Last updated: January 23, 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

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Regulatory Authority

Secretariat of Health

Analysis

The General Law on Tobacco Control (Art. 13) requires "companies that produce, import or sell tobacco products" to submit information to the Secretariat of Health regarding the "content of the tobacco products, ingredients used, emissions and their health effects," and this information must be made available to the public. The Regulations to the law (Art. 7) further elaborate: "When requesting the health license, tobacco product producers, manufacturers or importers must attach information on the components, additives, residues and other substances used in their manufacture or which their components contain, as well as technical support, the limits allowed and known or potential risks." To make this information available to the public, the Regulation (Art. 8) requires that this information be published in major newspapers and magazines as well as on the company's webpage. Licenses are renewed every three years, at which time these same disclosures must be made.

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

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Gavel
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Regulatory Authority

Secretariat of Health

Analysis

The General Law on Tobacco Control (Art. 13) requires "companies that produce, import or sell tobacco products" to submit information to the Secretariat of Health regarding the "content of the tobacco products, ingredients used, emissions and their health effects," and this information must be available to the public. However, unlike disclosure of information on contents and ingredients, manufacturers and importers are not required to disclose information on emissions when applying for a health license. Further, the Secretariat has not issued regulations on emissions disclosure. Therefore, while disclosure of emissions is required, it is not clear when, how, or how frequently emissions must be disclosed to the government.

The law partially aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines because it contains a requirement to submit information on emissions. However, to more fully align with FCTC Art. 10 and the Partial Guidelines, the law or regulations should make clear what information on emissions is required, in what format, and at what time.

Disclosed information readily available to the public

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Gavel
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Regulatory Authority

Secretariat of Health

Analysis

The General Law on Tobacco Control requires companies that manufacture, import or sell tobacco products to submit information regarding contents and emissions to the Secretariat of Health and make this information available to the general public. The Regulation to the General Law on Tobacco Control requires that this information be published in major newspapers and magazines as well as on the company's webpage.

The law aligns with FCTC Art. 10 and the FCTC Arts. 9 & 10 Partial Guidelines in that it requires that disclosed information be made readily available to the public.