Last updated: May 23, 2025

Main Policies

Sale of heated tobacco products

Sale of heated tobacco products

Allowed
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Analysis

The law allows the sale of HTPs subject to several restrictions including packaging requirements, a minimum sales age, and a ban on vending machines sales. Law No. 2354 of 2024 makes the sale of HTPs subject to the tobacco control measures set out in Law No. 1335 of 2009.

Main policies

Use in indoor public places, workplaces, and public transport

Banned
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Analysis

Law No. 1335 of 2009 prohibits smoking in indoor public places, indoor workplaces, and public transport. Law No. 2354 of 2024 makes HTPs subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, the use of HTPs in indoor public places, indoor workplaces and public transport is prohibited.

Advertising and promotion (excluding point of sale product display)

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Some Restrictions
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Tobacco inserts (sticks, pods): Some Restrictions
Analysis

Law No. 2354 of 2024 makes HTPs (including inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 generally prohibits tobacco advertising and promotion. However, the law does not explicitly prohibit retailer incentive programs or address unpaid depiction of tobacco products and use in media. Therefore, the regulatory status code “Some Restrictions” is given. 


Devices: Some Restrictions
Analysis

Law No. 2354 of 2024 makes HTPs (including inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 generally prohibits tobacco advertising and promotion. However, the law does not explicitly prohibit retailer incentive programs or address unpaid depiction of tobacco products and use in media. Therefore, the regulatory status code “Some Restrictions” is given.

Sponsorship

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Not Applicable
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Tobacco inserts (sticks, pods): Some Restrictions
Analysis

Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 prohibits sponsorship of sporting and cultural events by tobacco companies or tobacco brands. The law does not prohibit sponsorship of individuals, organizations, governments, or events that are not related to sporting or culture. Therefore, sponsorship of tobacco inserts is restricted in the same manner and the regulatory status code “Some Restrictions” is given.


Tobacco inserts (sticks, pods): Not Applicable
Analysis

Law No. 1335 of 2009 requires that tobacco products be “inaccessible from public stands having no type of access control.” Law No. 2354 of 2024 makes HTPs (including inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, tobacco inserts may not be placed on displays that are directly accessible to customers. Although Resolution No. 1 of 2018 prohibits point of sale tobacco product displays, it is unclear if this resolution applies to HTPs, as Law No. 2354 amends Law No. 1335 only and does not mention implementing regulations. Therefore, the regulatory status code “Some Restrictions” is given.

Point of sale product display

Tobacco inserts (sticks, pods): Not Applicable
Devices: Some Restrictions
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Tobacco inserts (sticks, pods): Not Applicable
Analysis

Law No. 1335 of 2009 requires that tobacco products be “inaccessible from public stands having no type of access control.” Law No. 2354 of 2024 makes HTPs (including inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, tobacco inserts may not be placed on displays that are directly accessible to customers. Although Resolution No. 1 of 2018 prohibits point of sale tobacco product displays, it is unclear if this resolution applies to HTPs, as Law No. 2354 amends Law No. 1335 only and does not mention implementing regulations. Therefore, the regulatory status code “Some Restrictions” is given.


Devices: Some Restrictions
Analysis

Law No. 1335 of 2009 requires that tobacco products be “inaccessible from public stands having no type of access control.” Law No. 2354 of 2024 makes HTPs (including inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, devices may not be placed on displays that are directly accessible to customers. Although Resolution No. 1 of 2018 prohibits point of sale tobacco product displays, it is unclear if this resolution applies to HTPs, as Law No. 2354 amends Law 1No. 335 only and does not mention implementing regulations. Therefore, the regulatory status code “Some Restrictions” is given.

Sale of heated tobacco products via the internet

Tobacco inserts (sticks, pods): Allowed
Devices: Allowed
Tobacco inserts (sticks, pods): Allowed
Analysis

The law does not specifically prohibit or restrict the sale of tobacco inserts or devices through the internet. Therefore, the law is interpreted as allowing internet sales of tobacco inserts.


