Mexican Authorities Remove Foodstuff Products Due To NOM 051 Labeling Requirements Non-Compliance

• Published date: 20 April 2022
• Subject Matter: Consumer Protection, Food, Drugs, Healthcare, Life Sciences, Compliance, Biotechnology & Nanotechnology, Dodd-Frank, Consumer Protection Act
• Law Firm: Foley & Lardner
• Author: Mr Nathan Beaver, Marcos Carrasco Menchaca, Alejandro Nemo Gomez Strozzi, Marco Antonio Najera Martinez and Erika Padilla

The Mexican Federal Commission for the Protection Against Sanitary Risks (Cofepris) and the Federal Consumer Prosecutor's Office (Profeco) removed more than 10,000 units of domestic and imported foodstuff products that were displayed in supermarkets for non-compliance with frontal food labeling requirements implemented in 2020. More than 80 well-known products were found in violation of labeling requirements pursuant to Cofepris, such as chocolates (including powders), cookies, cereals, syrups, jellies, sauces, flavored milks, snacks, sodas, fish, seafood, seasonings, marmalades, and others.

In 2020, new labeling requirements became mandatory for all pre-packaged, non-alcoholic foodstuffs and beverages sold in Mexico, regardless of their country of origin, as a result of amendments to the mandatory Mexican Standard "NOM-051-SCFI/SSA1-2010, General Labeling Specifications for Pre-packaged, Non-alcoholic Foodstuffs and Beverages. Commercial and Sanitary Information" (NOM 051) published on March 27, 2020. Please see Foley's previous coverage of this by clicking here.

Current requirements include an additional stamp warning system with placement on the front side of packaging, in addition to the previously existing nutritional labeling requirements. This additional labeling is aimed at preventing the risk of overconsuming certain ingredients (sodium, added sugars, saturated fat, and other nutrients as determined by NOM 051) which, when ingested in excess, are considered risk factors associated with chronic, non-communicable diseases, such as diabetes, obesity, and heart disease.

The stamp warning system must be used when pre-packaged products (i) contain added free sugars, fats, or sodium, and when (ii) the value content of free sugars, saturated fat, trans fat, and sodium exceed the values foreseen in NOM 051.

When above qualifiers are present, the stamp warning...