New Decree that modifies the Sanitary Foods Regulation
Decree N°13 is the long awaited regulation of Law N°20,606 on the Nutritional Composition of Foodstuff and its Advertisement. This Decree was published in the Official Gazette on June 26th, 2015, and will enter into force 12 months after said date of publication.
The main objective of this Decree is to establish a special labeling system for foodstuff with high levels of (“high in”) sugar, sodium, saturated fats and energy, according to the limits set forth for such ingredients every 100 grams of the corresponding product.
All foodstuffs which are not specially exempt by Decree N°13 (e.g. foodstuff sold at bulk, foodstuff for special alimentation regimes, among others), and that exceed the established values, thus considered as “high in”, shall comply with the following requirements:
“Advertisement” is defined as any form of promotion, communication, recommendation, advertisement, information or action aimed to promote the consumption of a particular product.
“High in” foodstuff may not contain elements that appeal to children (14 years old or younger) in their advertisement. Advertisement will be considered as addressed to children of 14 years of age or younger when it contains, among other elements, characters, children’s figures, animations, cartoons, toys, music for children, presence of people or animals, fantastic statements or arguments regarding the product or its effects, voices of children, childlike language or expressions or situations that represent children’s everyday life (e.g. school, break, child’s play, among others).
“High in” products may not be advertised on television shows or websites addressed to children 14 years old or younger, or when such have an audience of 20% or higher of this age group, nor in advertisement segments, between or immediately before or after airing of such TV shows or websites. Moreover, “high in” products may not be advertised through interactive applications, games, raffles or similar elements.
Trade and advertisement of “high in” products is forbidden in educational institutions.
Mass media advertisement of “high in” products shall contain a message promoting healthy life habits. The characteristics of this message will be determined by the Ministry of Health by Supreme Decree.
Foodstuff that do not have added sugar, honey, syrups, sodium or saturated fats, are exempt from these rules regarding advertisement.
If you have any questions regarding the matters discussed in this memorandum, please contact the following attorneys or call your regular Carey contact.
+56 2 2928 2665
This memorandum is provided by Carey y Cía. Ltda. for educational and informational purposes only and is not intended and should not be construed as legal advice.
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