Mexico – NOM-051: Changes coming that will impact all food and beverage advertising

The new procedures and costs for food and beverages with seals will be disclosed in the next few days.
New year, new reforms. The food and beverage sector is already attentive to the federal government’s provisions that will come into effect on March 8 and will impact all products regulated by NOM-051.

Peru – Standard on processing and marketing of Special Regime Foods for vulnerable populations approved

The Plenary of the Congress approved by majority, the Law that regulates the elaboration and commercialization of Special Regime Foods for vulnerable populations.

The opinion is based on Bills 1941/2021 and 3253/2022. It was exempted from a second vote; in this regard, the Agrarian Commission presented an opinion of inhibition.

According to the glossary of terms contained in the initiative, Special Dietary Foods “are foods or beverages specially elaborated or prepared to satisfy particular nutritional needs determined by particular physical or physiological conditions and/or specific diseases or disorders and which are presented as such”.

Brazil – Draft Amendment on technical regulation on provisions for packaging, coatings, utensils, lids and metallic equipment in contact with food

Brazilian Health Regulatory Agency (ANVISA) published Draft resolution number 1134, 23 December 2022. This Draft Resolution proposes the modification of the current regulatory framework regarding the technical regulation on provisions for packaging, coatings, utensils, lids and metallic equipment in contact with food.

Peru – Ministry of Health publishes Food Guide messages in Braille system for visually impaired population

As part of the commemoration of World Braille Day, the National Institute of Health (INS in Spanish) through the National Center for Food and Nutrition (CENAN in Spanish) is disseminating educational material to promote the practice of healthy eating messages from the Dietary Guidelines for the Peruvian Population, adapted to the Braille reading and writing system for the visually impaired.

Mexico – Supreme Court refuses to deny injunctions against labeling of products

This week, the Supreme Court of Justice of Mexico (SCJN) will resolve three appeals against the front labeling of industrialized foods. In all cases, the draft rulings order to ratify the constitutionality of this regulation, stating that the right to health of consumers is superior to the interests of the market.

The first of these amparos, filed by the company El corazón del fruto SA de CV, was scheduled to be voted on last year, but the judges of the second chamber decided to postpone it in order to resolve the three cases on the same issue simultaneously.

The other amparos were filed by Herdez SA de CV, and by Santa Clara Mercantil de Pachuca SA.

All the draft rulings coincide in denying the amparos requested, due to the fact that the purpose of the challenged NOM is legitimate: “to avoid the consumption, preferably in minors, of those products containing added caffeine (immediate purpose), since said alkaloid is the one used in carbonated beverages which, as well as other ultra-processed products, are associated with the development of non-communicable diseases, such as diabetes, one of the main causes of mortality in Mexico”, states Minister Alberto Pérez Dayán in one of the proposed rulings.