PUERTO VALLARTA, Jalisco, Sept. 18, 2026 — A Nayarit lawmaker has proposed new enforcement against advertising that sells beaches or ocean access as private or exclusive.
Morena lawmaker Beatriz Andrea Navarro Pérez wants Profeco to police those claims across property listings, hotel advertisements, booking platforms, memberships and timeshare promotions.
The initiative was referred to the Chamber of Deputies’ Economy, Commerce and Competitiveness Committee. It has not changed current law.
Local impact around Banderas Bay
For consumers in Puerto Vallarta, Bucerías, Nuevo Nayarit and Punta de Mita, the proposal targets how coastal access is marketed before a purchase or reservation.
It would not make hotel pools, beach chairs, gated grounds or other private amenities public. The measure addresses claims suggesting that a business owns a beach or can grant exclusive control over the shoreline.
That distinction has become a recurring issue around the bay. PVDN previously reported on access restrictions near Maestro Flamingos in Nuevo Nayarit and a blockade connected to a Punta de Mita beach-access dispute.
Puerto Vallarta’s municipal government also considered a local plan in January to identify and protect public beach routes.
Friday’s local account of Navarro’s proposal also cited an incident near Decameron Los Cocos in Bucerías.
Beachgoers alleged that a hotel worker asked them to leave an area described as private. A video reportedly showed the worker removing their volleyball net.
PVDN has not independently authenticated that video. The account did not include a response from the hotel.
The proposed Profeco powers
According to national reporting on the initiative, Navarro is seeking five specific enforcement tools.
Profeco would conduct permanent monitoring of websites, booking platforms and social networks. It could order the removal of advertisements using misleading private-beach claims.
The agency could also begin investigations and sanctions without waiting for a consumer complaint. A semiannual list would identify companies complying with the rules.
The proposal also calls for coordination among Profeco, Semarnat, the federal Tourism Ministry and state governments.
“Private beaches do not exist,” Navarro said. She argued that beaches belong to Mexico and its people.
Navarro asserted that consumers can pay premiums of up to 40% for properties or services marketed with private-beach access. The public reports reviewed by PVDN did not identify the data behind that estimate.
“This is not about opposing investment or tourism,” she said. Navarro described the measure as a consumer-protection proposal intended to require truthful advertising.
Federal law already protects beach access
Our review of current federal statutes found that separate laws already govern beach access and advertising.
The General Law of National Assets classifies maritime beaches and the adjoining federal maritime zone as common-use federal property.
Article 8 allows everyone in Mexico to use common-use property within limits established by law. It also says beach access cannot be inhibited, restricted, obstructed, or conditioned except under regulations.
When no public road or access exists, Article 127 requires adjoining landowners to permit passage along a route agreed upon with Semarnat. The law provides for compensation to the property owner.
That provision does not authorize beachgoers to choose any route across private property. It establishes a formal process for creating the required passage.
Article 154 allows fines ranging from 3,000 to 12,000 times the daily Unit of Measurement and Update for blocking or conditioning access. Repeat violations can cost concession holders their federal permits.
A hotel or condominium may therefore control its private property and amenities. That control does not convert the beach or federal maritime zone into private property.
Profeco already regulates misleading advertisements
The current Federal Consumer Protection Law also gives Profeco broad authority over advertising.
Article 32 requires advertisements to be truthful, verifiable, and clear. It prohibits descriptions that could mislead consumers through false, exaggerated, partial, or deceptive presentations.
Article 35 allows Profeco to suspend or correct advertising that violates the law and impose applicable sanctions. Article 24 already directs the agency to coordinate with other authorities against misleading advertising.
Navarro’s proposal would make private-beach claims an explicit enforcement priority. It would also require proactive online monitoring and public reporting on compliance.
The bill targets the promise made to a buyer, renter, or hotel guest. Existing shoreline rights and the process for establishing access across adjoining land would remain governed by the General Law of National Assets.
