Analysis
Law No. 1280 requires health warnings consisting of images and warning phrases to be displayed on at least 60% of the main surfaces (front and back). Under the transitory provisions, manufacturers will have up to one year from publication of the new health warnings to comply with the requirements in the law.
Until the health warnings under Law No. 1280 are in effect, combined picture and text health warnings are required to be displayed on at least 50% of the front and back surfaces. The warnings prescribed for a given period are to be displayed simultaneously in similar proportions. Currently, there are eight health warnings in rotation.
Specific Regulation for the Administration of Law No. 3029 requires that the following qualitative constituents and emissions phrase be printed on one lateral side of tobacco product packaging: “The smoke of each cigarette you smoke contains, among other toxins, tar, which is carcinogenic; nicotine, an addictive substance; carbon monoxide, a toxic gas found in car exhaust fumes; arsenic, a chemical used in rat poison.” Pursuant to Law No. 1280, until regulations are approved under Law No. 1280, Supreme Decree No. 29376 and its implementing instruments are to remain in force so long as they are not contrary to Law No. 1280.
The law meets FCTC Art. 11 and aligns with the FCTC Art. 11 Guidelines with respect to size, location, and rotation of health warnings on packages of smoked tobacco products.
