Following up on our note published on August 30, 2023, the Decree adding article 216 Bis to the General Health Law, published on March 24, 2023, went into effect on September 20, 2023.
As previously mentioned, this new provision aims to limit the consumption of trans fats in order to prevent diseases associated with this compound, which is present in different foods, fats and oils.
Although the Decree indicates that the Ministry of Health will establish the specific regulatory bases for industrially produced trans fatty acids, these have not been issued. Therefore, there is still no certainty about the regulatory procedures or the possible penalties that could be applicable to agri-food companies involved in this sector.
However, the restriction that edible oils and fats, as well as food and non-alcoholic beverages, may not contain partially hydrogenated oils in their composition and presentation for sale to the public and may not exceed two parts of industrially produced trans fatty acids for every one hundred parts of total fatty acids, is already in force and enforceable. Consequently, compliance with this limitation may already be subject to verification and possible sanction by the Federal Government, as in fact has already been announced in different press releases.
We are available for any questions you may have regarding the entry into force of such restriction and its implementation.
For additional information, please contact:
Luis Miguel Jiménez, Partner:+52 (55) 5258-1058 | lmjimenez@vwys.com.mx
Jessika Rocha, Partner:+52 (55) 5258-1077 | jrocha@vwys.com.mx
María de Lourdes Salazar y Vera, Counsel:+52 (55) 5258-1058 | mlsalazar@vwys.com.mx