Mexico City April 12th, 2024.
On April 8, 2024, the Supreme Court of Justice of the Nation upheld the constitutionality of the Front-of-Package Warning Labeling System for non-alcoholic foods and beverages, introduced in the Amendment to the Official Mexican Standard NOM-051-SCFI/SSA1-2010, General labeling specifications for prepackaged non-alcoholic foods and beverages – commercial and health information.
The Court determined the validity of this Front-of-Package Labeling System for non-alcoholic foods and beverages because:
- It is a measure aimed at providing information about the content of products associated with risk factors for the development of diseases such as diabetes and hypertension.
- It protects the right to health and to nutritious food, especially for children and adolescents.
- It protects consumers’ right to make simple and informed decisions about the foods and beverages they consume.
Thus, it was considered that the Front-of-Package Labeling System serves to achieve these purposes, as it allows consumers to easily and quickly identify which products could be harmful to their health.
It also considered it constitutional to require products with added caffeine to establish that legend in the corresponding labeling.
Therefore, the Court denied the protection to the food and beverage producing company that promoted it. This is the first of a series of protections that the Court will resolve on this issue.
The Administrative Law attorneys at the firm will closely follow the remaining matters and remain at your disposal to address any questions related to the above.
SINCERELY,
Diana Rangel León
drangel@basham.com.mx
Pablo Chevez Gallegos
pchevez@basham.com.mx
Daniela Pineda Robles
dpineda@basham.com.mx
Ricardo Antonio Tagle Pastén
rtagle@basham.com.mx
