Argentina: Provision No. 6924/2022 – Advertising of products with warning stamp
The National Agency for Medicines, Food and Medical Technologies (ANMAT) has published Order No. 6924/2022 (“Arrangement“) on August 30, 2022. The same clarifies the advertising, promotion and/or sponsorship of packaged food and non-alcoholic beverages containing at least one warning seal, including precautionary statements ( “Some products“). The Provision will take effect on the same day of its publication in the Official Journal.
Law No. 27,642 on the promotion of healthy eating (“Front Labeling Act“) and Regulatory Decree No. 151/2022 (“Decree“), establish general guidelines regarding the advertising, promotion and/or sponsorship of the Products.
In this regard, the front labeling law provides that if the advertising, promotion and/or sponsorship of products are specifically aimed at children and adolescents, then they will be prohibited. In addition, the offering, marketing, advertising, promotion or sponsorship of the Products in educational establishments is prohibited. For other cases (ie advertising that is not specifically aimed at children or adolescents), it establishes certain restrictions and guidelines to be followed.
On the other hand, the Decree establishes that ANMAT will be the authority that will supervise and control all advertising, promotion and/or sponsorship of the Products. It also establishes that ANMAT will dictate the necessary clarification or additional rules, taking into account the medium through which the advertising is made, and based on the guidelines established by the law on front labeling.
Thus, the purpose of the Provision is to provide more specific mandatory clarifications and guidelines that the advertising, promotion and/or sponsorship of the Products must follow. Among others, we highlight the following:
- The Provision applies to all advertising, promotion and/or sponsorship of the Products – whether domestic or imported – to the public and disseminated by traditional or digital means.
- This must comply with the “general rules” approved under Annex I of Regulation No 4980/2005, but it must not be covered by the “specific rules for the advertising of food products” approved under of Annex I of the same provision, nor by Decision No 7730/2011.
- Instead, the “specific rules for the advertising of food products containing at least one warning stamp” (Annex I to the provision) are approved.
- The content of the advertising, promotion and/or sponsorship of the Products must be adapted once the labels have been adapted (in compliance with the deadlines provided for by the Decree).
In the event of non-compliance, the owner of the advertised product – and the person in charge of technical management – will be liable to the penalties provided for by Law No. 19.283, Decrees No. 2126/71 and No. 341/92, and Decision No. 1710/08. Likewise, the owner of the advertised products is responsible for ensuring that digital content created and/or disseminated by third parties complies with the Provision and applicable regulations.
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