Recently the "guideline for the supervision and regulation of the nutritional composition of foodstuff and its advertisement ("the guideline") was published by the Undersecretary of Health.
The guideline´s main objective is to, "guide the process of supervision and regulation of foodstuff", taking into consideration the upcoming implementation of Decree No. 13 (June 27, 2016), which modifies the Health Regulations for Food Products.
This document puts special emphasis on two main articles of the Decree No. 13 (articles 120 bis and 110 bis), which regulate the use of the warning sign "HIGH IN", advertisements targeted at children who are 14 years of age or younger and sales and marketing of foodstuff in pre-school, elementary and secondary educational institutions.
Thus, some relevant aspects raised by the guideline are related to the advertisement of "HIGH IN" foods and the difference between fair use of a registered trademark and advertising activities.
Regarding advertising, the guideline distinguishes between activities related to marketing and those that involve mass media advertisements. In this context, the guideline refers to the shape of the product (for example a cookie or a candy with an animal shape). The guideline allows the use of these kinds of shapes and the use of the product's image in the packaging, provided it is a realistic depiction. In this regard, the guideline provides that, "the elements directed at children 14 years of age or younger and which have been registered as trademarks, may be used in the labeling and wrapping in the same way in which they have been accepted in their trademark registration, otherwise...