Guatemala became a Party to the WHO Framework Convention on Tobacco Control on February 14, 2006.
Smoke Free Places
Smoking is prohibited anywhere in workplaces and closed public places. There is one limited exemption to the complete indoor smoking ban for hotel and motel guest rooms. Smoking is also prohibited on all public transportation.
Tobacco Advertising, Promotion and Sponsorship
Tobacco advertising, promotion and sponsorship is generally allowed, with a few restrictions on some forms of tobacco advertising. Tobacco advertising may not air between the hours of 06:00 and 21:00 on TV and radio and may not appear in print publications intended for youth. All advertising must be approved in advance by the Commission, a body established by the Ministry of Health to oversee tobacco advertising. In addition, health warnings are required on all advertising.
Tobacco Packaging and Labeling
One of five text health warnings must occupy 25 percent of the front surface of the pack. The warning “Use of this product causes serious health damage” must be printed on the side of the pack. The size of the side panel warning is not specified.
Roadmap to Tobacco Control Legislation
Decree No. 90-97 of the Congress of the Republic of Guatemala is the Health Code of the Republic of Guatemala. It governs many aspects of public health and services, including tobacco advertising, promotion and sponsorship; tobacco packaging and labeling; and restrictions on smoking. Government Agreement No. 426-2001 (Regulations for the Regulation, Approval and Advertising and Places of Use For Tobacco-Related Products) was issued under Decree No. 90-97 and implements provisions on tobacco advertising, promotion and sponsorship and tobacco product packaging and labeling. Decree No. 74-2008 (Law Creating Tobacco Smoke Free Environments) repealed some smoking provisions in Decree No. 90-97 (the Health Code) and is now the main law governing smoking in public places, workplaces, and public transportation. It establishes a complete smoking ban in indoor areas, with the exception of some hotel guestrooms. Government Agreement No. 137-2009 (Regulations of Decree No. 74-2008) was issued under Decree No. 74-2008 to implement the prohibition on smoking in indoor places.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.