Peru's Constitutional Court to Decide on Milk Production Standards
The legal conflict over the definition and composition of evaporated milk in Peru has reached a critical stage. On May 5, 2026, the Constitutional Court (TC) heard oral arguments in the lawsuit filed by Gloria S.A. against Supreme Decree 004-2022-MIDAGRI. This regulation, effective since October 2022, prohibits the use of powdered milk as an ingredient in evaporated milk production, requiring the product to be made exclusively from fresh national milk.
Gloria S.A. argues that the decree violates its constitutional right to business freedom and limits the competitiveness of the sector. The company claims that using powdered milk is a valid technological practice under international standards and that the ban affects business sustainability and market supply. After receiving adverse rulings from the Judiciary, which found the standard in line with the Codex Alimentarius and protective of food quality, the company seeks a declaration of unconstitutionality from the TC to restore its historical production model.
Conversely, the International Association of Consumers and Insurance Users (AINCUS) and livestock associations support the decree's validity. They argue that the regulation protects 20 million consumers from what they describe as a 'historical adulteration,' noting that Gloria used between 23% and 30% powdered milk in its mix. According to AINCUS, since the ban, the price paid to local producers increased from S/ 1.15 to S/ 1.75 per liter, benefiting around 450,000 farmers, mainly small-scale Andean producers, without affecting food security or the financial viability of the processing industry.
The process now enters the phase of evidence analysis and argument consolidation. The Constitutional Court must decide between the industrial process freedom advocated by the market leader, which holds 85% of the evaporated milk category, and the right to information and quality demanded by consumers and the state. The final ruling, which is not subject to further appeals, is expected to be published before the end of 2026.
