Issue:
El Poder del Consumidor (EPC),a civil society association that advocates for consumer's rights in Mexico, filed an unconstitutionality claim challenging the Guideline Daily Amount (GDA) labeling model in Mexico. After a positive decision in the first instance, the Supreme Court of Justice decided on the case.
Summary:
The Supreme Court decided against El Poder del Consumidor on a claim that challenged the constitutionality of the GDA labeling model in Mexico. Nevertheless, there are still two cases pending to be resolved at 2 other tribunals.
The Supreme Court ruled that nutritional labeling did not infringe upon constitutional rights. It served its purpose by accurately listing the amounts of saturated fats, total fats, sugars, sodium, and calories in a product. It also displayed the percentage that each of these nutrients represented in relation to the recommended daily intake. Moreover, the Court ruled that the information provided through the labeling was neither misleading nor unclear.
In its decision, the Court recognized that Mexico’s rising obesity rates and related health issues were driven by broader social and biological factors beyond the labeling’s scope. Furthermore, it dismissed the argument that the regulation was inconsistent with international guidelines. The argument on a possible conflict included the Codex Alimentarius and the recommendations from the World Health Organization and the Food and Agriculture Organization of the United Nations.