Peru became a Party to the WHO Framework Convention on Tobacco Control on February 28, 2005.
Smoke Free Places
Smoking is prohibited in all indoor workplaces, public places, and on all means of public transport. Smoking is also prohibited in all outdoor areas of educational and health facilities.
Tobacco Advertising, Promotion and Sponsorship
There is no comprehensive ban on tobacco advertising, promotion and sponsorship. Rather, certain specified practices are prohibited or restricted. Tobacco advertising is prohibited on television, radio and websites. Tobacco advertising is restricted to newspapers and magazines whose target audience is over the age of 18, and advertising may not be on the front or back cover. It is prohibited in certain locations, including: in health facilities; in public offices; in, or within 500 meters of, education facilities of any level or nature; at sporting activities of any type; at exhibits and shows where entry is permitted to those under 18 years of age; or within reach of minors at places catering to the public. Brand marking is prohibited on clothes and accessories. There are some restrictions on tobacco sponsorship and the publicity of such sponsorship.
Tobacco Packaging and Labeling
The law requires all tobacco product packages to display a health warning with accompanying graphic image occupying 50 percent of each of the principal display areas. A different warning and image must be displayed on each side. There are twelve authorized health warnings. Two phrases and two different images, as predetermined through Ministerial Resolution from the Ministry of Health, are rotated every twelve months. Misleading packaging and labeling, including terms such as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosures
The law does not grant the authority to regulate the contents of cigarettes. The law does not require that manufacturers and importers disclose to government authorities information on the contents or emissions of their products.
The law prohibits the sale of tobacco products in educational and healthcare facilities and the sale of small packets of cigarettes. The sale of tobacco products by vending machine is restricted to locations where only those above age 18 have access. There are no restrictions on the sale of tobacco products by internet. The sale of tobacco products is prohibited to persons under the age of 18.
Roadmap to Tobacco Control Legislation
Law No. 28705 is the primary law on tobacco control and governs among other things, smoke free environments; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. The Law was amended by Law No. 29517, which required, for the first time, that all indoor workplaces, public transportation, and indoor public places be 100 percent smoke free. The law also required health warnings on both principal display areas of tobacco product packaging, rather than one principal display area. Supreme Decree No. 015-2008 was issued under Law No. 28705 and implements provisions on smoke free environments; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. Supreme Decree No. 015-2008 was amended twice, by Supreme Decree No. 001-2010 and Supreme Decree No. 001-2011, in light of amendments to Law No. 28705 by Law No. 29517. Ministerial Resolution No. 469-2011 was issued under Supreme Decree No. 015-2008 and provides the specific content and format for health warnings. Several ministerial resolutions have been issued identifying which two warnings are to be rotated for a period of one year. These resolutions include: Ministerial Resolution No. 748-2012; Ministerial Resolution No. 607-2013; and Ministerial Resolution No. 684-2014.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.