Last updated: February 3, 2020
Argentina is not a Party to the WHO Framework Convention on Tobacco Control. Argentina signed the FCTC on September 25, 2003, but has not ratified the treaty.
Smoke Free Places
Smoking is prohibited in indoor workplaces, indoor public places, and public transport, except for: 1) enclosed private office space that is not shared with other workers and is not used for public services; 2) clubs for smokers of tobacco products; and 3) tobacco shops. Smoking is also prohibited on outdoor patios, terraces, and balconies of healthcare facilities and primary and secondary educational facilities, and under areas covered with a roof that are intended for public gathering. Sub-national jurisdictions may enact smoke free laws that are more stringent than the national law.
Tobacco Advertising, Promotion and Sponsorship
Almost all forms of tobacco advertising and promotion are prohibited, except for: 1) some limited signage at points of sale, and 2) some direct communication of exclusively informational content to consenting persons over 18 years of age. Permitted advertising must contain health warnings on 20 percent of the advertising surface. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Rotating pictorial health warnings must occupy 50 percent of the principal display areas. An image and accompanying text must appear on the lower 50 percent of the front of the package and an accompanying text-only message must appear on the lower 50 percent of the back of the package. The set of 10 health messages and images must be updated every 12 to 24 months. Fifty percent of one side of the tobacco product package must contain information about the free service for quitting smoking that is provided by the Ministry of Health. Misleading packaging and labeling, including such terms as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosures
The law does not regulate the contents of cigarettes. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
The law prohibits the sale of tobacco products via vending machines and in schools, stadiums, healthcare facilities, cultural facilities, public offices, and means of transportation. The law also prohibits the sale of single cigarettes. There are no restrictions, however, on the sale of tobacco products via the internet. The sale of tobacco products is prohibited to persons under the age of 18.
The sale and advertising of e-cigarettes, including devices and cartridges, are prohibited. The use of e-cigarettes is prohibited where smoking is prohibited.
Heated Tobacco Products
The sale of heated tobacco products (HTPs) is prohibited. Existing smoking restrictions apply to HTPs. The law bans the advertising, promotion and sponsorship of both tobacco inserts and devices.
Roadmap to Tobacco Control Legislation
Law 26687 is the primary tobacco control legislation and it regulates, among other things, smoking in public places; tobacco advertising, promotion and sponsorship; and tobacco product packaging and labeling. Decree 602/2013 was issued under Law 26687 to implement its provisions on smoking in public places; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. Resolution 425/2014 establishes the General Regimen for Enforcement and Processing Complaints of Violation of Law 26687. Resolution 497/2012 was also issued under Law 26687 and contains packaging and labeling requirements, as well as health warning requirements for tobacco advertising. Several subsequent rounds of health warnings have been issued, including those in: Resolution 494/2014, Resolution 2236/2015, Resolution 623/2019, and Resolution 3499/2021. The National Administration of Drugs, Foods and Medical Devices Order 3226/2011 bans the the sale, import, distribution, and advertising of e-cigarettes, including the devices and cartridges. Resolution 565/2023 prohibits the importation, distribution, sale, and advertising, promotion, and sponsorship of HTPs.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.