Peru’s Vaping Law, Explained by Jorge Palma
An ASOVAPE perspective on Latin America’s evolving nicotine policies.
To limit the access of minors and non-smokers to electronic cigarettes and mitigate the risks of smoking, the Peruvian Congress approved a legislative update that imposes new restrictions on the sale and use of vaporizers. These measures, which ban smoking and vaping in enclosed spaces and establish strict regulations on advertising, aim to protect public health and strengthen control over these devices. Jorge Palma, president of the Association of Vapers of Peru (ASOVAPE), explains the key points of the new regulation and shares his perspective on its effectiveness and balance.
On September 19, Congress took a decisive step by approving bills n° 3412, 3732, 4178, and 4747, which introduce new restrictions on the sale and consumption of “nicotine products,” such as electronic cigarettes and their accessories, and “tobacco products,” including heated tobacco and traditional cigarettes.
These initiatives, reviewed and endorsed by the Health and Consumer Defense Commissions and later modified by the Economic Commission, aim to tighten regulations on access to these products, particularly concerning minors.
A World Health Organization survey revealed that, by 2019, 6% of Peruvian students between 13 and 15 years old had already used electronic cigarettes.
The recently approved reforms reflect the State’s commitment to reducing the growing accessibility of minors to these devices while also seeking to establish stricter control without compromising lower-risk alternatives for adults in a context where smoking remains a significant issue among the adult population.
According to data from the Ministry of Health, in 2019, the prevalence of smoking among adults was 11.8%, which equates to approximately 3.8 million smokers in the country.
Jorge Palma, president of ASOVAPE, expressed concerns about certain aspects of the legislation.
Although he acknowledges that it is a great first step in protecting public health, which is “the most important thing,” Palma warns that excessive restrictions could have counterproductive effects.
According to Palma, a strict ban could push consumers toward the black market, where unregulated products pose greater health risks.
“What we need is a balance between protecting minors and allowing regulated access for adults seeking a less harmful alternative to traditional cigarettes,” he commented.
“We believe that there is still much to regulate, especially regarding product quality controls. Furthermore, in the aspects that are already being addressed, it is crucial to define them more precisely, clearly differentiating us from tobacco. This would make the law much more understandable and effective in its implementation.”
~ Jorge, from the perspective of the Peruvian Association of Vapers, what is your overall assessment of the recently approved bills in Congress regarding electronic cigarettes?
JP: This project is the only one approved in Congress for vaping. However, it encompasses several different bills, selecting the best from each to achieve proper and sensible regulation. An example is the ban on sales to and by minors. At the same time, it removed parts of other unreasonable proposals. It leaned toward excessive prohibition, such as banning all flavors or requiring products to be sold only in packs of 20 units.
~ One of the key points is the ban on the sale of vapes to minors. However, the bill does not include clear penalties for violating this provision. What is your opinion on this omission, and what impact do you think it will have on the effective enforcement of the law?
JP: No penalties have been established for now because several steps are still required for this project to become law. Among these steps is the creation of regulations, which will define the sanctions and their application more clearly.
~ How do you consider the balance between advertising restrictions and the need for adult smokers to access clear information about less harmful products, such as electronic cigarettes?
JP: From Asovape, we believe that providing information about vaping as a harm reduction method is one of the most critical points. People who cannot quit traditional cigarettes or do not want to stop consuming nicotine must be informed about the different methods that can help them. We hope that when the regulations are created, our voice as interested users will be heard and that an agreement will be reached to provide accurate information about these products without it being considered advertising.
~ How do you think this legislation will affect the vaping market in Peru, both for consumers and for manufacturing and importing companies, considering the lack of clear penalties and the limited regulation on product composition?
JP: At Asovape, we believe this bill represents a great step forward in regulating a rapidly growing market, which has the potential to save many lives. Unfortunately, many aspects still require attention. Still, we trust that with ongoing dialogue between users and legislators, all the points that have not yet been considered can be regulated in the future. This would greatly benefit consumers, as it would provide certainty that the products entering our market are of optimal quality for consumption. At the same time, it would provide the industry with a clear regulatory framework regarding what they can and cannot offer.
Learn the Key Points of the Bill
Restrictions on commercialization
The law establishes several clear restrictions regarding the commercialization of tobacco, nicotine products, and their substitutes to protect minors.
The sale of any product related to tobacco or nicotine, including electronic devices and their accessories, to individuals under 18 years of age is prohibited.
Additionally, packages containing fewer than ten units are not allowed to be sold, as this would make more accessible and affordable products more attractive to young people.
The distribution of samples, promotional products, or any gift containing tobacco, nicotine, or substitutes, including electronic devices, to minors is also prohibited.
The sale of products through vending machines is equally restricted. These machines are not allowed to be placed in locations with unrestricted access to individuals under 18, ensuring that such devices do not facilitate the acquisition of products by minors.
