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Peru has taken a bold step in public health regulation with new legislation aimed at curbing the impact of tobacco and nicotine products. The majority of Peru’s 120-member Congress approved a law that creates strict guidelines for the use of e-cigarettes, vapes, heated tobacco products and nicotine pouches in the South American country.
Law 3437/2022 “to control consumption of tobacco products, nicotine or their alternatives for the protection of life and health” establishes broad oversight for these markets and includes a nationwide ban on the marketing and promotion of tobacco products, while allowing some nicotine advertising under strict guidelines. The 12-page law was approved on 10th October in a second vote by the majority of Peru’s Congress members and is pending the signature of president Dina Boluarte to be ratified and to enter into force.
The law establishes that tobacco, nicotine and related products that use flavours or artificial aromas are prohibited from using the names of candies, sweets or desserts that might appeal to minors (under-18s).
It also states: “Any electronic nicotine delivery systems (ENDS) device or electronic non-nicotine delivery system (ENNDS) that state they are alternatives to smoking or assist in cessation must present and support their claim with the Ministry of Health, which defines the corresponding regulatory actions.”
Laws for labelling and packaging
The law sets new rules for the packaging and labelling of tobacco products. Among them are regulations that require packages to be 70% covered by warnings about the health damages that can occur by consuming the product as well as text that indicates its sale to minors is prohibited.
For nicotine products, health warnings must cover at least 30% of packages, and packaging for nicotine pouches must also contain the text of legislative decree 1304, which sets the regulation for the national labelling law.
The new law also bans products and packages from using descriptors such as “light”, “ultra light” and “smooth”.
Restrictions on public usage and advertising
Law 3437/2022 indicates that smoking and vaping are prohibited in establishments in Peru dedicated to education or health, in public buildings, workplaces, closed public spaces, and on any mode of public transport. It establishes that all locations where smoking and vaping are prohibited must hang a sign where it is visible to the public that explains the public health risk of these products and that the area is “100% free of smoke and vape emissions”.
While the law bans tobacco marketing in all forms, stringent measures apply to nicotine marketing, which is prohibited on television, radio and media outlets, and must carry a warning that covers 15% of the space used for the advert.
Once Boularte signs the law, the changes to tobacco and nicotine product marketing must be implemented within 180 days from the publication of the law, while the adaptation of packaging requirements must be completed within two years of publication.
– Adam Williams TobaccoIntelligence contributing writer
Photo: Congress of the Republic of Peru
