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Brazil

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Introduction

Brazil became a Party to the WHO Framework Convention on Tobacco Control on November 3, 2005.

Smoke Free Places: Smoking is prohibited in all enclosed public places and the vast majority of enclosed workplaces. 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. Tobacco product sponsorships of cultural or sporting activities are prohibited.

Tobacco Packaging and Labeling: Tobacco products must carry graphic health warnings covering 100 percent of the backside and 100 percent of one side of the packages. Beginning in January 2016, an additional text warning must cover 30 percent of the lower part of the front side of the packages. Brazil was the first country in the world to ban misleading terms such as “light” and “low-tar,” but other misleading packaging (such as colors, numbers and symbols) are not prohibited.

Roadmap to Tobacco Control Legislation: In Brazil, 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. 54 (August 6, 2008), which mandates the text of the health warning prescribed by Resolution RDC ANVISA No. 335 (November 24, 2003); and 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. 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. 

Review Status

This country’s legal measures were collaboratively reviewed by an in-country lawyer and our legal staff.

Last updated: January 6th 2014
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