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Laws
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Law No. 6.437 of 1977, Federal Sanitary Legislation (as amended)

August 20, 1977

COMMENTS: Law No. 6.437 of 1977 provides for penalties for violations of the packaging and labeling requirements, among other things. Law No. 6.437 has been amended several times, most recently by Provisional Measure No. 2.190-34 of 2001, providing that fine amounts for violations take into consideration the economic capacity of the offender.

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Brazilian Aeronautics Code, Law No. 7.565 of 1986 (as amended)

December 20, 1986

COMMENTS: Brazilian Aeronautics Code, Law No. 7.565 of 1986 provides definitions for several forms of public transportation. It was amended on March 3, 1998 by Law No. 9.614.

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Law No. 8069 of 1990 on Prohibiting Sale to Minors Under 18 (as amended)

July 13, 1990

COMMENTS: Law No. 8069 of 1990 prohibits the sale of cigarette products, and any product that might cause physical or psychological dependence, to minors. Only an excerpted portion of the law is available here.

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Consumer Rights Code, Law No. 8.078 of 1990 (as amended)

September 11, 1990

COMMENTS: The Consumer Rights Code, Law No. 8.078 of 1990, prohibits misleading advertising, among other things. Only an excerpted portion of the law is available here.

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Law No. 9.294 (as amended by Law No. 10.167/00, Provisional Measure No. 2.190-34/01, and Law No. 10.702/03)

July 16, 1996

COMMENTS: Law No. 9.294 (July 16, 1996) is a Federal law establishing restrictions on the use and advertising of smoking products, alcoholic beverages, medicines, therapeutic remedies, and pesticides.

The text of Law No. 9.294 available here contains the provisions amended by Law No. 10.167/00 (prohibiting the use of smoking products in aircraft and other means of public transportation and restricting or prohibiting various forms of advertising, promotion and sponsorship of tobacco products); Provisional Measure No. 2.190-34/01 (requiring that all advertising and packaging of tobacco products, except those for exporting, display pictorial health warnings); and Law No. 10.702/03 (covering the text of health warnings).

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Decree No. 2.018 on Regulations of Law No. 9.294

October 1, 1996

COMMENTS: Decree No. 2.018 (October 1, 1996) regulates Federal Law No. 9.294 (July 15, 1996) by defining the key terms related to restrictions on public smoking and listing those places exempted from the smoking ban, among other measures. Decree No. 2.018 was subsequently amended by Decree No. 8.262 of May 31, 2014.

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Brazilian Traffic Code, Law No. 9.503 of 1997 (including Annex 1) (as amended)

January 22, 1998

COMMENTS: Brazilian Traffic Code, Law No. 9.503 of 1997, Appendix 1 of Concepts and Definitions provides definitions for several forms of public transportation. It has been amended several times, most recently by Law No. 12.058 on October 13, 2009.

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Law No. 10.167 of December 27, 2000

December 27, 2000

COMMENTS: Law No. 10.167 (December 27, 2000) amends Law No. 9.294 (July 15, 1996) by prohibiting the use of smoking products in aircraft and other means of public transportation and restricting or prohibiting various forms of advertising, promotion and sponsorship of tobacco products.

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ANVISA Resolution No. 46 of March, 28, 2001 (as amended by ANVISA Resolution No. 335 of November 24, 2003)

March 28, 2001

COMMENTS: ANVISA Resolution No. 46 of March, 28, 2001 (as amended by ANVISA Resolution No. 335 of November 24, 2003) prohibits the use of terms such as light, soft, mild, or any other term that could mislead consumers as to the levels contained in the cigarettes in question. In addition, it establishes the maximum percentage of tar, nicotine, and carbon monoxide allowed.

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ANVISA Resolution No. 104 of May 31, 2001

May 31, 2001

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

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Provisional Measure No. 2.190-34

August 23, 2001

COMMENTS: Provisional Measure No. 2.190-34 (August 23, 2001) amends Federal Law No. 9.294 (July 15, 1996) by requiring that all advertising and packaging of tobacco products, except those for exporting, display pictorial health warnings.

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ANVISA Resolution No. 304 of November 8, 2002

November 8, 2002

COMMENTS: ANVISA Resolution No. 304 of November 8, 2002 prohibits the use of packages of food that resemble cigarette packaging and the use of tobacco brand names for food products.

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ANVISA Resolution No. 15 of January 17, 2003

January 17, 2003

COMMENTS: ANVISA Resolution No. 15 of January 17, 2003 regulates certain provisions of Law No. 9.294 of 1996 by defining key terms such as “tobacco products propaganda and advertising” and "inside the points of sale" and prohibits the internet sales of tobacco products.

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ANVISA Resolution No. 335 of November 24, 2003

November 24, 2003

COMMENTS: ANVISA Resolution No. 335 of November 24, 2003 mandates new pictorial health warnings and other packaging and labeling information.

