Last updated: September 17, 2019

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Analysis

The law allows the sale of cigarettes "exclusively" in packs containing 20 units. This is interpreted as prohibiting the sale of single cigarettes.

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.

Sale of tobacco products via vending machines

Allowed
Analysis

The law does not specifically prohibit or restrict the sale of tobacco products by vending machines; therefore, the law is interpreted as permitting tobacco product sales through vending machines.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Sale of tobacco products via the internet

Banned
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Analysis

ANVISA Resolution No. 15 prohibits internet sales of tobacco products. Further, tobacco sales by mail are specifically banned under Law No. 9294. This provision effectively bans retail sale by internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.

Sale of smokeless tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
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Analysis

The law prohibits the sale of tobacco products in schools/educational facilities.

Playgrounds

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products on playgrounds; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in stadiums/arenas; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Banned
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Analysis

The law prohibits the sale of tobacco products in healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in cultural facilities; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Government institutions

Banned
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Analysis

The law prohibits the sale of tobacco products in government institutions.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law allows the sale of cigarettes "exclusively" in packs containing 20 units.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The law does not require a minimum weight per unit package of smokeless tobacco.

Retail Licensing Requirements

Specific retail license or equivalent approval required to sell tobacco products

No
Analysis

The law does not require a specific retail license to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license to sell tobacco products.