Tobacco Control Policies for Brazil

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Brazil

Tobacco Control Policies

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 Taxation and Prices: The World Health Organization recommends raising tobacco excise taxes so that they account for at least 70 percent of retail prices. Tobacco excise taxes in Brazil are well below these recommendations.

Smoke-Free Environments - Complete Smoking Ban
Health-care facilities No	Private offices Yes
Primary and secondary schools Yes	Public transport Yes
Universities Yes	Restaurants Yes
Governmental facilities Yes	Bars and pubs Yes
Can subnational jurisdictions enact more stringent smoking restrictions? Yes

Bans on Tobacco Advertising, Promotion, and Sponsorship
Domestic TV and radio Yes	Promotional discounts Yes
Domestic magazines and newspapers Yes	Non-tobacco products or services with tobacco brand names Yes
Outdoor advertising Yes	Tobacco products with non-tobacco brand names Yes
Point-of-sale advertising Yes	Paid placement in media Yes
Retail product display No	Financial sponsorship, including corporate social responsibility No
Internet advertising Yes	Publicity of sponsorships Yes
Free distribution Yes

Health Warnings on Smoked Tobacco Products
Text warnings describe health impacts Yes	Number of published warnings at any given time 9
Warnings include a picture or graphic Yes	Warnings required to rotate Yes
% of principal display areas covered (front and back) 65%	Warnings are written in the principal language(s) Yes
Front 30%	Ban on misleading packaging and labeling No
Back 100%	Health warnings on smokeless tobacco products Yes

Tobacco Taxation and Price
PRICE OF MOST SOLD BRAND, PACK OF 20 CIGARETTES	TAXES ON MOST SOLD BRAND (% OF RETAIL PRICE)
In country currency BRL 5.00	Total taxes 83%
In US dollars USD 1.33	Total excise 40%

-Tobacco products with non-tobacco brand names: The law does not specifically address reverse brand stretching. Because the term “commercial advertising” is not defined, it is difficult to determine if the ban on commercial advertising covers reverse brand stretching.

Sources:

SF, APS, PL: Campaign for Tobacco-Free Kids Legal Website. Available at: www.tobaccocontrollaws.org

Tax: WHO Report on the Global Tobacco Epidemic, 2019. Available at: https://www.who.int/tobacco/global_report/en/

Last updated: September 17, 2019