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Navigating Brand Restrictions, Sustainability, AI, and Anti-Counterfeiting with Myrtha Hurtado Rivas of Nestlé

On this episode of IP Fridays, I had the pleasure of interviewing Myrtha Hurtado Rivas, the General Counsel for Brands, Marketing Properties, Licensing, and Anti-Counterfeiting at Nestlé. Our conversation delved into several pressing issues in the field of intellectual property (IP), including brand restrictions, sustainability claims, artificial intelligence (AI), and anti-counterfeiting challenges. Here are the key takeaways from our engaging discussion:

Brand Restrictions: Impact on Businesses and Consumer Choice

Myrtha began by explaining brand restrictions, which are often implemented by governments to nudge consumers toward healthier or more environmentally friendly choices. These restrictions can take various forms, such as prohibiting certain branding, implementing traffic light labeling systems (e.g., for sugar or fat content), or even banning toys associated with products, like Kinder Eggs in certain countries.

One of the biggest challenges of brand restrictions is the impact on consumer choice and business innovation. Myrtha pointed out that limitations on brand usage, including packaging and advertising, can sometimes inadvertently stifle consumer access to safer products and even hinder efforts to combat counterfeiting.

During her recent moderation of a panel on brand restrictions at the International Trademark Association (INTA) annual meeting, Myrtha emphasized that these restrictions are not only a problem for brand owners but also limit consumers’ freedom to make informed choices. Brand restrictions, when applied broadly, also pose challenges for IP professionals trying to maintain consistency across markets, especially in smaller countries where product variations could make it economically unviable to continue offering the same products.

Sustainability and Green Claims: Defining the Difference

We also discussed the increasingly important topic of sustainability claims and green claims. While these terms are often used interchangeably, there are distinctions—especially in the legal and regulatory frameworks emerging around them. In Europe, for instance, green claims are commonly discussed in the context of a new Green Claims Directive, which governs the kinds of statements companies can make about their environmental impact.

Myrtha explained that sustainability claims generally cover a broader range of factors, from how products are manufactured to how waste is managed and how packaging is produced. However, there remains a lack of clarity and uniform regulation across jurisdictions, which can lead to confusion and even legal risks for companies making these claims.

At Nestlé, sustainability claims are vetted carefully, and Myrtha’s team plays a central role in ensuring that any statements made are accurate, legally compliant, and aligned with business strategies. The collaboration between IP, marketing, and compliance teams is key in navigating this complex area.

AI in Business: From Early Adoption to Everyday Use

Nestlé has been a pioneer in using artificial intelligence (AI) in its business processes, especially within Myrtha’s legal and IP teams. Myrtha recounted how she has been using AI tools for years, starting with her time in the pharmaceutical industry, where AI was essential in clinical trials and data gathering. Today, AI tools like Copilot and Nest GPT (Nestlé’s internal AI system) are embedded in many of their day-to-day operations.

These tools help with tasks such as negotiation support, summarizing emails, drafting contracts, and data analysis. Myrtha noted that AI significantly enhances efficiency and allows even junior team members to handle more complex tasks with greater accuracy. As a result, teams are better equipped to make business-focused decisions, with AI helping to ensure that the legal aspects are clear and easy to understand for non-lawyers.

Anti-Counterfeiting: A Global and Growing Challenge

One of the key areas of focus for Myrtha at Nestlé is the fight against counterfeiting, particularly in the food and beverage sectors. The rise in counterfeiting has been exacerbated by the economic downturn caused by both the COVID-19 pandemic and the ongoing Russia-Ukraine war, which has driven up the cost of raw materials and made consumers more price-sensitive. As a result, counterfeit products are thriving in the market, especially online.

Myrtha highlighted several challenges related to anti-counterfeiting, including cross-border collaboration, privacy laws, and the difficulty of tracking counterfeit products across various online marketplaces. She also pointed out that counterfeiters have become increasingly sophisticated, often operating in countries where law enforcement is limited. In some cases, counterfeiters even use the same production facilities as legitimate manufacturers, making it harder to shut down these operations without affecting legitimate goods.

Nestlé’s approach to counterfeiting is built on collaboration with governments, law enforcement, and other stakeholders. However, the company faces hurdles such as lenient punishments for counterfeiters and cultural acceptance of counterfeit goods in certain markets.

Key Takeaways for Startups and SMEs on Anti-Counterfeiting

Towards the end of our conversation, I asked Myrtha for her top three recommendations for businesses, especially startups and small-to-medium enterprises (SMEs), that are looking to protect themselves from counterfeiting. Here’s what she shared:

1. Anti-counterfeiting is everyone’s responsibility: It’s not just the legal department’s role; the entire company, from the CEO down to the operational staff, needs to be on board with the strategy.





2. Collaboration is key: Whether with competitors, consumers, or government authorities, businesses must work together to tackle the global counterfeit market effectively.





3. Leverage your entire team: Often, junior team members, paralegals, and assistants play a crucial role in gathering data, monitoring activity, and supporting anti-counterfeiting efforts. Every member of the team should be trained and empowered to contribute.

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In conclusion, this interview with Myrtha Hurtado Rivas provided invaluable insights into how a global giant like Nestlé navigates complex IP challenges, from brand restrictions to anti-counterfeiting. Whether you’re a large corporation or a startup, these insights are applicable across industries and highlight the need for collaboration, transparency, and innovation in tackling today’s most pressing IP concerns.

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Myrtha Hurtado Rivas: Hi, this is Myrtha Hurtado Rivas. I’m the General Counsel for Brands, Marketing Properties, Licensing, and Anti-Counterfeiting at Nestlé. And you’re listening to IP Fridays.

Rolf Claessen: Today’s interview guest is Myrtha Hurtado Rivas. She is the General Counsel, Brands and Marketing Properties, Licensing, and Anti-Counterfeiting at Nestlé. Thank you very much for being on the show.

Myrtha Hurtado Rivas: My pleasure to be here.

Rolf Claessen: So we both just attended the INTA annual meeting in Atlanta, where not only trademark professionals go, but basically all IP professionals gather there. It’s just the biggest meeting of all IP meetings, and also the patent and design people come there.

You are on the Brand Restrictions Committee of INTA. And I first want to talk about that. So maybe first of all, can you briefly explain what brand restrictions are and how they are hurting businesses?

Myrtha Hurtado Rivas: Sure. Thanks for raising that question. So brand restrictions essentially can take many different forms. But in essence, what it is, is that governments or authorities try to nudge consumers into making more healthy choices. So that can be either when they choose an infant formula, for instance, a product where some authorities are convinced that it’s better to breastfeed children instea