In more detail

i. Consumption limits

• The consumption of these products is prohibited in health and educational establishments, public facilities, workplaces, public transportation and enclosed public spaces.
• Such establishments and means of transportation must display notices warning about the prohibition of smoking or vaping, in accordance with the wording established in the Law.

ii. Advertising prohibitions and restrictions

• Direct or indirect advertising, as well as sponsorship or promotion of tobacco products or their substitutes, including those with cross-border reach, is prohibited.
• Advertising, sponsorship or promotion of nicotine products on free-to-air television, radio, or similar media is prohibited. Advertisements promoting the consumption of these products by minors are prohibited. Advertising may not be displayed within a 500-meter radius of educational centers attended by minors.
• Advertisements of nicotine products must include the warning: "Not for sale to minors under 18 years of age. This product contains nicotine." This notice should be placed at the bottom of the advertisement in a white space with black capital letters, occupying 15% of the advertising space.
• Nicotine product advertising must not contain images or messages that convey success, sex appeal or popularity.
• Tobacco products, nicotine or their substitutes that come in different flavors or use flavoring must not use candy or dessert names that appeal to minors.
• The delivery to minors of promotional products, samples or gifts of tobacco products, nicotine products, nicotine substitutes, electronic nicotine delivery systems or similar non-nicotine products or their substitutes is prohibited.

iii. Scope of packaging and labeling

• Tobacco product packaging must include health warnings, in accordance with the Ministry of Health regulations and must display the prohibition of sale to minors under 18 years of age on at least 70% of its main surfaces.
• It is prohibited to include the terms "light," "ultralight," "mild," "supersoft," "light," "ultra light," and their synonyms on labels, advertising, trademarks, slogans and any sign accompanying the product.
• The packaging of nicotine products must include warnings about the harm to health, the presence of nicotine and the prohibition of sale to minors under 18 years of age in at least 30% of their packaging.

iv. Participation of the industry

• Representatives of the tobacco products, nicotine and substitutes industry are prohibited from intervening in the establishment and implementation of policies, regulations and measures to control the consumption of tobacco, nicotine or their substitutes.

v. On adequacy

• Advertisers of these products will have 180 calendar days from the issuance of the regulation to adjust their advertising campaigns in accordance with the Law.
• Manufacturers, importers, exporters and distributors of tobacco and nicotine products must gradually modify their packaging within a maximum period of two calendar years from the issuance of the regulation.
• The regulation of the Law must be issued within a term no longer than 120 calendar days.

You can access the publication in the Diario El Peruano through this link.

We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to read the Spanish version.

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