The Americas

Peru – Health Ministry issues alert on red dye FD&C Red No. 3 banned in food in the U.S

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The Peruvian Ministry of Health (MINSA in Spanish) launched an alert to ask people to avoid the consumption of food and beverages containing the red dye n°3, which “due to its serious health implications (consequences)” has been banned by the U.S. Food and Drug Administration (FDA).

The Minsa confirmed in a statement that last January 15 the FDA “issued a historic ban on its use due to the health risks it represents, particularly its link to cancer”.

It explained that the synthetic dye red No. 3, also known as erythrosine or FD&C Red No. 3, has been commonly used in foods, beverages and medicines to provide a bright red color to products such as candies, cakes, cookies, frozen desserts, icings and some medicines.

Peru – Alcoholic beverage labeling proposed to display warning about cancer risks from alcoholic beverage consumption

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Congressman Idelso Garcia presented a bill that seeks to establish labeling on alcoholic beverages to warn consumers about the types of cancer they may suffer from their consumption. According to the National Institute of Mental Health, around 35% of Peruvians have addiction problems.
Through Bill No. 9973/2024-CR, legislator Idelso García proposes to safeguard consumers’ right to information through the use of informative labels on alcoholic beverages, so as to warn about the possible risks of contracting different types of cancer as a consequence of their ingestion.
To this end, it seeks to amend Article 7 of Law No. 28861, which regulates the Commercialization, Consumption and Advertising of Alcoholic Beverages (Law No. 28681). Through this change, it is provided that in a space of no less than 10% of the total area of the packaging, wrapping and related items, as well as on the labels of the product containers of any liquor, the phrase: “Drinking alcoholic beverages in excess increases the risk of developing various diseases including certain types of cancer”.

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Argentina – Presidency issues Decree simplifying food imports and exports

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As part of the measures being taken by the national government to speed up bureaucratic procedures, Decree No 35/2025, which amends Decree No 2126/1971, which regulates Law 18.284 on the Argentine Food Code, was published today, simplifying and streamlining the sanitary management of imports and exports of food and related products.
The National Administration of Medicines, Food and Medical Technology (ANMAT in Spanish) informs that, as from the publication of this new decree, food products, packaging and materials in contact with food under its competence, which have certification issued by countries considered as high sanitary surveillance or with which economic integration treaties or reciprocity agreements detailed in the decree are in force, may enter the country by presenting an Import Affidavit, as long as they have a marketing authorization or certificate of free sale of the product -or a similar document- approved by the competent health authority of the country of origin, regardless of whether or not the products are covered by national regulations.
ANMAT will soon publish the complementary provisions and procedures to carry out the implementation of this new regulation.

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Argentina – ANMAT publishes changes in the front labeling of packaged foods

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The National Administration of Drugs, Food and Medical Technology (ANMAT in Spanish) has published 2 new Resolutions 11378/2024 and 11362/2024, which amend the Application Manual of Law No. 27642 and Decree 151/22 on the front labeling system.

Resolution 11362/24: Nutritional declaration and advertising restrictions

Introduced the “Application Manual”, which establishes new guidelines for front nutritional labeling. According to this regulation, foods and alcoholic beverages formulated, manufactured and packaged without the presence of the customer must include these seals, provided that they contain added sugars, sodium or fats, either as main or secondary ingredients. In addition, the labeling must detail the amounts of added sugars, saturated fats, total fats, sodium and energy in the ready-to-eat product.
Regarding advertising, it is prohibited to include on the packaging any type of endorsement granted by civil or scientific associations, as well as the use of children’s characters, promises of prizes, contests or events. In short, the product cannot be promoted through elements that condition the purchase decision outside the genuine interest of the consumer.

Resolution 11378/24: Restrictions for products aimed at minors

It establishes the prohibition of advertising, promoting or sponsoring packaged food and alcoholic beverages that are especially aimed at children and adolescents.
The annex of this provision emphasizes advertising methods, requiring that the labels be visible and proportional to the size of the container. In the case of audiovisual advertising, they must remain on screen for a sufficient time, avoiding inducing errors or confusion in consumers.

Current regulations and transition
Products that are already labeled according to the previous regulations will continue to be marketed until stock runs out. From then on, companies will have to adapt to the new provisions established in provision 11362/2024.

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ANVISA updates guidelines for toxicological evaluation of pesticides

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The National Health Surveillance Agency (ANVISA in Portuguese) Anvisa has published updated versions of guidelines for evaluating the mutagenic potential, carcinogenic potential, neurotoxicity and reproductive toxicity of pesticides.

The guidelines provide guidance on the toxicological evaluation of pesticides, which encompasses the assessment of various outcomes and is carefully conducted by the Agency, both during product registration and during a possible reanalysis.

In addition, the guides express ANVISA’s understanding of best practice in relation to procedures, routines and methods considered appropriate to meet the technical or administrative requirements mandated by the Agency’s legislative and regulatory frameworks.

Guide 66/2023 – version 2 – Guide to the Assessment of the Mutagenic Potential of Pesticides

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Guide 67/2023 – version 2 – Guide for the Evaluation of the Reproductive Toxicity Potential of Pesticides

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Guide 68/2023 – version 2 – Guide for the Evaluation of the Carcinogenic Potential of Pesticides

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Guide 69/2023 – version 2 – Guide for the Evaluation of Neurotoxicity Associated with Pesticides

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