Canada: Strict New Chilean Law For Foods High In Calories, Fat, Salt Or Sugar

BOTTOM LINE: Chile just passed new marketing restrictions and labelling requirements for packaged foods qualifying as "high" in calories, fat, sugar or salt ("HFSS"). The new legislation not only requires a label warning for HFSS foods, it (among other things) prohibits their advertising to kids under 14 as well as "kids' meal" type marketing devices.

In a note kindly sent to us by Ariela Agosin W. of Albagli Zaliasnik, our Chilean colleague in the Global Advertising Lawyers Alliance, the Law Bill Regarding The Nutritional Value of Foodstuffs and Their Advertising was originally launched in 2007, and after much discussion, finally came into force on July 6, 2012.

The Ministry of Health was given a year from July 6, 2012 to determine the thresholds for what will be considered "high" in calories, fat, salt or sugar in various categories of food.

Ariela indicates that the most controversial points of the law are that HFSS products:

1. must be identified as high in calories, fat, salt or sugar, as applicable, on the product label;
2. may not be advertised to children under 14 years of age;
3. may not be advertised within school premises, including elementary, middle and high school;
4. may not be sold through the use of promotional devices such as offering toys or prizes. Consequently, Ariela says, some marketing strategies that are common today such as McDonald's® Happy Meals® and Kinder® chocolates may no longer be permitted if they constitute HFSS foods; and
5. must, in any advertising, include a message drafted by the Ministry of Health to promote healthy habits.

We will watch with interest to see which foods will ultimately be affected once the threshold details are determined.

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