The Constitutional Court upheld the ban on selling junk food products in Costa Rican school cafeterias yesterday.

Food products with high concentrations of sugar, oil or salt such as chips, cookies, candy and carbonated sodas have been banned from elementary schools and high schools since January of this year.

The ban was appealed under claims of unconstitutionality manifesting that such regulation limited freedom of commerce among other claims, but the Ministry of Justice rejected this constitutional challenge brought against Executive Order 36910 of the Ministries of Public Education and Health which sets restrictions on products sold to students, on the basis that health rights are fundamental and above the reasons stated in the appeal.

According to recent studies, 60% of the Costa Rican population is obese, an alarming fact revealed by the School of Medicine at the University of Costa Rica during the XII Congress of Health and Nutrition in the country.

Obesity also affects 20% of children, this being one of the main reasons why Leonardo Garnier, Minister of Education, supported this amendment to the previous regulations and manifested his satisfaction with the ruling stating that the rights of children had to be above all economic motivations.

The idea of this drastic change in the menu of schools and high schools throughout the country hopes to educate Costa Rican children and their families about healthy eating habits to help reduce obesity and all the health problems associated with it.

Previously another application for injunction was rejected by the judges. This time, it was filed by the Costa Rican Chamber of Food Industry (Cacia), an entity that was negatively affected by the ruling. The director of this entity, Mario Montero, called the move “regrettable and technically wrong.”

There is however, some flexibility that allows manufacturers a three year time frame to make the necessary changes in the fabrication of their products in order to comply with the new decree.

Offenders would have to reduce fat and sugar if they wish to continue to supply their products to public schools throughout the country.

The Minister posted the news on his Facebook account and comments from the community expressed satisfaction, solidarity with the decision by the Court but also posed questions regarding the control and monitoring by the MEP to ensure compliance, a tough task ahead for schools and the ministries of Education and Health.