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Peru: Draft Supreme Decree proposing updates to certain technical parameters in processed foods is published for comment

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In brief

On 19 July, the Ministry of Health published for public comment a draft Supreme Decree (“Draft“) that aims to modify the technical parameters for sugar, sodium and saturated fats content in processed foods that are contained in the “Regulation of the Law on the Promotion of Healthy Eating for children and adolescents” and in the “Advertising Warnings Manual“. The Draft will enter into force 12 months after it is approved.

In depth

The new technical parameters would be as follows:

Technical parameters for the application of advertising warnings
SodiumGreater than or equal to 100 mg/100 kcal of product
Sugar
in solid foods or beverages		Greater than or equal to 10 kcal/100 kcal of product
Saturated fats
in solid foods or beverages		Greater than or equal to 10 kcal/100 kcal of product
Sodium
in breast milk substitutes and complementary baby foods for feeding children		Greater than or equal to 60 mg/100 kcal of product
Sugar
in breast milk substitutes and complementary baby foods for feeding children		Greater than or equal to 0 kcal/100 kcal of product
Saturated fats
in breast milk substitutes and complementary baby foods for feeding children		Greater than or equal to 10 kcal/100 kcal of product

In addition:

  • The regulation on advertising warnings for breast milk substitutes and complementary infant foods would be extended.
  • The definition of “sugar” would be modified to include those naturally present in honeys, syrups, juices, and the like.
  • The technical parameters for sugar and saturated fats content would be calculated based on calories and not mass.

You can find the full text of the Draft here.

As proposed, the modifications appear to lack adequate technical support and could violate international and local standards on technical regulations (World Trade Organization/Andean Community).

If the Draft is approved, a large number of processed food products will be required to provide advertising warnings on sodium, sugar and saturated fats content.

Do not hesitate to contact us to request advice or to give us your comments on the Draft. Comments are due to the Ministry of Health by 16 October, 2022. Interested parties may also email suggestions, comments or recommendations on the Draft directly to webmaster@minsa.gob.pe.

We hope that this information is useful to you.

Spanish version

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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

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Teresa Tovar leads the Antitrust and Competition, Compliance and TMT groups in the Firm's Lima office, where she has been partner since 2007. She is also currently a member of Baker McKenzie's Latin America Antitrust and Compliance Steering Committees.

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Crosbby is a senior associate and has more than nine years of experience in competition law, advertising and regulation, both in the private and public sectors, which allows having a holistic view of the difficulties of our clients. He has participated in the most important investigations and procedures in competition law in Peru. Different law firm rankings have highlighted his work in the field of competition law and telecommunications, due to his deep knowledge in the subjects. Crosbby also has knowledge in microeconomics, which allows him to have a multidisciplinary approach in competition law that is an advantage for our clients. He also has solid technical knowledge in the field of telecommunications. Crosbby is in charge of legal counselling in competition matters, advertising regulation, consumer protection, telecommunications and data protection. In the same way, he is in charge of the defense of our clients in different proceedings before INDECOPI and OSIPTEL.

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