New ANMAT Provisions on Front-of-Pack Labeling and Food Advertising
On December 26, 2024, Argentina’s National Administration of Drugs, Food, and Medical Technology (ANMAT) published Provisions No. 11362/2024 and No. 11378/2024 in the Official Gazette, introducing significant modifications to the Front-of-Pack Labeling System established by Law No. 27,642 on the Promotion of Healthy Eating.
Front-of-pack nutritional labeling, also known as front labeling, is the highlighted information displayed on the main face of food packaging labels through warning seals (octagons and/or precautionary legends) regarding the content of critical nutrients, as established by Decree No. 151/2022.
ANMAT Provision No. 11362/2024: This provision updates the regulatory framework of Law No. 27,642 and its Regulatory Decree No. 151/2022. Key modifications include:
- Creation of the “Seal and Nutritional Warnings Declaration System”: Integrated into the Federal Information System for Food Control Management, it includes a publicly accessible Seal Calculator, allowing the determination of warning seals and precautionary legends based on the nutrient profile.
- Approval of a new Application Manual: Providing guidelines for the correct implementation of front labeling on packaged food and non-alcoholic beverages. Its main sections include:
- General Labeling Concepts: It is mandatory to include total and added sugar values in nutritional information.
- Front Nutritional Labeling: Defines critical nutrients as added sugars, total fats, saturated fats, and sodium.
- Criteria for Excessive Critical Nutrients, Calories, and the Declaration of Sweeteners and Caffeine.
- Characteristics of Front Nutritional Labeling: Includes specifications for the placement and dimensions of warning seals.
- Advertising, Promotion, and Sponsorship.
- Exhaustion of label stock: ANMAT may authorize the use of remaining labels under the new manual, allowing companies to efficiently adapt their packaging.
- Repeal of previous provisions: Eliminates redundant requirements from ANMAT Provision No. 2673/2022, such as the obligation to submit sworn declarations on critical nutrients and the online manager for extensions and exceptions.
ANMAT Provision No. 11378/2024: This provision replaces ANMAT Provision No. 6924/2022 and establishes new regulations for advertising, promotion, and sponsorship of food and non-alcoholic beverages that contain at least one warning seal or precautionary legend regarding sweeteners and/or caffeine. Key measures include:
- Prohibition on advertising, promoting, and/or sponsoring packaged food and non-alcoholic beverages targeted at children and adolescents. Targeting is determined by the use of attractive elements such as colors, language, music, habits, and behaviors associated with minors.
- Requirements for advertising products with warning seals, which must include:
- Objective and truthful information about the product.
- Commercial name and sales denomination of the product.
- Warning seals and precautionary legends, visibly or audibly displayed depending on the medium.
- Complete characteristics, usage instructions, and warnings.
- Advertising in Spanish (common phrases in other languages are allowed)
- Advertising restrictions:
- Cannot include children’s characters, celebrities, interactive elements, or digital downloads.
- Criteria are established to prevent advertising from being considered directed at children and adolescents. The presence of minors, children’s elements, pets, brand characters, or animations is permitted as long as they are not used in an attractive or exclusive manner to capture their attention.
- The prohibition on complementary nutritional claims is limited only to those related to critical nutrients or excess calories.
- A product cannot be promoted as “new” more than two years after its launch. If changes are made to existing products, the novelty must be clearly indicated.
- References to recommendations from health professionals, medical or scientific associations to promote the product are not allowed. Additionally, advertising cannot claim that food consumption guarantees health benefits or prevents diseases.
- Prohibition of phrases suggesting governmental authorization.
- Label modification restrictions: Mandatory information cannot be omitted, and the product must be displayed as originally approved.
- Requirements for digital media advertising, with exceptions for organic content generated by third parties, content intended for foreign markets, and content not sponsored by the product owner.
These two new provisions strengthen the regulation of food and beverage labeling and advertising in Argentina, aiming to ensure clear and truthful communication for consumers, prevent misleading information, and promote healthier eating habits.
For further information please contact mguzman@ojambf.com.