Lastly, the regulation prohibits using names that may appeal to minors, particularly those referring to sweets or desserts, in tobacco, nicotine, and substitute products that use flavorings or aromas.
Ban on use in public spaces
The recently approved legislation bans smoking and vaping in various locations, including health and educational establishments, government offices, workplaces, enclosed public spaces, and public transportation. These areas will be declared 100% smoke-free and vape emissions-free zones.
The definition of an enclosed public space covers any area with a roof and at least two walls, regardless of the material or the permanence of these structures.
Additionally, affected locations must display signs in visible places that state: “Smoking and vaping are prohibited in this establishment. 100% smoke-free and vape emissions-free environments, as they are harmful to health.”
This ban may also extend to other public-use spaces that, due to their characteristics, may be considered for inclusion under this regulation in the future.
The law mandates that all places subject to this restriction post visible notices informing users of the prohibition. The signs must carry the following message: “Smoking and vaping are prohibited in this establishment. 100% smoke-free and vape emissions-free environment, as they are harmful to health.”
Advertising and Promotion Control
The law prohibits the advertising, promotion, and sponsorship of tobacco products or their substitutes, covering the national sphere and any activity with a cross-border reach.
The legislation imposes various restrictions on nicotine-containing products, limiting their promotion. Advertising on open television, radio, and similar platforms is prohibited. Additionally, no advertisements are allowed in health establishments, educational centers, public offices, or within a 500-meter radius of schools that serve minors.
The law also bans any communication promoting the use of nicotine products among minors, both in printed media targeted at this group and in activities or events where minors may be present. Furthermore, all advertising for these products must include a clear warning: “Sale to minors under 18 is prohibited. This product contains nicotine.” This warning must occupy at least 15% of the advertising space, placed at the bottom in black capital letters on a white background.
Finally, the regulation prohibits the use of images or messages that associate the consumption of nicotine products with personal success, sexual attraction, or popularity, to prevent these products from being perceived as aspirational or desirable, especially by young people.
Note: The provided sources detailing the bill on controlling tobacco, nicotine, and related products address advertising regulations but do not explicitly mention the prohibition of advertising on the internet, digital platforms, or similar media.
Article 8 establishes a complete ban on advertising, promoting, and sponsoring tobacco products or their substitutes, including cross-border reach.
Article 9 imposes restrictions on nicotine products, prohibiting advertising on open television, radio, and similar media.
However, neither article explicitly mentions the internet or digital platforms, which may create ambiguity about the law’s application to these channels. A legal interpretation of the term “similar media” would be necessary to determine if it includes the internet and digital platforms.
Packaging and Labeling
The measures related to the packaging and labeling of tobacco and nicotine products are stringent and aim to inform consumers about the health risks associated with these products.
Tobacco products must carry graphic and textual warnings that cover 70% of the main surfaces of the package, featuring shocking images and phrases warning about health damage.
The Ministry of Health (Minsa) defines the graphic standards for these warnings. Additionally, the packages must include the phrase: “Sale to minors under 18 is prohibited.”
For nicotine products, a textual warning is required to cover 30% of each of the main sides of the packaging. This warning must inform about the presence of nicotine and the dangers associated with its consumption, along with the phrase “Sale to minors under 18 is prohibited.”
The regulation also bans the use of terms that may downplay the risks of consumption, such as “light,” “mild,” “ultra-light,” or any other synonym suggesting the product is less harmful. This ban aims to prevent consumer confusion about the actual risks associated with tobacco.
Finally, labels must include mandatory information such as the expiration date, nicotine content, tar, and carbon monoxide (in the case of tobacco products), as well as any other data required by specific labeling laws for industrial products.
Education and Public Policies
The Ministry of Education (Minedu), in coordination with the Ministry of Health (Minsa), will implement prevention actions within the national curriculum to raise students’ awareness about the risks of using tobacco products and vapes.
These educational activities, designed by Minedu and approved by ministerial resolution, aim to build awareness from an early age.
Additionally, Minsa will provide technical assistance to other government entities to help them integrate policies that control tobacco consumption and related products.
It will also develop educational programs, diagnostics, and treatment for dependencies, and oversee compliance with the new regulations.
Enforcement and Adaptation Deadlines
The Ministry of Health (MINSA) will enforce these new regulations in collaboration with local governments and civil society organizations.
Municipalities will oversee the commercialization and use of tobacco, nicotine, and related products, while advertising and labeling regulation will be managed following Legislative Decree 1304.
The industry will have two years to adapt packaging to the established requirements. It is important to note that products acquired before the law takes effect will be exempt from complying with these new standards.
The regulation outlining the specific details will also be published within 120 days. With the implementation of this legislation, Laws N° 28705 and N° 29517 will be repealed.
This interview took place in October 2024.