On Saturday, 31 December 2022, Supreme Decree No. 022-2022-SA was published in the extraordinary digital edition of the official journal El Peruano. In the decree, the Ministry of Health extended the deadline that allows the use of adhesives ("Stickers") to incorporate advertising warnings ("Octagons") on imported food and nonalcoholic beverages ("Imported Food"), as well as those imported and/or marketed by micro and small businesses.

The extension has been granted until 30 June 2023.

Recall that the extension period initially granted expired on 31 December 2022, so the issuance of this measure was necessary in order not to affect the logistics chain and 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. The INDECOPI tribunal should confirm these allegations in the course of this year.

In that sense, we suggest that companies that market and/or import Imported Foods take the corresponding commercial and legal actions, with due anticipation, before the upcoming entry into force of the ban on the use of Stickers and avoid reaching that trade barrier.

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

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