On November 8, 2023, Law N° 31919 was published, modifying Article 10 of the Law for the Promotion of Healthy Eating for Children and Adolescents (Law N° 30021).
The original wording of Article 10 of Law N° 30021 established the obligation to include the Advertising Warnings (Octagons) in the advertising media, as well as in the labels of foods that exceed the technical parameters established in the Regulations of the Law. This article did not establish the possibility of using adhesives (stickers) on the labels of the products and only indicated that the Octógonos should be consigned in a clear, legible, prominent and understandable manner.
With the approval of Law N° 31919, Article 10 was modified and established the possibility of including the Octógonos on stickers on the labels of imported products, as well as on products manufactured by micro and small enterprises (MYPE). This had already been contemplated in the Advertising Warnings Manual and, very recently, through Supreme Decree N° 017-2023-SA, the Supreme Decree N° 017-2023-SA, the Ministry of Economy and Finance (MSEs) has issued a new regulation. 017-2023-SA, which established that for food and beverages of foreign manufacture that are imported into the country and for products manufactured by micro and small enterprises (MYPE), the Advertising Warnings (Octagons) may be consigned in adhesives that are of “permanent nature, difficult to remove, indelible, resistant to low or high temperatures depending on their use and of good adhesion for the type of surface used, not covering information to the consumer”.
The novelty of Law N° 31919 is given by the fact that it establishes that the adhesives used to place the Advertising Warnings must comply with the quality standards established by the National Institute of Quality (INACAL). For this purpose, the Law has granted a term of 240 working days for INACAL to approve a Peruvian Technical Standard for adhesives for the food industry that guarantees their difficult removal.
Finally, it is established that suppliers will have a term of 180 calendar days, counted from the entry into force of the Technical Standard for adhesives, to comply with Law N° 31919.
For the time being, it remains to wait for INACAL to approve the aforementioned Technical Standard.
For further information, please contact María del Carmen Alvarado (mcalvarado@estudiorodrigo.com), Maritza Reátegui (mreategui@estudiorodrigo.com) and/or Ricardo de Vettor (rdevettor@estudiorodrigo.com).
