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Home \Legislation by Country \Chile \  Summary
Last updated: July 22nd 2015

Introduction

Chile became a Party to the WHO Framework Convention on Tobacco Control on September 11, 2005.

Smoke Free Places: Smoking is banned in indoor public places, indoor workplaces, and on public transport. However, an exception allows psychiatric hospitals that do not have open air spaces, or whose patients cannot have access to them, to designate smoking areas. In addition, the smoke free status of hotel guestrooms is unclear. Smoking is also banned in outdoor areas of: primary and secondary educational institutions; facilities where fuel is consumed; places where explosives, inflammable materials, medications, or foods are manufactured, processed, stored, or handled; and athletic facilities, gymnasiums, or stadiums.

Tobacco Advertising, Promotion and Sponsorship: Most tobacco advertising and promotion is banned. However, point of sale product display is allowed, provided that health warnings on packaging are visible. Other permitted forms of tobacco advertising and promotion include toys and candy that resemble tobacco products, limited cross-border internet advertising, and limited unpaid depiction. Although sponsorship by the tobacco industry is not prohibited, publicity of the sponsorship using brand names or brand elements is prohibited.

Tobacco Packaging and Labeling: The Ministry of Health has issued five sets of warnings. Each set contains two pictorial warnings, one to be placed on 50 percent of the front of the package and one to be placed on 50 percent of the back of the package. The warnings are to be placed on the lower part of each surface. Each of the five sets of warnings must appear on an equal number of tobacco packages and the warnings sets are required to change after a period of 12 to 24 months. 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: Law 19419 Regulating Activities Referred to Related to Tobacco is the primary legislation governing smoke free places; advertising, promotion and sponsorship; and packaging and labeling. Decree 44 was issued under this legislation and provides implementing regulations for advertising, promotion and sponsorship; and packaging and labeling. The Manual for the Implementation of the Law on Tobacco Control is a non-binding explanatory manual that provides guidance on implementation and enforcement for smoke free places; advertising, promotion and sponsorship; and packaging and labeling.  

Review Status

This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.

The materials and analysis available at this website are for informational and educational purposes only and not for the purpose of providing legal advice.