On March 24, 2023, was published in the Official Gazette of the Federation, the Decree by which an article 216 bis is added to the General Health Law, which will enter into force on September 20, 2023 and by virtue of which, it is established, in a very clear manner, the following:

The prohibition of the addition of trans fats (partially hydrogenated oils) during the industrial elaboration process of oils, edible fats, foods and non-alcoholic beverages whose presentation is offered for sale to the public.

The prohibition that food, non-alcoholic beverages, oils and fats may not exceed two parts of industrially produced trans fatty acids for every one hundred parts of total fatty acids, that is, no more than 2% of total fats.

The Ministry of Health is obliged to determine the regulatory bases for industrially produced trans fatty acids under the terms of this precept.

Trans fats of industrial production (AGT-PI) are artificial and harmful compounds that are formed when converting liquid vegetable oils to a solid consistency (e.g. margarine). The food industry uses this raw material to improve the taste and texture of foods and also prevents, to some extent, oxidation and thus the shelf life of products. The main sub-industries that use trans fats in the manufacturing processes of their products are confectioners, bakers, biscuit and snack makers.

The integration of this precept into the General Health Law, therefore, is in line with international commitments and the regional nutrition agenda, since the consumption of trans fats is associated with a considerable increase in the risk of coronary heart disease and death from this cause. On a global scale, the best estimate, obtained with a comprehensive analytical method, indicates that 537,000 deaths from coronary heart disease were attributable in 2010 to TFA consumption; of these deaths, 160,000 occurred in the Region of the Americas, 45% of them prematurely.

As the date of entry into force of the Decree in question approaches, the legal implications of the Decree begin to gain relevance, raising questions of great importance for the commercial sector involved, opening the door to problems not only concerning the field of Regulatory Law, since the Decree, by establishing that the products “may not contain in their presentation for sale partially hydrogenated oils, known as trans fats”, does not give any margin of interpretation on the existence of a reasonable tolerance to comply with the new precept that would allow obligations contracted prior to the publication of this Decree to have the opportunity to be fulfilled after September 20.

With the lack of regulation on the way in which the present reform to the General Health Law will be executed, the imposition of this burden implies a major challenge for the processed food industry, who in case of non-compliance would be faced with liability in terms of the Chapter Administrative Sanctions of the same General Health Law, which provides for penalties that may include temporary or definitive closure, a warning sanction, arrest for up to 36 hours and a fine which, due to the legal technique with which the Decree was implemented, would be the equivalent of sixteen thousand times the general daily minimum wage in force in the economic zone in question (approximately $ 1,696,000. 00 MN approximately).

The above, added to the fact that, at the moment of trying to fight the application of the added precept, they would be faced with an exercise of weighing rights in which the right to Health will be unfailingly found, which is not a minor task.

The foregoing exposes the manufacturers and traders of this type of products to the risk of non-compliance with obligations of different kinds, since the time granted between the publication and the entry into force of the Decree is short to substitute this ingredient – soon to be prohibited – in the formulation of the products and thus comply with the defined standard, while allowing their products to remain competitive in the market and without seriously affecting the increase in prices to the consumer.

This new regulation seeks to safeguard the health of the population. However, this implementation presents challenges to adjust product formulations and maintain your competitiveness in the market.

At ClarkeModet, we have a team of experts who can advise you throughout this process. Thanks to our industry experience, we are ready to provide you with the support you need to adapt to this new regulation. Contact an expert by sending an email to marketing@clarkemodet.com.mx.