Country Details For Brazil
Brazil became a Party to the WHO Framework Convention on Tobacco Control on February 4, 2006.
Smoke Free Places: Smoking is prohibited in all enclosed public places and in enclosed workplaces with more than one worker. Smoking is prohibited in aircraft and vehicles of public transportation. However, it is unclear whether public transport includes trains and taxis. Subnational jurisdictions are permitted to enact more stringent smoke free laws.
Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising and promotion is prohibited, with a sole exemption granted for the display of the products at the point of sale. There are some restrictions on tobacco sponsorship and the publicity of such sponsorship.
Tobacco Packaging and Labeling: The law requires the display of a set of 9 graphic health warnings covering 100 percent of the backside and 100 percent of one side of the packages. The warnings must be changed at least every 5 months. Beginning in January 2016, an additional text warning must cover 30 percent of the lower part of the front side of the packages. Misleading terms such as “light” and “low tar” are prohibited on tobacco packaging, but other misleading packaging (e.g., colors, numbers, and symbols) is not prohibited.
Roadmap to Tobacco Control Legislation: Federal legislation governing smoking in public places; tobacco advertising, promotion and sponsorship; and packaging and labeling of tobacco products exist in many different laws and regulations. Law No. 9.294 (July 16, 1996) is the principal law that governs smoking in public places, tobacco advertising, promotion and sponsorship and packaging and labeling of tobacco products. It was amended in 2000 by Law No. 10.167 (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); in 2001 by Provisional Measure No. 2.190-34 (requiring that all advertising and packaging of tobacco products, except those for exporting, display pictorial health warnings); and in 2003 by Law No. 10.702 (covering the text of health warnings). Law No. 9.294 was amended by Law No. 12.546 (prohibiting smoking in all enclosed public places and workplaces, prohibiting all advertising except product displays at the point of sale, and requiring additional health warnings). Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products.
There are also multiple regulations or resolutions that regulate Law No. 9.294 including the following: Decree No. 2.018 (October 1, 1996) defines key terms related to restrictions on public smoking such as collective spaces, collective work spaces, and enclosed area properly isolated and intended for smoking; Resolution ANVISA RDC No. 46 (March 28, 2001) (as amended by Resolution ANVISA RDC No. 335 (November 24, 2003)), which prohibits certain misleading descriptors on the packaging of cigarettes and, for all tobacco products, mandates new pictorial warnings and other packaging and labeling information; Resolution ANVISA RDC No. 14 (March 15, 2012), which extends the prohibition on misleading terms to apply to all tobacco products and bans the use of additives in tobacco products; and Resolution ANVISA RDC No. 30 (May 23, 2013), which updates the text of the health warnings prescribed by Resolution ANVISA RDC No. 335 (November 24, 2003). Resolution ANVISA RDC No. 43 (September 3, 2013) amends the effective date of the warnings established by Resolution ANVISA RDC No. 30 (May 23, 2013). ANVISA is Brazil's National Health Surveillance Agency (Agência Nacional de Vigilância Sanitária).
Administrative Order No. 713 (April 17, 2012) 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, among other things.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.