The National Health Surveillance Agency (ANVISA in Portuguese) has published Regulatory Instruction No. 369/2025, which amends Regulatory Instruction No. 211 of March 1, 2023, establishing the technological functions, maximum limits and conditions of use of food additives and technological adjuvants authorized for use in food.
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Brazil – ANVISA extends for 45 days the public consultations on draft regulations for new food ingredient specifications
The National Health Surveillance Agency (ANVISA in Portuguese) has extended by 45 more days the deadline for submitting contributions to Public Consultation No. 1.324/2025, on the proposed Normative Instruction establishing the specifications of identity, purity and composition of food ingredients authorized for use in food, and to Public Consultation No. 1,325/2025, which addresses the proposed Resolution of the Board of Directors amending RDC No. 243/2018, RDC 839/2023 and Normative Instruction No. 28/2018.
It should be recalled that DRC No. 243/2018 establishes the sanitary requirements for food supplements and that DRC No. 839/2023 addresses the verification of the safety and authorization of use of novel foods and ingredients. Regulatory Instruction No. 28/2018 establishes the lists of components, limits of use, declarations and supplementary labeling for food supplements.
The proposals continue with measures to modernize the regulatory framework, flows and procedures for novel foods and novel ingredients.
Brasil – Federal Regional Court confirms Anvisa’s competence to regulate the advertising of foods with high sugar, salt and fat content
The Federal Attorney General’s Office (AGU in Portuguese) obtained another favorable court ruling confirming the validity of the resolution of the National Health Surveillance Agency (ANVISA) (RDC N 24/2010) on the advertising of foods considered harmful to health. These include foods high in sugar, saturated fats, trans fats and sodium, as well as beverages with low nutritional value. The decision of the 11th Chamber of the Federal Regional Court of the 1st Region (TRF1) rejected a lawsuit filed by a commercial entity against the Anvisa rule and upheld the validity of the ruling. In 2023, the 6th Chamber of the TRF1 also rejected a similar claim, preserving the regulatory agency’s powers.
Anvisa’s resolution determines that the advertising of these foods must clearly identify the high content of these nutrients in the advertising pieces, in addition to containing a warning that consuming them in large quantities increases the risk of health damage, such as the development of obesity, diabetes and heart disease.
The validity of the regulation was challenged by the Brazilian Association of Soft Drinks and Non-Alcoholic Beverages Industries (ABIR in Portuguese) as unconstitutional and illegal due to its violation of the principles of freedom of communication and legal reserve. The association claimed that Anvisa had infringed the jurisdiction limited to federal law by imposing health warning clauses in the advertising of certain foods, without due scientific proof of their harmful effects.Chamber of the Federal Regional Court confirms Anvisa’s competence to regulate the advertising of foods high in sugar, salt and fat.
Argentina – Avocado oil is added to the Argentine Food Codex
By means of Joint Resolution 32/2025, the Secretariat of Health Management and the Secretariat of Agriculture, Livestock and Fisheries have modified the Argentine Food Code to incorporate avocado oil into Article 528.
The regulation establishes that the oil must come from the mesocarp of the Persea americana fruit or from the processing of the whole fruit by exclusively mechanical means. The use of additives is not permitted and specific quality standards are set, such as a predominance of oleic acid of 42% to 75%, a peroxide index of less than 10 meq O/kg and standardized physicochemical parameters. The product stands out for its nutritional properties and represents a diversification opportunity for the Argentine agri-food sector.
Argentina – Canaryseed incorporated into the Argentine Food Code
By means of Joint Resolution 32/2025, the Secretariat of Health Management and the Secretariat of Agriculture, Livestock and Fisheries have modified the Argentine Food Code to include canaryseed in article 660.
The incorporated canaryseed must be duly identified with the corresponding variety and bear the legend “Suitable for human consumption”. From a nutritional point of view, the grain has a protein content 5% higher than wheat and does not contain gluten, which positions it as a promising ingredient for functional foods and special diets.
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