Mexico City, September 5, 2023.
Trans fats are produced through a process of partial hydrogenation of vegetable oils and have been linked to an increased risk of cardiovascular disease and other health problems when consumed in excess, according to the World Health Organization. In response to this situation, in Mexico, as of the second half of September, the decree adding Article 216 Bis to the General Health Law, which was published in the Official Gazette of the Federation on Friday, March 24 (the “Decree”), will enter into force.
The Decree prohibits (i) the incorporation of partially hydrogenated oils, known as trans fats, during the industrial manufacturing process of edible oils and fats, foods and non-alcoholic beverages offered for sale to the public (the “Products”), and (ii) that the Products contain more than two parts of industrially produced trans-fatty acids for every one hundred parts of total fatty acids.
The Decree also states that the Ministry of Health will establish the regulatory framework for industrially produced trans fatty acids. Therefore, future modifications and/or complements to the regulatory framework are expected. Such regulatory framework have not yet been published or issued, generating uncertainty and legal insecurity for the economic agents that participate from the production to the commercialization of the Products. The most affected industries by the Decree –since are the main ones that use trans fats– are the bakery, biscuit, confectionery, snacks and fried foods industries.
Acedo Santamarina is at your disposal to answer any questions you may have in relation to this note.
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