QCOSTARICA — For consumers to have clear information about foods that can harm their health, Costa Rica’s Constitutional Court (Sala Constitucional or Sala IV as it is commonly known), eliminated a Ministry of Health circular that did not require a warning with a front label about the consequences.
With this decision, products high in calories, sugars, and fats, as those with sodium and other nutrients related to chronic diseases such as diabetes and hypertension, will have to include a warning.
“The decision of said Ministry contravenes the right to health and that of consumers to have clear and easy-to-understand information when purchasing foods that may have a relevant impact on their health,” the magistrates considered.
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Most of the food that contains this information is imported, since there is no national regulation on the matter.
The Cámara Costarricense de la Industria Alimentaria (CACIA) – Costa Rican Chamber of the Food Industry – pointed out that “it followed up on this appeal for protection nine months ago when it was filed. “Our organization participated as an adjuvant, supporting the decision of the Ministries of Health and Economy.”
“For more than 10 years, CACIA has been following up and monitoring with counterpart organizations outside the country where this regulatory approach has been imposed. For CACIA, it has always been of interest that the regulations issued by public authorities be based on fundamental principles such as scientific evidence and legal certainty, which ensure the healthy development of the productive activity of our industry,” they add.
Why Costa Rica has not implemented front labeling
In June 2023, the Ministry of Health issued a circular ordering to hide the front labeling present on some imported foods. This is because both national and Central American regulations do not mandate that it must be declared when a food has “high/excess” calories, fat, sugars, or sodium.
Earlier this week, on Tuesday, the Constitutional Court annulled this circular, so now this labeling will not have to be hidden.
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While Central American regulations do not mandate this type of labeling, the Pan American Health Organization (PAHO) considers it a key instrument to regulate products that contain excessive amounts of sugars, fat, saturated fat, trans fat, and sodium.
“Front-of-package warning labeling is a simple, practical and effective tool to inform the public about products that can harm health and help guide purchasing decisions,” says PAHO.
The president of Costa Rica’s College of Nutritionists, Dr. María Bolaños, explained that the front labeling of foods provides society and the consumer with scientific, clear, didactic information about the excessive content of critical nutrients in prepackaged foods.
Bolaños considers that there are no disadvantages of labeling, since it even promotes the reformulation of products.
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The former Minister of Health, Dr. María Luisa Ávila, agrees that there are no disadvantages in the implementation of the labels. On the contrary, she believes that they allow people to be aware of what they are ingesting and compared it to labels for gluten.
Ávila adds this is especially important for children because it is necessary to educate them in nutrition so that when they are adults they have good eating habits. She also highlighted that parents, upon seeing this labeling, “will rationalize these products, not as a daily constant, but as an exception.”
Labeling obstacles
Obstacles to labeling that have arisen in the country are due to the fact that the food industry does not consider front labeling to be a strategy that helps the health and nutrition of the population.
CACIA assures that this labeling does not have any type of effect on eating patterns or lifestyles.
The Ministry of Economy, Industry and Commerce (MEIC) is against the bill on this issue, because they consider that it opposes international treaties signed by Costa Rica and would also be unconstitutional.
On the annulment of the circular to hide the labeling on imported products, the Ministry of Health assured that they have not received notification from the Court.
“In August of the previous year, the Ministry of Health indicated that some imported products enter with a front nutritional warning labeling, based on regulations approved in the countries where they were manufactured and not on Costa Rican regulations,” they explained.
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