The Supreme Court of Justice postponed indefinitely clarifying whether the new nutritional labeling with warning seals, implemented as of 2020, and challenged by the food and beverage industry, is Constitutional.
The Second Chamber of the Court agreed yesterday to send to the Plenary of the court for final resolution three amparos promoted by the companies Herdez, Del Monte, McCormick de México, Santa Clara and Desde el Corazón del Fruto, which question both the 2019 reform to the General Health Law (LGS) to require labeling on the front of the products, and the changes to the Mexican Official Standard (NOM) that imposed the system of seals.
Ministers Yasmín Esquivel and Alberto Pérez Dayan presented projects that deny the amparos to the companies, so that, in the Chamber, only an additional vote was necessary to approve such proposals.
However, Court sources informed that, in the private session, there were important objections against the projects.
Now, in the Plenary, the vote of four other justices, in addition to Esquivel and Pérez Dayan, will be needed to deny the amparos.
However, once they are sent to the Plenary, the President of the Court, Norma Piña, is the one who will determine the priority that will be given to these matters, which could be voted on this month, six months or a year from now.
The bills argue that the government’s measures are proportional, necessary, appropriate, fulfill a constitutionally valid purpose and do not violate the right to freedom of trade.