In a significant ruling on Tuesday, the Constitutional Court of Costa Rica struck down a controversial provision implemented by the Ministry of Health that mandated the concealment of warning nutritional labels on food products high in fat, sodium, and sugar. This decision comes as a victory for consumer rights advocates and aligns with recommendations from the World Health Organization (WHO) regarding clear and easily accessible nutritional information.
The Court firmly stated that the Ministry’s decision to hide these important labels directly contradicts the fundamental right to health and the right of consumers to have access to transparent and easily comprehensible information when purchasing food products that can significantly impact their well-being.
By admitting an appeal filed by a concerned citizen against the state’s order to obscure the labels, which was initially approved by the Executive branch in June 2023, the Constitutional Court has taken a stand in favor of public health and consumer awareness.
Magistrate Ingrid Hess Herrera, who presided over the case, emphasized the crucial link between the presence of informative nutritional labeling and the ability of consumers to make better-informed and healthier choices when buying packaged foods.
The Court’s decision to annul the Ministry’s order was based on compelling evidence from both national and international studies, which consistently demonstrated the positive impact of clear and visible nutritional labels on consumer behavior. The Constitutional Court unequivocally declared that the Ministry of Health’s obligation to conceal nutritional warning labels is entirely unacceptable.
This stance is supported by a 2022 report from the Food and Agriculture Organization of the United Nations (FAO), which highlighted the effectiveness of front-of-package warning labels in enabling consumers to easily and accurately identify products containing excessive amounts of critical components detrimental to health. Moreover, the report indicated that such labeling practices contribute to a reduction in the purchase of these potentially harmful products.
Despite the well-established benefits of transparent nutritional labeling, Costa Rica had previously decided to hide these warning labels, citing national and Central American regulations as justification. The Ministry of Health argued that these regulations did not specify the threshold values for declarations such as “high/excess of” calories, fat, sugars, and sodium, which are commonly used in warning nutritional labeling in other countries.
However, the Constitutional Court’s ruling has now overturned this decision, prioritizing the health and well-being of Costa Rican citizens over bureaucratic technicalities. By ensuring that consumers have direct access to clear and informative nutritional labels, the Court has taken a significant step towards empowering individuals to make more informed choices about the food they consume and the potential impact on their health.
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