ALERT- CONSUMER PROTECTION
Law No. 32159: “Law for the Control of the Consumption of Tobacco Products, Nicotine or Substitutes of Both for the Protection of Life and Health”
On November 12, 2024, Law No. 32159, Law on the Control of the Consumption of Tobacco Products, Nicotine or Substitutes of Both for the Protection of Life and Health (“the Law”) was published in the Official Gazette El Peruano, through which new provisions are established for the commercialization, advertising, packaging and labeling of tobacco products, nicotine and other substitutes.
Among the highlighted provisions are:
- Consumption limits: Consumption of tobacco and nicotine products is prohibited in health centers, educational institutions, public offices, work spaces, public transportation and other enclosed places with public access. These places must display visible signs indicating the prohibition of smoking or vaping, and comply with the specific wording established in the Law.
- Advertising restrictions: The Law prohibits all forms of advertising, sponsorship or promotion of tobacco products, directly or indirectly, including cross-border advertising. For nicotine products, their promotion on open television, radio and within a radius of 500 meters from educational centers is prohibited. In addition, advertisements must not include images or messages of success, social or sexual appeal. The warning “FORBIDDEN FOR SALE TO MINORS UNDER 18 YEARS OF AGE. THIS PRODUCT CONTAINS NICOTINE” should occupy 15% of the advertisement, in black letters on a white background at the bottom.
- Packaging and labeling: Tobacco product packaging shall contain health warnings occupying at least 70% of the principal faces, along with the phrase “FORBIDDEN FOR SALE TO MINORS UNDER 18 YEARS OF AGE.”
The packaging and labels of nicotine products must include a warning about the presence of nicotine and its effects, occupying at least 30% of the packaging. Likewise, its legend must indicate: “FORBIDDEN FOR SALE TO MINORS UNDER 18 YEARS OF AGE”.
Likewise, it is forbidden to include in labels, advertising, trademarks, slogans and any sign accompanying the product, the terms ‘light’, ‘ultralight’, ‘soft’, ‘supersoft’, ‘light’, ‘ultra light’, their synonyms, etc.
- Commercialization: The Law establishes the prohibition to sell packages of less than 10 units and to commercialize tobacco products, nicotine products, SEAN (Electronic Nicotine Administration System) and similar without nicotine, tobacco or nicotine substitutes, devices and their accessories to minors under 18 years of age. It also prohibits the delivery of samples or gifts of these products to minors and their sale in premises with free access to minors under 18 years of age.
Advertisers have 180 calendar days from the publication of the regulation to adjust their advertising campaigns. In turn, manufacturers, importers, exporters and distributors of tobacco and nicotine products will have a maximum term of two calendar years to gradually adapt their packaging to the new regulations, starting from the issuance of the regulation, which must be published in a period not exceeding 120 calendar days.
For further information, please contact Ximena Aramburú (xaramburu@estudiorodrigo.com) and/or Daniela Supo (dsupo@estudiorodrigo.com).
