Paraguay became a Party to the WHO Framework Convention on Tobacco Control on December 25, 2006.
Smoke Free Places
The law prohibits smoking in all indoor workplaces, indoor public places, and public transport. Although the law permits smoking in designated smoking areas, a subsequent decree clarifies that all designated smoking areas must be located outdoors, where there are no crowds, and in places that do not constitute transit areas for non-smokers. The law also prohibits smoking in outdoor areas of healthcare facilities, preschools, primary and secondary schools, and playgrounds.
Tobacco Advertising, Promotion and Sponsorship
The law prohibits tobacco advertising and promotion with the exception of advertising in stores and points of sale. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Combined picture and text health warnings are required to cover 40 percent of the front and back of product packaging. The warnings must rotate every year, and two warnings are prescribed to appear during the course of a year. Misleading packaging and labeling, including terms such as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosure
The law grants the authority to regulate the contents of cigarettes; however, no subsequent regulations have been issued. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.
The law prohibits the sale of single cigarette sticks, small packs of cigarettes, and tobacco products by the internet and vending machines. In addition, the sale of tobacco products is prohibited in educational facilities, healthcare facilities, children’s playgrounds, cultural facilities, and sports facilities, among other places. The sale of tobacco products is prohibited to persons under the age of 18.
The retail sale of e-cigarettes is allowed. The law prohibits the use of e-cigarettes in indoor public places, workplaces, and public transport, instead, permitting their use only allowed in “open spaces.” Advertising and promotion of e-cigarettes and e-liquids is banned except for inside of authorized stores and points of sale. Text-only health warnings are required on all product packaging; however, the specifications (size, content, rotation (if any)) have yet to be specified by the Ministry of Public Health and Social Welfare.
Roadmap to Tobacco Control Legislation
Law No. 5538 is the primary tobacco control law in Paraguay. It regulates smoke free environments; tobacco advertising, promotion and sponsorship; packaging and labeling; and sales restrictions. It also grants authority to the Ministry of Public Health and Social Welfare to regulate the contents and emissions of cigarettes. Several decrees have been issued regulating certain aspects of Law No. 5538. Decree No. 8780 (2018) addresses provisions under the authority of the Ministry of Industry and Trade, including sale restrictions. Decree No. 7605 (2017) addresses provisions under the authority of the Ministry of Public Health and Social Welfare, including packaging and labeling and smoke free environments. Decree No. 9266 (2018) contains images to be used in conjunction with the packaging and labeling requirements of Decree No. 7605. Finally, Decree No. 4624 (2020) amends Decree No. 7605 to clarify that any permitted designated smoking areas must be located outside, meaning that all indoor workplaces, indoor public places, and public transport are smoke free.
This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.