The Ministry of Industry, Energy and Mining (MIEM in Spanish) has published a Guide for micro and small food processing companies on food labeling and reformulation. This guide arises from an initiative of the Ministry to collaborate with micro, small and medium-sized food processing companies (MSMEs in Spanish) that face the challenge of food reformulation and labeling to adapt to consumer trends and the most recent regulatory changes.
It has been prepared by the Technological Laboratory of Uruguay (LATU in Spanish) in coordination with the MIEM and in consultation with the Ministry of Public Health (MSP in Spanish).
Month: January 2025
Peru – Indecopi proposes draft technical regulation for labeling of transgenic foods
The National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI in Spanish) published on its website the draft Supreme Decree that approves the Technical Regulation on Labeling of Genetically Modified Foods, as provided by a Ministerial Resolution of the Presidency of the Council of Ministers.
The purpose of the draft Technical Regulation is to establish the rules for the labeling of packaged foods containing genetically modified components, whether domestic or imported, in order to protect consumers’ right to information. According to the proposal, products that include genetically modified components must indicate on their labeling the phrases: “Genetically Modified Food” or “GM Food”. For packages smaller than 10 cm², the acronym “GM” may be used.
Its provisions will apply to producers, manufacturers or importers of packaged foods that fall under the tariff subheadings detailed in Annex 1 of the technical document. The draft regulation seeks to ensure that consumers can make informed and responsible purchasing decisions.
Peru – DIGESA requests the food industry to gradually replace red dye 3 with other natural additives
In view of the pronouncement of the Food and Drug Administration (FDA) of the United States on the food coloring erythrosine, the General Directorate of Environmental Health and Food Safety (DIGESA in Spanish) specified that the studies received by the FDA on this ingredient also known as red 3, causes cancer in male laboratory rats exposed to high levels; but that there is no evidence to show that it causes cancer in humans.
In this context, the FDA has given manufacturers that use this colorant in food until January 15, 2027, to reformulate their products.
In a statement, DIGESA revealed that in Peru no foods with red colorant 3 have been registered that exceed the maximum limits established by the FDA and the international Codex Alimentarius.
However, in view of the FDA’s preventive pronouncement and future evidence, DIGESA requests the food industry to start the gradual replacement of the red coloring by other natural additives, as appropriate, with a deadline until January 15, 2027.
The Ministry of Health has ordered the National Institute of Health -INS/CENAN, to carry out an exhaustive review of the national and international scientific evidence and to analyze if there is additional evidence to date on this additive and its effects on health.
Mexico – Cofepris performs risk analysis on the use of Red No. 3 FD&C dye in food, beverages and medicines
The Federal Commission for Protection against Health Risks (COFEPRIS in Spanish) is aware of the recent decision of the U.S. Food and Drug Administration (FDA) on the revocation of the authorization of the use of the colorant Red No. 3 FD&C, as well as its entry into force.
Therefore, COFEPRIS, taking into consideration the above, is currently performing the risk analysis according to the use, in compliance with Annex III Colorants with ADI (Acceptable Daily Intake) established in the Agreement by which additives and coadjuvants in food, beverages and food supplements, their use and sanitary provisions are determined, which involves a review period and will conclude in the coming weeks.
Regarding medicines, COFEPRIS has instructed its scientific advisory body, the Permanent Commission of the Pharmacopoeia of the United Mexican States, to analyze the use of Red No. 3 FD&C in the additives chapter of the FEUM, specifically in the list of colorants.
Chile – Supreme Court upholds appeal for protection of dietary supplement company
The Supreme Court revoked the sentence issued by the Court of Valparaíso, which rejected the appeal for protection filed by a company dedicated to the commercialization of nutritional and sports food supplements, due to the publications made by the appellant in social networks that would damage its honor and the trust of consumers.
The appellant denounced the violation of her fundamental guarantees, due to publications made in social networks by the appellee that, according to her, seek to denigrate her image, question the safety of the products she sells, attribute fraud or deception to her, and incite the public to amplify the “funa”.
It requested as a precautionary measure the removal of all content published to its discredit on social networks or websites and that the appellee be ordered to refrain from carrying out similar acts in the future.
In his report, the appellant stated that, as a nutritionist, he began to create and disseminate content on the social network TikTok on “fitness” nutrition and review of products according to their nutritional labeling. He indicated that he was informed about the use, abuse and adulteration of supplements, as well as the associated risks due to poor oversight. He explained that part of its content is aimed at preventing the use of supplements of dubious origin, with the purpose of protecting public health. In this context, he arranged for a laboratory analysis of a protein advertised in a product of the appellant, the results of which, he claimed, revealed serious inconsistencies that he disclosed in his social networks. He denied having accused the appellant of committing crimes.
The Court of Valparaíso rejected the precautionary action, considering that the challenged publications and comments are not offensive or injurious to the constitutional guarantees invoked, but constitute a criticism and analysis made by the appellant in his capacity as a nutritionist, protected by the right to freedom to express opinions and to inform. Also, that the recourse for protection is not the way to limit this freedom through censorship, direct or indirect, and that the appellant may exercise other legal actions if the publications constitute crimes or abuses.
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