SEPTEMBER 01, 2022

ANMAT Disposition No. 6924/2022: Food and non-alcoholic beverage advertising with warning seals.


Joint report of the Public Law and Healthcare & Life Sciences departments | ANMAT Disposition No. 6924/2022: Food and non-alcoholic beverage advertising with warning seals

Dear Sir or Madam,

By means of Disposition No. 6924/2022 (the “Disposition”), published in the Official Gazette on August 30th, 2022, the National Administration of Medicines, Food and Technical Devices (“ANMAT”) regulates the provisions of article 10 of Annex I of Decree No. 151/2022, which regulates Law No. 27.642. The Disposition provides that all advertising, promotion, and/or sponsorship of packaged food and non-alcoholic beverages containing at least one warning seal (including precautionary legends on sweeteners and/or caffeine; the “Target Foods”), whether domestic or imported, addressed to the general public and disseminated in traditional and digital mass media (the “Advertisements”), shall be subject to certain specific rules (the “Specific Rules”). Specifically, the Disposition:

(a) Excludes the Advertisements from the scope of Annex III of Disposition No. 4980/2005, which regulates the advertising of food products, although it is clarified that the Advertisements must comply with Annex I of Disposition No. 4980/2005, which provides general rules for the advertising of different products regulated by ANMAT.
(b) Excludes the Advertisements from the scope of Disposition No. 7730/2011, which establishes the “Guide for the Presentation and Scientific Evaluation of Health Claims on Foods”.

It must be noted that the Specific Rules foresee several provisions similar or identical to those already foreseen by Disposition No. 4980/2005 for the advertising of food products although introduce some others that are not., The most relevant are:

• It is forbidden to advertise Target Food aimed especially at children and adolescents, being understood as such those advertisements that in their communication have elements that are of interest and attractive to children and adolescents.
• Advertisements must include in their totality the warning seals and/or cautionary legends on sweeteners and/or caffeine that correspond to the product, establishing in the Specific Rules the way in which these must be included according to the type of advertising or means of dissemination of the Advertisement.
• Target Foods shall not be advertised if they have not complied with the affidavit provided for in Article 14, paragraph d) of Annex I of Decree No. 151/2022, regarding the information of critical nutrients and calories content, as well as the presence of sweeteners and/or caffeine, which is necessary for the purpose of obtaining the conformity of the labels of the Target Foods.
• The following shall be prohibited in advertisements:
(i) highlighting supplementary nutrition claims that emphasize positive and/or nutritional qualities of the Target Foods;
(ii) include children’s characters, animations, cartoons, celebrities, athletes or mascots, interactive elements, the delivery or promise of delivery of gifts, prizes, presents, accessories, stickers, visual-spatial games, digital downloads, or any other element, as well as the participation or promise of participation in contests, games, sporting, musical, theatrical or cultural events, as appropriate, that incite, promote or encourage the consumption, purchase or choice thereof;
(iii) promote or give free of charge Target Food;
(iv) include messages relating to endorsements or recommendations by experts, medical, scientific, or similar associations;
(v) promote the purchase of the Target Food for donation or humanitarian purposes; and
(vi) promote the purchase of Target Food for donation or humanitarian purposes.

Advertisements shall adapt their content to the provisions of the Disposition once the labels have been adapted according to the deadlines set forth in the schedule established by Article 19 of Annex I of Decree No. 151/22 and in accordance with ANMAT Disposition No. 2673/22.

Infringements to the Disposition shall make the owner of Target Food and the technical director liable to the sanctions foreseen in Law No. 18.284, Decrees No. 2126/71 and No. 341/92, and ANMAT Disposition No. 1710/08.

The Disposition has entered into force with its publication in the Official Gazette.

If you have any queries, please do not hesitate to contact us.


Ana Andrés
Juan A. Stupenengo