Mexico’s food-industry representatives are weighing up a judicial appeal against new nutrition labelling rules to be introduced in the country.

Black octagonal warning labels are to appear on the front of the packaging of food and non-alcoholic drinks, advising consumers about the content of trans fats, sugar, sodium, sweeteners and calories in the products.

On the back of packaging, there will be nutritional information in table format detailing ingredients in 100 grams or 100 millilitres.

Representatives along Mexico’s food supply chain – including agroindustrial companies, manufacturers and retail associations – have expressed their concerns. 

“The project has no technical, scientific or judicial support, and inhibits healthy competition in the market,” Lorena Cerdán, general manager of the Mexican Consumer Products Industry Council (ConMéxico), which represents companies like Coca-Cola, PepsiCo and Grupo Bimbo.

“According to Mexican law, norms should be of strict technical character and should serve to inform consumers, as well as establishing quality standards. This project does not give clear and accurate information with scientific support for consumers to make comparisons and informed decisions.

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“It also inhibits healthy competition instead of promoting it, and makes reformulation less appealing for producers, since they cannot market their products underlining their differential aspects when they will all still carry the ‘high in …’ seal. This will ultimately lead to fewer options for consumers.”

Alejandro Malagón Barragán, the president of CANAINCA, an association that gathers companies including Unilever, Campbell Soup Co. and Grupo Herdez, agrees the system does not accurately inform consumers about the nutritional value of a product. “Also, it does not promote reformulation of products or incentivises the modification of portions according to a healthier lifestyle,” Malagón Barragán said.

The new rules are yet to be published on Mexico’s Official Journal of the Federation. Once they are, companies fear they will have no more than six months to shift their stock to the new labels. “It is one of our main concerns. There are some canned goods with expiration dates of over two years, and this could mean wasting a lot of quality products”, he said. “Wholesalers accumulate large amounts of stock, and they hardly will be able to renew them in such short order.”

The private sector has argued the labels could cause issues with Mexico’s trading partners. The USA, the EU and Switzerland have complained to the WTO.

“They also asked to consider the cost and benefit of this measure, given that products that enter the Mexican market will be subject to this regulation”, explained Malagón Barragán.

Asked about the possibility of a judicial appeal, Cerdán said: “We are analysing all alternatives and we will exercise them if it is necessary. I believe we have lots of elements to prove we have a judicial argument.”

The new labels have been supported by the WHO, Unicef and consumers rights organisations. A 2018 national health and nutrition survey (ENSANUT) showed 35.6% of children between five and 11 are overweight or obese, as are over 38% of those between 12 and 19.