Front-of-Package Labeling in Guatemala

By Mayora IP

The global battle against unhealthy food consumption, particularly among children, has ignited numerous debates concerning its implications on public health. Guatemala is no stranger to this discussion. Bill 5504, also known as the "Promotion of Healthy Eating" bill, introduced in 2018 and currently under discussion in the Congress, aims to address these concerns by proposing the implementation of front-of-package labeling (FOPL) and marketing regulations.

FOPL systems require specific labeling on the front of food and beverage packaging to alert consumers about products high in unhealthy ingredients like added sugars, saturated fats, and sodium. Proponents, including the World Health Organization (WHO), advocate for FOPL as a tool to empower consumers to make informed dietary decisions, potentially leading to healthier eating patterns and improved public health outcomes, as evidenced by studies conducted in countries like Chile.

However, implementing FOPL raises concerns regarding their potential impact on intellectual property rights, especially trademarks. Trademarks, as defined by the World Intellectual Property Organization (WIPO), are distinctive signs that identify the source of goods and distinguish them from competitors. Businesses invest heavily in developing and protecting their trademarks, which often hold prominent positions on their product packaging.

Mandatory warning labels could infringe upon these trademarks, as prominent labels highlighting negative health aspects could overshadow or diminish the brand identity and goodwill associated with a trademark. This could potentially lead to economic harm and discourage businesses from investing in innovation and marketing.

This potential conflict necessitates a careful, nuanced approach to ensure a balance between public health objectives and the protection of legitimate IP rights. Although FOPL regulations are often designed to minimize the impact on trademarks and international agreements like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) acknowledge the right of governments to implement measures to protect public health, such measures must be applied in a way that does not create unnecessary obstacles to legitimate trade and does not constitute arbitrary or unjustifiable discrimination against foreign trademarks.

Finding this balance requires open dialogue and collaboration between various stakeholders, including government officials, public health experts, consumer groups, and the food industry. Exploring alternative solutions like standardized labeling formats and educational campaigns alongside FOPL implementation could be beneficial, as suggested by research from the Center for Science and Public Interest (CSPI) in the United States.