The Americas

Regulatory news in the Americas

Brazil – ANVISA in Portuguese) updates the regulation establishing lists of constituents, limits of use, claims and supplementary labeling of dietary supplements

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The Brazilian National Health Surveillance Agency (ANVISA in Portuguese) published Normative Instruction IN No. 318, which updates Normative Instruction IN No. 28 that establishes the lists of constituents, limits of use, declarations and supplementary labeling of dietary supplements.
It updates:

I – List of constituents authorized for use in dietary supplements, except for dietary supplements indicated for infants (0 to 12 months) or early childhood children (1 to 3 years), established in Annex I.

II – “List of constituents authorized for use in food supplements indicated for infants (0 to 12 months) or young children (1 to 3 years)”, set out in Annex II.

III – “List of minimum limits of nutrients, bioactive substances, enzymes and probiotics to be provided by food supplements, in the daily consumption recommendation and by population group indicated by the manufacturer”, established in its Annex III.

IV – “List of maximum limits of nutrients, bioactive substances, enzymes and probiotics that cannot be exceeded by food supplements, in the daily consumption recommendation and by population group indicated by the manufacturer”, established in Annex IV.

V – “List of claims authorized for use in the labeling of dietary supplements and the respective composition and labeling requirements”, set forth in Annex V.

VI – “List of supplementary labeling requirements for food supplements”, set out in Annex VI.

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Brazil – ANVISA proposes positive lists of substances authorized for the manufacture of regenerated cellulose films intended to come into contact with foodstuffs

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The National Health Surveillance Agency (ANVISA in Portuguese) announces Public Consultation No. 1281, dated 19/09/2024 – Normative Instruction IN on Regenerated Cellulose Films intended to come into contact with food. The IN establishes the positive lists of substances authorized for the manufacture of regenerated cellulose films.

CONSULTA PÚBLICA Nº 1281 COPARDownload

Brazil – New draft Resolution on requirements for regenerated cellulose films in contact with food

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The National Health Surveillance Agency (ANVISA in Portuguese) announces Public Consultation No. 1280 of 19/09/2024 – DRC – sanitary requirements applicable to regenerated cellulose films in contact with food.

CONSULTA PÚBLICA Nº 1280 COPARDownload

Argentina – Food labeling in Argentina. Decoding impacts on the Argentine Food Code

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This work aims to analyze the characteristics of the legislative codification technique in Argentina, and whether, since the enactment of the Food Code to the present, this technique has been affected by a decoding normative evolution, considering the food labeling regime a particular study case. As a result, three lines of legislative alteration or modification distorting the mentioned technique re identified. This generates inconsistencies and ambiguities in the legislation, and consequent negative effects on the application, compliance and understanding of food regulations in the industry.

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Mexico – Cofepris recognizes Supreme Court decision in favor of front labeling on food and beverages

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The Federal Commission for the Protection against Health Risks (COFEPRIS in Spanish) recognizes the decision of the Supreme Court of Justice of the Nation (SCJN Spanish) to reiterate the constitutionality of the provisions that regulate the front labeling for prepackaged foods and non-alcoholic beverages, to indicate products that exceed the maximum limits of energy content, added sugars, saturated fats, sodium and other critical nutrients and ingredients established by such provisions.

In this sense, the plenary of the highest court of the country determined that front labeling fulfills a constitutionally valid purpose, by inhibiting or discouraging the consumption of certain foods to avoid chronic non-communicable diseases; to make effective the right to nutritious, sufficient and quality food, as well as to protect the right to health of the population.