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In brief

On 31 December 2022, Supreme Decree No. 022-2022-SA was published in the extraordinary digital edition of the official journal El Peruano. The decree extended the deadline by which adhesives (“Stickers“) that incorporate advertising warnings (“Octagons”) on imported food and nonalcoholic beverages (“Imported Food“), including those marketed by micro and small businesses must stop being used.

The extension has been granted until 30 June 2023.

The extension period initially granted for the use of Octagon Stickers on Imported Food expired on 31 December 2022, and this further extension measure was necessary to prevent disruptions in the logistics chain and to consumers. However, this temporary solution does not solve the underlying problem, that is, the dismantling of a ban that illegally and unreasonably restricts the trade of Imported Food.

As we mentioned in our legal alert “Prohibition of the use of adhesives (stickers”) to place octagons on food labeling,” there are a number of questions related to the entry into force of this ban, which the competent authorities must clear during this new extension.

It should also be noted that the extension granted does not affect the complaints filed against this ban before the Commission on Dumping, Subsidies and Nontariff Trade Barriers of INDECOPI, which in the first instance has considered this measure an unreasonable nontariff trade barrier. We expect that the INDECOPI tribunal will confirm its finding in the course of this year.

We suggest that companies that market and/or import Imported Foods proactively take the relevant commercial and legal actions, before the ban on the use of Stickers becomes effective.

Estudio Echecopar has been representing several companies and guilds in the face of this ban that is contrary to trade, and national and international food standards.

If you require advice on the subject, you can contact us.

This alert was first published here.

Spanish version.

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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

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A specialist in foreign trade and customs, Gonzalo has a broad experience in advisory, preventive audits and litigation related with sophisticated trade operations, trade facilitation and investment. His professional expertise includes legal advisory provided to either domestic or international enterprises, specifically related to import and export regimes, customs valuation, tariff classification, rules of origin, trade barriers (sanitary and phytosanitary measures, technical barriers to trade), investment and infrastructure, supply chain management, transport, Free Trade Agreements (FTAs), Regional and Plurilateral Agreements (CAN, MERCOSUR, among others) compliance and WTO law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein


Luis Alonso Garcia has more than 25 years of experience practicing in intellectual property law. Mr. Garcia has been vice minister of Foreign Trade in Peru. He was in charge of the negotiation of intellectual property in the free trade agreement between Peru and the United States. He has successfully led the offices for Peru’s trademarks and patents and has chaired the Court for Intellectual Property in INDECOPI. Mr. Garcia is also an intellectual property lecturer in different universities in Peru.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein


Alvaro Gutierrez is a partner in Estudio Echecopar. He acted as secretary of the Commission of the Andean Community at the General Secretariat of the Andean Community and the Cartagena Agreement Board. Alvaro was part of the Andean Community's team that negotiated an association agreement with the EU's Intellectual Property Chapter and for the Chapter on Intellectual Property in ALCA (America's Free Trade). He was adviser to the vice minister on foreign trade in negotiations for the free trade agreement with the US. Alvaro is also a former vice president of the Peruvian Copyright Office.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

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