On October 10, 2024, Decree No. 24, which “Determines the Characteristics of the Message Promoting Healthy Lifestyle Habits contained in the Advertising of those Foods Indicated” (“Decree 24”), was published in the Official Gazette.
In general terms, Decree 24 comes to replace Decree N°1/2017, which refers to the characteristics of the mandatory message -black stripe- that must be included in the advertising, made through mass media, of products to which sodium, sugars and saturated fats have been added, and whose content of such nutrients, exceeds the value established in Article 120 bis of the Chilean Sanitary Food Regulation. The purpose of these modifications is to improve this message and its understanding by the public.
The main changes introduced by Decree 24 are:
- Change in the text of the Message. The Message to be incorporated is modified to read as follows: "ALIMENTO CON SELLO 'ALTO EN', EVITA SU CONSUMO" (“FOOD WITH ‘HIGH IN’ WARNING, AVOID CONSUMPTION”).
- In addition to the complements to the Message regulated in Decree N°1/2017 (Government logo, phrase “Ministry of Health”), the inclusion of a “High In warning seal” is added in those supports specially indicated in Decree 24 (e.g., print ads, street ads, YouTube ads, etc.) in which said stamp must comply with specific dimensions.
- As in the case of Decree No. 1/2017, Decree 24 contains the detail of the graphic characteristics with which the Message must comply, for each of the media subject to this obligation.
Failure to comply with the provisions of Decree 24 may be sanctioned through a sanitary summary proceeding, with fines of between, approximately, USD 7 and USD 71,000, in accordance with the Chilean Sanitary Code.
Decree 24 will enter into force six months after its publication in the Official Gazette, i.e., on April 11, 2025. The modifications included in Decree 24 will not be applicable to printed advertising published before this date.
