April 15, 2022

Argentina’s “Promotion of Healthy Eating Law” is regulated - JD Supra

The Executive branch has issued Decree No. 151/2022 (the "Decree") to regulate the new Healthy Eating Law (the "Law").

The Law establishes the use of front of package labelling (black octagonal stamps). The Law also regulates the marketing, promotion, sponsorship, and the offer of products with excess sugars, fats, and sodium. It also establishes that this type of product should neither have commercial advertising - aimed at boys, girls, and teenagers - on the containers, nor be sold in schools, among other points.

The main points of the Decree are the following:

  • The inclusion of nutrition education in schools to help adopt healthy eating habits and warn against possible harmful effects of unhealthy eating.
  • Excess nutrients are reported through black octagon shapes with white letters. Inside of such labelling the consumer will be able to read the text “excess of”, followed by sugars, total fats, saturated fats, calories, and sodium. One stamp is required for each critical nutrient in excess.
  • Approves the Normativa Gráfica, a guide which sets certain technical graphic specifications, details, stamp characteristics, and precautionary legends.
  • Defines "sugars" and also regulates the use of sweeteners.
  • Limits the use of Children's characters, which must be avoided in packaging or promotions, should be understood.
  • The front-of-pack labelling on the front of the product is mandatory when, in its final composition, the amounts of added sugars, saturated fats, total fats, sodium and/or energy are equal to or superior to the maximum values of the nutrient profile criteria.
  • Activities such as advertising, promotion and/or sponsorship of packaged food and non-alcoholic beverages (that contain a warning stamp), disseminated by any media means, will be under the supervision and control of the National Administration of Drugs, Foods and Medical Devices (“ANMAT”).
  • The Ministry of Health will be the law enforcement authority.
  • The implementation plan will be made in two periods and according to the characteristics of the food and the size of the company.
  • Penalties provided by the Law will be independent of the claims that any individual may file in accordance with the Consumer Protection Law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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source: https://www.jdsupra.com/legalnews/argentina-s-promotion-of-healthy-eating-7406532/

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