The Santiago Court of Appeals has dismissed the appeals filed against the decree from the Ministry of Health, which altered the message “Prefer foods with fewer labels” that must be included in advertising campaigns for foods labeled as high in calories, fats, sugars, or salt, replacing it with the new statement “Food with ‘high in’ label, avoid its consumption”.

In a unanimous ruling (case role 1.276-2025), the Third Chamber of the appellate court –composed of Ministers Paula Hasbún, María Paula Merino, and attorney (i) Jorge Gómez– rejected the economic protection appeal submitted by Ideal SA, concluding that the change in messaging, aimed at informing consumers about public health and healthy nutrition, does not adversely impact the economic activities of the appellant.

According to the court: “Thus, these guidelines are the directives that shape public policies regarding food, which were undoubtedly considered in determining how the message should be conveyed as specified in the contested decree, so that such inputs are part of the reasoning that the appellant finds lacking, thus this section cannot succeed either.”

“It is important to highlight that the contested decree does not prevent the appellant companies from conducting their commercial activities, nor from marketing their products, nor does it impose any disproportionate or discriminatory restrictions within the context of the general health regulations applicable to all industry participants, as it only modifies the message that must be used in the advertising of ‘High in’ products that will be employed in mass media specifically indicated, such as television, radio, print, and those displayed in public spaces and on the internet, all aimed at more effectively guiding the population on such a sensitive issue as nutrition,” it concludes.