Peru: The deadline for the ban on octagon warning label stickers on imported food has been extended by six months

In brief

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 ("Stickers") that incorporate advertising warnings ("Octagons") on imported food and nonalcoholic beverages ("Imported Food"), including those marketed by micro and small businesses must stop being used.

The extension has been granted until 30 June 2023.


Contents

The extension period initially granted for the use of Octagon Stickers on Imported Food expired on 31 December 2022, and this further extension measure was necessary to prevent disruptions in the logistics chain and to consumers. However, this temporary solution does not solve the underlying problem, that is, the dismantling of a ban that illegally and unreasonably restricts the trade of Imported Food.

As we mentioned in our legal alert "Prohibition of the use of adhesives (stickers") to place octagons on food labeling," there are a number of questions related to the entry into force of this ban, which the competent authorities must clear during this new extension.

It should also be noted that the extension granted does not affect the complaints filed against this ban before the Commission on Dumping, Subsidies and Nontariff Trade Barriers of INDECOPI, which in the first instance has considered this measure an unreasonable nontariff trade barrier. We expect that the INDECOPI tribunal will confirm its finding in the course of this year.

We suggest that companies that market and/or import Imported Foods proactively take the relevant commercial and legal actions, before the ban on the use of Stickers becomes effective.

Estudio Echecopar has been representing several companies and guilds in the face of this ban that is contrary to trade, and national and international food standards.

If you require advice on the subject, you can contact us.

This alert was first published here.

Spanish version.

* * * * *

We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

LOGO_Peru Estudio Echecopar_Lima

Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm. 

Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

@2023 Estudio Echecopar
All rights reserved.

No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.