Court of Appeals admits an appeal for protection against regulations governing food advertising
Chile
Nov 18, 2024
The Court of Appeals of Santiago admitted for processing an appeal for protection filed by Nestlé against the Ministry of Health, for Decree No. 24 which regulates the characteristics of the message that promotes healthy lifestyle habits in food advertising, which will enter into force on April 11, 2025.
The company argues that the Decree is of exclusive competence of the President of the Republic and that, being a regulatory norm, it has been issued outside the constitutional framework.
In its argument, Nestlé questions the substantial modification of the advertising message on food products, going from a phrase that promoted “moderate consumption” to one that prohibits its consumption, without justification or prior public consultation. It considers that the change in the legend of the products, from “Prefer food with less seals” to “Avoid its consumption”, is presented as arbitrary and without technical support. It adds that no studies were presented to justify the change, which seriously affects the constitutional rights of the companies that commercialize these products, which carry out legitimate economic activities under the regulations in force.
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