Devices: Allowed
Analysis

The law does not specifically prohibit or restrict the sale of tobacco inserts or devices through the internet. Therefore, the law is interpreted as allowing internet sales of devices.

Sale of heated tobacco products via vending machines

Tobacco inserts (sticks, pods): Some Restrictions
Devices: Some Restrictions
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Tobacco inserts (sticks, pods): Some Restrictions
Analysis

Law No. 1335 of 2009 restricts the sale of tobacco products by vending machine. Specifically, the use of vending machines is prohibited in places at points of sale where there is free access by minors. Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, the sale of tobacco inserts by vending machine is restricted in the same manner and the regulatory status code “Some Restrictions” is given.


Devices: Some Restrictions
Analysis

Law No. 1335 of 2009 restricts the sale of tobacco products by vending machine. Specifically, the use of vending machines is prohibited in places at points of sale where there is free access by minors. Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, the sale of devices by vending machine is restricted in the same manner and the regulatory status code “Some Restrictions” is given.

Flavors

Allowed
Analysis

The law does not restrict flavors in HTPs.

Specified ingredients/additives

Not Regulated
Analysis

The law does not restrict specific ingredients or additives for HTPs.

Health warnings on product packaging

Tobacco inserts (sticks, pods): Required
Devices: Required
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Tobacco inserts (sticks, pods): Required
Analysis

Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 requires that a combined picture/text warning occupy 30% of the two principal display areas (front and back) of all tobacco product packages.  The law requires that warning text be in Spanish. Therefore, the health warnings on tobacco inserts are required in the same manner.


Devices: Required
Analysis

Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 of 2009 requires that a combined picture/text warning occupy 30% of the two principal display areas (front and back) of all tobacco product packages. Therefore, the health warnings on devices are required in the same manner.

Other product packaging and labeling requirements

Tobacco inserts (sticks, pods): Required
Devices: Required
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Tobacco inserts (sticks, pods): Required
Analysis

Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 prohibits the use of misleading descriptors on tobacco product packaging, such as “mild”, “light”, “low in tar, nicotine and carbon monoxide.”

Note that Ministry Decision No. 003961, issued pursuant to Law No. 1335, further provides that tobacco products may not contain misleading information as to their characteristics, effect on health, risks or emissions or use terms, descriptive elements, brand or trade names, figurative or other types of sign whose direct or indirect effect is to create the false impression that a particular tobacco product is less harmful than others. However, it is unclear if this Ministry Decision applies to HTPs (inserts and devices), as Law No. 2354 amends Law No. 1335 only and does not mention implementing regulations.


Devices: Required
Analysis

Law No. 2354 of 2024 makes HTPs (inserts and devices) subject to the tobacco control measures set out in Law No. 1335 of 2009. Law No. 1335 prohibits the use of misleading descriptors on tobacco product packaging, such as “mild”, “light”, “low in tar, nicotine and carbon monoxide.”

Note that Ministry Decision No. 003961, issued pursuant to Law No. 1335, further provides that tobacco products may not contain misleading information as to their characteristics, effect on health, risks or emissions or use terms, descriptive elements, brand or trade names, figurative or other types of sign whose direct or indirect effect is to create the false impression that a particular tobacco product is less harmful than others. However, it is unclear if this Ministry Decision applies to HTPs (inserts and devices), as Law No. 2354 amends No. Law No. 1335 only and does not mention implementing regulations.

Manufacturer/importer disclosure and/or notification requirements

Required
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Analysis

Law No. 1335 of 2009 requires manufacturers and importers of cigarettes to annually submit a report at the request of the Ministry of Health and Social Welfare on the ingredients and emissions of their products. Law No. 2354 of 2024 makes HTPs subject to the tobacco control measures set out in Law No. 1335 of 2009. Therefore, manufacturers and importers of HTPs must disclose ingredients and emissions of their products to the Ministry. However, the regulations on disclosure requirements have not yet been issued.