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ANVISA Resolution No. 90 of December 27, 2007

December 27, 2007

COMMENTS: ANVISA Resolution No. 90 of December 27, 2007 provides key definitions such as “smoking product,” “brand name,” and “descriptor.”

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ANVISA Resolution No. 32 of May 30, 2008

May 30, 2008

COMMENTS: ANVISA Resolution No. 32 of May 30, 2008 amends portions of ANVISA Resolution No. 90 of December 27, 2007.

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ANVISA Resolution No. 54 of August 6, 2008

August 6, 2008

COMMENTS: ANVISA Resolution No. 54 of August 6, 2008 mandates the text of the health warnings prescribed by ANVISA Resolution No. 335 of November 24, 2003.

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ANVISA Resolution No. 46 of August 28, 2009 Prohibiting the Sale, Importation, and Advertising for Any Kind of Electronic Smoking Devices (Electronic Cigarettes)

August 28, 2009

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

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Act No. 12.402 of May 2, 2011

September 1, 2011

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

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Law No. 12.546 of December 14, 2011

December 15, 2011

COMMENTS: Law No. 12.546 of December 14, 2011 makes several amendments to Law No. 9.294. In particular, the amendments prohibit smoking in all shared enclosed spaces; extend the ban on forms of tobacco advertising, promotion and sponsorship; and require text health warnings on the front of packaging (in addition to the graphic health warning occupying 100% of the back of the package).

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ANVISA Resolution No. 14 of March 15, 2012

March 15, 2012

COMMENTS: ANVISA Resolution No. 14 of March 15, 2012 bans the use of additives and flavorings in all tobacco products, including the use of menthol, clove and ammonia among others. The resolution also extends the ban on misleading descriptors on tobacco product packages to all tobacco products including little cigars.

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Administrative Rule No. 713 of April 17, 2012

April 17, 2012

COMMENTS: Administrative Order No. 713 contains ethical guidelines adopted by Brazil’s national tobacco control commission, the National Comissão da Convenção Implementação or Control-Quadro to do Snuff e seus Protocols (CONICQ), which regulates certain conflicts of interest, CONICQ-tobacco industry interactions, participation of government servants in events sponsored by industry, and employment proposals. The administrative order also establishes the following principles for action for members of the CONICQ: transparency, the primacy of the interests of public health, access to information about the tobacco industry and its interference in tobacco control policies, and publicity of interactions between the tobacco industry and CONICQ.

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ANVISA Resolution No. 30 of May 23, 2013

May 25, 2013

COMMENTS: ANVISA Resolution No. 30 of May 23, 2013 amends ANVISA Resolution No. 335 of November 21, 2003 and establishes the contents of the health warnings required to be displayed on packaging beginning January 19, 2014. The new set of health warnings replaces the set established in ANVISA Resolution No. 54 of August 6, 2008. The resolution also updates the quitline phone number.

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ANVISA Resolution No. 43 of September 3, 2013

September 4, 2013

COMMENTS: ANVISA Resolution No. 43 of September 3, 2013 amends the deadlines established in ANVISA Resolution No. 30 of May 23, 2013 for the display of a new round of health warnings. The new effective date is established as January 19, 2014.

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Law No. 12.921 of December 26, 2013

June 25, 2014

COMMENTS: Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products.

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Decree No. 8.262 of May 31, 2014

November 29, 2014

COMMENTS: Decree No. 8.262 of May 31, 2014 amends December No. 2.018 of December 1, 1996 with respect to places where designated smoking rooms are permitted, the display of tobacco products at points of sale, and product packaging and labeling.

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Interministerial Edict No. 2.647 of December 4, 2014

December 5, 2014

COMMENTS: Interministerial Edict No. 2.647 of December 4, 2014 establishes the conditions for isolation, ventilation, and removal of air and other worker protections in designated smoking rooms.

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ANVISA Resolution No. 14 of April 10, 2015

April 13, 2015

COMMENTS: ANVISA Resolution No. 14 of April 10, 2015 establishes the requirements for the health warning required to appear on the lower 30% of the front of tobacco product packages beginning January 1, 2016.

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ANVISA Resolution No. 195 of December 14, 2017

May 25, 2018

COMMENTS: ANVISA Resolution No. 195 of December 14, 2017 establishes the packaging and labeling requirements for all smoked tobacco products, including a new round of health warnings. Products must comply with the new requirements by May 25, 2018.

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ANVISA Resolution No. 213 of January 23, 2018

May 25, 2018

COMMENTS: ANVISA Resolution No. 213 of January 23, 2018 establishes the terms for the display of tobacco products at points of retail sale. The requirements will come into effect on May 25, 2018. The Resolution will also require that tobacco products be displayed as far as possible from candy, sweets, toys, and similar items beginning May 25, 2020.

To the best of our knowledge, all laws provided here are in effect as of March 13th 2018, unless otherwise noted.