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.

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.

This alert was first published here.