Author: infoAlimentario

Chile – Nestlé files an appeal for protection against the decree that regulates a new message to promote healthy living in food advertising

/ infoAlimentario

The Court of Appeals of Santiago admitted for processing an appeal for protection filed by Nestlé against the Ministry of Health, for Decree No. 24 which regulates the characteristics of the message that promotes healthy lifestyle habits in food advertising, which will enter into force on April 11, 2025.

Nestlé argues that the decree is of exclusive competence of the President of the Republic and that, being a regulatory norm, it has been issued outside the constitutional framework.

The appeal for protection questions the substantial modification of the advertising message on food products, changing from a phrase promoting “moderate consumption” to one prohibiting its consumption, without justification or prior public consultation.

It considers that the change in the legend of the products, from “Prefer food with less seals” to “Avoid its consumption”, is presented as arbitrary and without technical support. It adds that no studies were presented to justify the change, which seriously affects the constitutional rights of the companies that commercialize these products, which carry out legitimate economic activities under the regulations in force.

Brazil – The High Court of Justice authorizes the importation of seeds and the cultivation of cannabis exclusively for medicinal, pharmaceutical and industrial purposes

/ infoAlimentario

The First Section of the Superior Court of Justice (STJ in Portuguese), in , considered it legally possible to grant sanitary authorization for the sowing, cultivation and commercialization of industrial hemp – a variation of Cannabis sativa with a tetrahydrocannabinol (THC) content of less than 0.3% – by legal entities, for exclusively medicinal and pharmaceutical purposes.

For the collegiate, however, the authorization must comply with the rules that will be published, within a maximum period of six months (from the publication of the ruling), by the National Health Surveillance Agency (Anvisa) and by the Union, within the scope of their competences.

Among other reasons, the First Section considered that the low THC content present in industrial hemp eliminates the possibility of psychoactive effects and, therefore, distinguishes the plant from marijuana and other variations of cannabis used for drug production. Consequently, the panel understood that hemp is not subject to the prohibitions established in the Drug Law (Law 11.343/2006) and other regulations, and its cultivation is possible in the national territory.

Mexico – President Sheinbaum, defends that food labeling is fundamental

/ infoAlimentario

The President of the Republic, Claudia Sheinbaum, called on the Supreme Court of Justice of the Nation (SCJN in Spanish) to “protect health, in legal terms”, after being questioned about appeals filed against food labeling.

During her morning press conference, the mayor was questioned about the Court’s decision to postpone a resolution of the appeals filed by companies and affirmed that “labeling is something fundamental”, and highlighted that even “the most neoliberals” talked about the importance of information for the consumer.

For further information, you can access the original source in Spanish

Brazil – Supreme Court of Justice considers a legal limit of 1% for labels to report the presence of GMOs

/ infoAlimentario

The Second Chamber of the Superior Court of Justice (STJ in Portuguese) ruled unanimously on the legality of Decree 4,680/2003, which establishes a 1% limit for manufacturers of food products sold in Brazil to be obliged to inform, on labels, the presence of genetically modified organisms (GMOs).

The Federal Public Ministry and the Brazilian Institute of Consumer Protection (IDEC in Portuguese) filed a public civil action against the Union to question the legality of Decree 3.871/2001, which regulated the labeling of foods containing transgenic products up to 4% of their composition. . During the process, the original decree was replaced by Decree 4.680/2003, which reduced from 4% to 1% the limit that makes consumer information on the presence of GMOs mandatory.

Brazil – New food labelling guide for family agribusiness

/ infoAlimentario

Researchers from the Federal Institute of Pará (IFPA in Portuguese), Marabá Rural Campus, created the booklet: “Food Labeling: Guidelines for the preparation of food labels in family agribusiness”, available for free at the link. The objective is to provide examples and instructions for the preparation of labels for products such as honey, fruit pulp, dulce de leche, dehydrated fruits and herbs, liqueur, cupuaçu cream, tucupi and free-range chicken eggs.

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