The International Trade team of Estudio Echecopar, associated with Baker & McKenzie International, obtained an important decision in favor of several importers of processed food and non-alcoholic beverages, members of the Lima Chamber of Commerce, after the Court for the Defense of Competition and Protection of Intellectual Property ratified that the prohibition on the use of octagon adhesives in imported processed food constitutes a non-tariff trade barrier.
On 1 March 2023, a multisectoral committee composed of government ministries decreed that definitive safeguard measures should not be applied to imports of clothing products entered under chapters 61, 62 and 63 of the National Customs Tariff.
Supreme Decree No. 004-2023-SA approved the new “Regulations governing the Medicinal and Therapeutic Use of Cannabis and its Derivatives,” which will enter into force on 1 September 2023.
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 that incorporate advertising warnings on imported food and nonalcoholic beverages, including those marketed by micro and small businesses must stop being used.
The extension has been granted until 30 June 2023.
Decision No. 908 of the Commission of the Andean Community was published in the Official Journal of the Cartagena Agreement N° 5097 on 29 December 2022. Through Decision 908, the provisions of Decision 706 (Harmonization of legislation on household hygiene products and absorbent personal hygiene products) have been amended, in the sense of facilitating imports of these products from third countries.
The deadline that allows the use of adhesives or stickers to attach octagonal advertising warnings on imported processed foods and non-alcoholic beverages (imported foods) in accordance with the healthy eating framework was on 31 December 2022. In the absence of a new extension allowing the use of stickers to date, a number of questions arise, which are addressed in this alert.
Certain importers may continue to use prohibited adhesives
Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual Commission on Dumping, Subsidies and Non-Tariff Trade Barriers has granted the interim measure requested by various importers of industrialized food and beverages and the Chamber of Commerce of Lima to allow the use of adhesives for the posting of advertising warnings on said imported products. See Resolution No. 012-2022/CDB-INDECOPI.
Beyond resilience, the supply chains of the future are expected to be sustainable, embracing ESG principles. In the seventh webinar of our Supply Chain Series, our panel of experts will discuss the emerging and anticipated business issues, practical applications and legal considerations that companies need to consider, as they integrate corporate governance into the value chain, look at access to medicines and medical devices in a post-pandemic era, explore sustainable alternatives such as corporate power purchase agreements, and navigate the growing convergence of antitrust and ESG.
Given the on-going COVID-19 health emergency, the Commission of the Andean Community has recently extended exceptional and temporary provisions applicable to health products (cosmetics, household hygiene products and absorbents for personal use).
Law No. 31225, titled “Law promoting the acquisition and provision of the Sars-Cov-2 Coronavirus vaccine as a vaccination health strategy to ensure timely access” has been published in the Official Journal “El Peruano” on 21 June 2021.