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In brief

The National Agency of Medicines, Food and Medical Technology (ANMAT) issued Disposition No. 6924/2022 (“Disposition“) on 30 August 2022. The same provides some clarifications regarding the advertising, promotion and/or sponsorship of packaged food and nonalcoholic beverages containing at least one warning seal, including precautionary legends (“Products“). The Disposition will take effect on the same day of its publication in the Official Gazette.


In focus

Law No. 27,642 on the Promotion of Healthy Eating (“Front Labeling Law“) and Regulatory Decree No. 151/2022 (“Decree“), establish some general guidelines regarding the advertising, promotion and/or sponsorship of the Products.

In this regard, the Front Labeling Law provides that if the advertising, promotion and/or sponsorship of the Products is especially directed to children and teenagers, then it will be prohibited. In addition, the offer, commercialization, advertising, promotion or sponsorship of the Products in educational establishments is prohibited. For other cases (i.e., advertising not specifically addressed to children or teenagers), it establishes certain restrictions and guidelines to be followed.

On the other hand, the Decree establishes that ANMAT will be the authority that will supervise and control all advertising, promotion and/or sponsorship of the Products. It also establishes that ANMAT will dictate the necessary clarifying or supplementary rules, considering the media through which the advertising is made, and based on the guidelines established by the Front Labeling Law.

Thus, the purpose of the Disposition is to provide some clarifications and more specific mandatory guidelines that the advertising, promotion and/or sponsorship of the Products must follow. Among others, we highlight the following:

  • The Disposition is applicable to all advertising, promotion and/or sponsorship of the Products — whether domestic or imported — directed to the public and disseminated through traditional or digital means.
  • The same must comply with the ‘General Rules’ approved under Annex I of Disposition No. 4980/2005, but it shall not be covered by the ‘Specific Rules for the Advertising of Food Products’ approved under Annex I of the same Disposition, nor by Disposition No. 7730/2011.
  • Instead, ‘Specific Rules for the Advertising of Food Products Containing at least One Warning Stamp’ (Annex I of the Disposition) are approved.
  • The content of the advertising, promotion and/or sponsorship of the Products must be adapted once the labels have been adapted (in accordance with the deadlines set forth under the Decree).

In case of non-compliance, the owner of the advertised product — and whoever is in charge of the technical management — will be subject to the penalties set forth under Law No. 19,283, Decrees No. 2126/71 and No. 341/92, and Disposition No. 1710/08. Likewise, the owner of the advertised products shall be responsible for guaranteeing that the digital content created and/or disseminated by third parties complies with the Disposition and applicable regulations.

Click here to access the Spanish version.

Author

Esteban Rópolo is an Attorney-at-law and member of the Buenos Aires Bar Association. He was a professor in leading universities in Argentina — including University of Buenos Aires, Argentina Catholic University and Universidad del CEMA — where he taught political economy, foreign trade legal regime and private law. Mr. Rópolo has written a book on competition law and also contributed articles related to his areas of practice.

Author

Roberto Grané is a transactional and regulatory partner in Baker McKenzie’s Buenos Aires office. He has been recognized as a leading practitioner by Chambers Latin America. Clients benefit from his more than 20 years of extensive domestic and international experience. Prior to joining Baker McKenzie, Roberto served as in-house counsel to one of the major telecommunications companies in Argentina, and a law clerk with the Civil Courts of Buenos Aires. He is a professor of contract law at the Buenos Aires University and a visiting professor in several local universities.

Author

Candelaria Munilla is an Attorney-at-Law in Baker McKenzie, Buenos Aires office.

Author

Valentina Salas is an Attorney at Law in Baker McKenzie Buenos Aires office.