VII. To establish the criteria to impose penalties according to law, as well as to annul, reduce, amend, or commute them whenever in its opinion fairness is preserved, observing at all times the provisions of Articles 132 and 134 of this ordinance;
VIII. To delegate powers of authority and other powers required or desirable upon subordinate public servants, without prejudice to exercising them directly. The pertinent resolutions shall be published in the Official Gazette of the Federation (Diario Oficial de la Federación);
IX. To fix policies and issue rules for the organization and operation of the Agency;
X. To issue the charter of the Agency, once it has been approved by the Minister of Economy, and
XI. Other authorities conferred under this Law and other ordinances.
ARTICLE 28.- The Federal Consumer Attorney shall be appointed by the President of Mexico, shall be a Mexican citizen bearing a law degree, and shall be exceptionally qualified in professional public service or academic matters substantially related to the subject-matter of this Law.
ARTICLE 29.- The labor relationship between the Agency and its workers shall be governed by the Federal Law of Public Sector Employees (Ley Federal de los Trabajadores al Servicio del Estado), which is a regulatory law of Section B) of Article 123 of the Federal Constitution. Executive employees are employees who shall perform managerial, investigative, surveillance, inspection and supervision functions, as well as other functions set forth in said law. Likewise, the employees assigned to the offices of high-ranking officers, the delegates, the assistant delegates and the employees who handle funds and valuables shall be considered executive employees.
ARTICLE 30.- The personnel of the Agency shall be enrolled into the system of the Law of the Social Security and Services Institute of Public Sector Employees (Ley del Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado).
ARTICLE 31.- In order to prepare its working plans and programs, the Agency shall act in consultation with representatives of the public, social and private sectors, with national institutions of higher education, as well as with consumers' organizations. Likewise, it shall render advisory services to the Ministry in matters related to policies that protect consumers, and shall render opinions on the drafts of Mexican Official Standards, and on any other regulatory action that may affect the rights of consumers.
Information and Advertising
ARTICLE 32.- Information and advertising regarding goods, products or services released through any mean or manner, shall be truthful, verifiable, and exempt of texts, dialogues, sounds, images, trademarks, designations of origin, and other descriptions that lead or may lead to mistake or confusion by being either deceptive or unfair.
For purposes of this Law, deceptive or unfair information or advertising shall be understood as that which makes reference to characteristics or information related to any good, product or service that, either truthfully or not, misleads or causes confusion due to the imprecise, false, exaggerated, biased, contrived, or tendentious manner in which it is presented.
Any information or advertising that compares products or services, either of the same trademark or of different trademarks, may not be misleading or unfair under the provisions of the preceding paragraph. The Agency may issue guidelines to verify such information or advertising, in order to prevent consumers to be misled or confused.
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