Advertisement Of Tobacco Products In Paraguay: Are We Heading Towards A Plain Packaging Measure?

Author:Ms Liliana Nolan (Mersan Abogados)
Profession:Global Advertising Lawyers Alliance (GALA)

Following the current global trend and pursuant to the obligations Paraguay assumed with the signing and ratification of the WHO Framework Convention on Tobacco Control, in December 2015 a new law was sanctioned regulating different aspects of the consumption and advertisement of tobacco and tobacco products, as well as an increase in the applicable tax. The objective of such piece of legislation is the establishment of the measures necessary for the protection of human health with respect to the health, social, environmental and economic consequences that may derive from the consumption of tobacco and the exposure to the smoke produced by tobacco products, for example, the reduction in the consumption of tobacco products, regulation of contents of tobacco products as well as their advertisement, labelling and packaging, among other.

For such objectives, various measures regarding the sales/commercialization, advertisement, labelling, packaging, etc., have been introduced, which are briefly summarized below:

Sales: Sales or provision of tobacco products shall be carried-out directly and personally only, meaning that tobacco products cannot be sold by mail, telephone, or other electronic means. The products can only be sold at the cash registers or in sales points within the commercial establishments specially set up for such purpose, by which they cannot be freely available to the consumers among the other products. In addition, tobacco products cannot be sold in certain places, such as hospitals or other health centers, educational establishments, among other examples. And they cannot be sold to children or teenagers. Non-smoking places: Smoking (even smoking of electronic cigarettes) is prohibited in certain places, such as primary and middle schools, public transport (namely buses, airplanes, ships) as well as the enclosed spaces of their respective terminals, theaters, movie theaters or other public activities premises, hospital and health institutions, indoor areas of working places (offices, mines, factories, workshops), places where explosive or inflammable materials/articles, food and medicines are manufactured, processed, stored or manipulated, supermarkets and shopping centers, pubs, restaurants, bars, discos, among others. In all areas where smoking is, warning, non-smoking signs shall be placed, in Spanish and in Guarani. Association of tobacco products with other product trademarks: "Extension of tobacco trademarks" or...

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