actions, including on digital platforms and social media. If non-compliance is determined, ARSA may order the immediate suspension or removal of the advertising content.
The new advertising regulatory system is organized into three main categories to facilitate compliance according to the type of product and its target audience:
- Category A: Reserved exclusively for products whose advertising may be directed only to healthcare professionals, requiring the filing of an Advertising Notice. This category includes prescription medicines, biological products, controlled substances (for which promotional incentives are prohibited), breast milk substitutes, and specific medical devices. The distribution of medical samples is also strictly regulated at this level.
- B1: Includes nutritional supplements, over-the-counter (OTC) medicines, homeopathic products, cosmetics, and certain medical devices.
- B2: Covers prepackaged foods and beverages, hygienic products, household-use pesticides, and other selected medical devices.
- Category B: Includes products that may be advertised to the general public but require prior Advertising Authorization. It is divided into two subcategories:
- Category C: Includes products that are exempt from obtaining prior authorization for dissemination. However, they must still comply with all the general provisions and rules established in the agreement.
It is important to note that both the advertising authorization and the advertising notice are valid for two years. If the advertising is modified after being approved or notified, it must be resubmitted to ARSA. In addition, if the products health authorization expires, is suspended, or is revoked, all related advertising must be withdrawn immediately.
Finally, the agreement establishes that violations will be sanctioned in accordance with the applicable regulations. It also provides that these rules will enter into force 90 days after their publication in the Official Gazette.