Thirteen importers of processed foods and nonalcoholic beverages and the Committee of Food Importers of the Chamber of Commerce of Lima (CCL), with sponsorship from Estudio Echecopar International Trade Team, have obtained a favorable result before the Commission on Dumping, Subsidies and Nontariff Trade Barriers ("Commission") of INDECOPI, allowing them to implement the advertising warning system ("Octagons") through the use of stickers on their imported products.
Through Resolution No. 073-2022/CDB-INDECOPI, the Commission declared the prohibition of the use of stickers to consign the Octagons in imported processed foods a nontariff trade barrier devoid of reasonableness.
The authority determined that the Ministry of Health ("MINSA") failed to prove that the measure is proportional to its purpose, since it did not provide evidence of having assessed the benefits and costs generated by it, nor of having evaluated other alternatives that would be less expensive and just as effective.
As a consequence of the declaration of a trade barrier, the Commission declares the ban on the use of adhesives in imported foods inapplicable to the following complaining companies: Oregon Foods S.A.C., Lactalis Peru S.A.C., KMC International S.A.C., I.T.N. S.A.C., SB Trading S.R.L., Super Nikkei S.A.C., King David Delicatesses del Peru S.A.C., Wibgus S.A.C., Adriática de Importaciones y Exportaciones S.A., Eurogourmet S.A.C., Danilza S.A., Lagardere Travel Retail Peru S.A.C., Royal Branding Peru S.A.C. and the Chamber of Commerce of Lima — including its member companies.
MINSA will not be able to require the direct printing of Octagons on products imported by such companies when the extension on the use of adhesives comes to an end on 31 December 2022.
It is important to note that the Commission has recommended that the Ministry of Foreign Affairs repeal the provisions containing the unreasonable nontariff trade barrier (prohibition on the use of adhesives). Said authority has until 10 July 2022 to make a statement on this recommendation. The resolution may be appealed by MINSA, for review by the INDECOPI Tribunal.
There are other complaints pending on the same matter, which must be resolved in the same way by the Commission.
For more information, you can contact the team that oversaw this complaint:
