Last updated: July 29, 2022
Chile became a Party to the WHO Framework Convention on Tobacco Control on September 11, 2005.
Smoke Free Places
Smoking is banned in indoor public places, indoor workplaces, and on public transport. However, an exception allows psychiatric hospitals that do not have open air spaces, or whose patients cannot have access to them, to designate smoking areas. In addition, the smoke free status of hotel guestrooms is unclear. Smoking is also banned in outdoor areas of: primary and secondary educational institutions; facilities where fuel is consumed; places where explosives, inflammable materials, medications, or foods are manufactured, processed, stored, or handled; and athletic facilities, gymnasiums, or stadiums.
Tobacco Advertising, Promotion and Sponsorship
Most tobacco advertising and promotion is banned. However, point of sale product display is allowed, provided that health warnings on packaging are visible. Other permitted forms of tobacco advertising and promotion include toys and candy that resemble tobacco products, limited cross-border internet advertising, and limited unpaid depiction. Although sponsorship by the tobacco industry is not prohibited, publicity of the sponsorship using brand names or brand elements is prohibited.
Tobacco Packaging and Labeling
The Ministry of Health has issued four pairs of pictorial health warnings. Each pair contains two warnings, one to be placed on 50 percent of the front of the package and one to be placed on 50 percent of the back of the package. The warnings are to be placed on the lower part of each surface. Each of the pairs must appear on an equal number of tobacco packages over a 24-month period. Misleading terms such as “light” and “low tar” are prohibited on tobacco packaging, but other misleading packaging (e.g., colors, numbers, and symbols) is not prohibited.
Cigarette Contents and Disclosures
The law grants the authority to regulate ingredients in cigarettes that increase the levels of addiction, harm, or risk; however, no subsequent regulations have been issued. The law requires that manufacturers and importers disclose to government authorities information on the contents of their products, but does not require disclosure of information on emissions.
The law restricts the sale of tobacco products via vending machines and prohibits the sale of tobacco products in public and private healthcare facilities and in places located at a distance of less than one hundred meters from elementary and secondary educational institutions. The law prohibits the sale of single cigarettes or small packets of cigarettes. However, there are no restrictions on the sale of tobacco products via the internet. The sale of tobacco products is prohibited to persons under the age of 18.
Roadmap to Tobacco Control Legislation
Law 19419 Regulating Activities Referred to Related to Tobacco is the primary legislation governing smoke free places; advertising, promotion and sponsorship; and packaging and labeling. The law has been amended several times, most recently by Law 21413, published February 1, 2022. The Manual for the Implementation of the Law on Tobacco Control is a non-binding explanatory manual that provides guidance on implementation and enforcement for smoke free places; advertising, promotion and sponsorship; and packaging and labeling. Several decrees have been issued under Law 19419 establishing the health warnings to be displayed on tobacco product packaging and containing provisions regulating international media. These decrees include: Decree No. 44 of July 15, 2013; Decree No. 88 of December 3, 2015; Decree No. 65 of June 21, 2018; and Decree No. 5 of February 8, 2021.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.