A bill has been introduced requiring the placement of advertising warnings on foods and beverages containing Red 3 coloring, and completely banning its use starting in 2027.

Recently, Bill 100026/2024-CR [1] – Bill to prevent the consumption of red dye 3 in food and beverage products to ensure public health (hereinafter, the “Bill”) was introduced, which proposes to amend Law No. 30021 – Law on the Promotion of Healthy Eating for Children and Adolescents (hereinafter, the “Healthy Eating Law”), in order to provide:

• The obligation that, in all advertising and front labeling of foods and non-alcoholic beverages of products that contain, within their composition, the colorant Red 3 or Erythrosine, the phrase “ Contains FD&C Red No. 3, FD&C Red 3, Red 3, Red3, FD&C Red #3, Erythrosine and/or E-127” be included.
• The total ban on the use of the aforementioned colorant in all domestic or imported food and beverages starting January 15, 2027 , indicates that companies have until that date to eliminate this component from their products. In the meantime, they must comply with the obligation indicated in the previous point.

It is worth noting that this legislative initiative is being presented within the framework of the ban on the use of this additive in the United States established by the U.S. Food and Drug Administration (hereinafter, "FDA"), which will take effect on January 15, 2027, for food.

The bill will be debated in the Congressional Consumer Protection Committee.

For more information on this topic or any questions, please contact us at proyectosley@cpb-abogados.com.pe .

See Bill 100026-2024/CR

[1] Presented by Congressman Edgard Mercado, of the Popular Democratic Bloc Parliamentary Group