Last updated: July 28, 2023

Disclosure Requirements

Disclosure by manufacturers and importers of cigarettes to government authorities of information on the contents and/or ingredients used in the manufacture of their cigarettes

Required
Regulatory Authority

Independent Regulatory Health Agency (Entidade Reguladora Independente da Saúde, ERIS)

Analysis

Manufacturers and importers are required to report, prior to manufacture, importing, or sale, a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that it requires disclosure by manufacturers and importers to government authorities of information on the contents and/or ingredients used in the manufacture of their cigarettes.

Disclosure by manufacturers and importers of cigarettes to government authorities of information on the emissions of their cigarettes

Required
Regulatory Authority

Independent Regulatory Health Agency (Entidade Reguladora Independente da Saúde, ERIS)

Analysis

Manufacturers and importers are required to report, prior to manufacture, importing, or sale the emissions levels of tar, nicotine, and carbon monoxide, and, where available, information on other emissions.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that it requires disclosure by manufacturers and importers to government authorities of information on the emissions of their cigarettes.

Disclosed information readily available to the public

Uncertain
Regulatory Authority

Independent Regulatory Health Agency (Entidade Reguladora Independente da Saúde, ERIS); Framework Convention on Tobacco Control Implementation Committee (Comissão de Implementação da Convenção-Quadro para Controlo do Tabaco, CICQ)

Analysis

The law does not explicitly require that disclosed information be made readily available to the public. However, the law provides that manufacturers and importers “shall be charged proportionate fees for receiving, storing, handling, analyzing, and publishing the information submitted pursuant to this Article”, suggesting that disclosed information is published and available to the public. However, because disclosure is not explicitly required, the regulatory status “Uncertain” is given.

To align with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines, the law should explicitly require that disclosed information on contents and emissions be made readily available to the public.