Brazil became a Party to the WHO Framework Convention on Tobacco Control on February 4, 2006.
Smoke Free Places
Smoking is prohibited in nearly all enclosed public places and in enclosed workplaces with more than one worker. Smoking is prohibited in aircraft and vehicles of public transportation. Subnational jurisdictions are permitted to enact more stringent smoke free laws.
Tobacco Advertising, Promotion and Sponsorship
Tobacco advertising and promotion is prohibited, with a sole exemption granted for the display of the products at the point of sale. There are some restrictions on tobacco sponsorship and the publicity of such sponsorship.
Tobacco Packaging and Labeling
The law requires the display of a set of nine pictorial health warnings covering 100 percent of the back of the packages. The warnings must rotate. An additional text warning must cover 30 percent of the lower part of the front of the packages, and a qualitative constituents and emissions statement must cover 75 percent of one lateral side. Misleading terms are prohibited on tobacco packaging, but other misleading packaging (e.g., colors, numbers) is not prohibited.
Tobacco Contents and Disclosures
The law regulates specified contents of tobacco products, including sugars and sweeteners; menthol, mint or spearmint; spices or herbs; ingredients that create the impression of health benefits; ingredients associated with energy and vitality; and other flavorings (not previously listed). Additionally, there are some restrictions on ingredients that facilitate nicotine uptake, and it's uncertain whether there are restrictions on processing aids for flavorings, ameliorants and pigments. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
Roadmap to Tobacco Control Legislation
Federal legislation governing smoking in public places; tobacco advertising, promotion and sponsorship; and packaging and labeling of tobacco products exists in many different laws and regulations. Law No. 9.294 (July 16, 1996) is the principal law that governs smoking in public places, tobacco advertising, promotion and sponsorship and packaging and labeling of tobacco products. It was amended in 2000 by Law No. 10.167 (prohibiting the use of smoking products in aircraft and other means of public transportation and restricting or prohibiting various forms of advertising, promotion and sponsorship of tobacco products); in 2001 by Provisional Measure No. 2.190-34 (requiring that all advertising and packaging of tobacco products, except those for exporting, display pictorial health warnings); in 2003 by Law No. 10.702 (covering the text of health warnings); and in 2011 by Law No. 12.546 (prohibiting smoking in all enclosed public places and workplaces, prohibiting all advertising except product displays at the point of sale, and requiring additional health warnings). In addition, Law No. 12.921 prohibits the manufacture, distribution, sale, and advertisement of products intended for children that resemble tobacco products.
There are also multiple regulations and resolutions that regulate Law No. 9.294. Decree No. 2.018 (October 1, 1996) defines key terms and other provisions related to restrictions on public smoking and tobacco advertising and promotion. This decree was subsequently amended by Decree No. 8.262 of May 31, 2014, which narrowed the exemptions to the ban on smoking in public places, among other changes. ANVISA Resolution No. 14 of March 15, 2012 prohibits misleading terms on tobacco product packaging and bans the use of additives in tobacco products. ANVISA Resolution No. 195 of December 14, 2017 establishes the requirements for packaging and labeling, including the health warnings required to appear on the front, back, and side of packaging. ANVISA Resolution No. 213 of January 23, 2018 establishes requirements related to the display of tobacco products at retail points of sale and other forms of tobacco advertising, promotion and sponsorship.
Administrative Order No. 713 (April 17, 2012) contains ethical guidelines adopted by Brazil’s national tobacco control commission, the National Comissão da Convenção Implementação or Control-Quadro to do Snuff e seus Protocols (CONICQ), which regulates certain conflicts of interest, CONICQ-tobacco industry interactions, participation of government servants in events sponsored by industry, and employment proposals, among other things.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.