Last updated: July 21, 2021
Bermuda is a British Overseas Territory and, as such, falls under the jurisdiction of the United Kingdom. The UK became a Party to the WHO Framework Convention on Tobacco Control on March 16, 2005; however, the WHO FCTC has not been extended to Bermuda.
Smoke Free Places
Smoking is prohibited in all indoor public places, indoor workplaces, and on public transport. In addition, smoking is also prohibited on the premises (i.e., outdoor areas) of all educational facilities and most healthcare facilities.
Tobacco Advertising, Promotion and Sponsorship
The law prohibits many forms of tobacco advertising and promotion. Point of sale product display is limited to areas that are not directly accessible to consumers, and may not be within three meters of sweets, toys, candy, and other items that might reasonably appeal to minors. Although sponsorship by the tobacco industry is not prohibited, publicity of the sponsorship is subject to a number of restrictions.
Tobacco Packaging and Labeling
Tobacco product packaging must display a text-only health warning on 30 percent of the front and back faces. Although the contents of multiple health warnings have been specified, the law does not require equal distribution of the warnings and provides no details about rotation. Misleading packaging and labeling, including terms such as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosures
The law regulates specified contents in cigarettes, including prohibiting flavored tobacco products except for tobacco and menthol flavors. 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 by vending machines and in healthcare facilities, educational facilities, daycare facilities, preschools, and government buildings. However, there are no restrictions on the sale of single cigarettes, small packs of cigarettes, or tobacco products via the internet. The sale of tobacco products is prohibited to persons under the age of 18.
The sale of e-cigarettes is allowed. The use of e-cigarettes is prohibited in indoor public places, indoor workplaces, and on public transport. In addition, e-cigarette advertising and promotion are prohibited, and there are restrictions on the publicity of sponsorship contributes. Text-only health warnings are required to cover 30 percent of the front and back of e-cigarette packaging.
Roadmap to Tobacco Control Legislation
The Tobacco Control Act 2015 is the primary law governing tobacco control in Bermuda. The law has been amended once by the Tobacco Control (Schedule 1 Amendment) Regulations 2016. The 2015 law repealed the Tobacco Products (Public Health) Act 1987 and the regulations issued under it.
In addition to the tobacco advertising restrictions in the Tobacco Control Act 2015, the Sound Broadcasting Service Regulations 1994 and the Television Broadcast Service Amendment Regulations 1993 both include provisions prohibiting tobacco advertising without the express written consent of Broadcast Commissioners.
This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.