Just as warned The Republic Last April, as of July 2023, it will no longer be necessary for food importing companies to register printed octagons on their products, but only “difficult-to-remove” adhesives. The prerogative also reaches mypes.
The decision embodied today in Supreme Decree No. 017-2023-SA of the Ministry of Health (Minsa) comes after, in the third month of the year, the Specialized Chamber in Defense of Competition (SDC) of the indecopi resolve to declare the use of these printed warnings on food and non-alcoholic beverages as an “unreasonable non-tariff trade barrier.”
Consequently, the update of the Manual of Advertising Warnings, within the framework of the provisions of Law No. 30021, Law for the Promotion of Healthy Eating for Children and Adolescents.
The Minsa should have previously defended the use of octagons, but the Chamber itself maintained that “it did not prove that it had identified, before establishing the prohibition, the existence of a problem that the measure sought to solve, nor its suitability.”
“It did not adequately sustain that the measure in question was the least burdensome in comparison with other alternative measures,” said the court, which finally tilts the ground towards the industry again.
The original prohibitions were given in Supreme Decree 012-2018-SA (subnumeral 8.3) that approved the Manual of Advertising Warnings, as well as in article 1 of Supreme Decree 018-2021-SA, article 1 of Supreme Decree 005-2022 -SA and article 1 of Supreme Decree 022-2022-SA.
Source: Larepublica

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