Last updated: December 15, 2021
Jamaica became a Party to the WHO Framework Convention on Tobacco Control on October 5, 2005.
Smoke Free Places
There is a comprehensive ban on smoking in indoor public places, indoor workplaces, and public transport. The law also prohibits smoking in several outdoor places and within five meters of entrances, exits, windows, and ventilation intakes of a public place, workplace, or public transport.
Tobacco Advertising, Promotion and Sponsorship
There is no legislation that specifically addresses tobacco advertising, promotion and sponsorship. Instead, several laws address certain means of advertising, such as a ban on tobacco advertising on domestic television and radio, and restrictions on outdoor advertising and brand marking. Most other forms of tobacco advertising and promotion are permitted. Tobacco sponsorship is not restricted.
Tobacco Packaging and Labeling
Rotating graphic health warnings are required on 60 percent of the two principal display areas (front and back) on both unit and outside packaging. Misleading packaging and labeling, including terms such as “light” and “low tar” and other signs, is prohibited.
Cigarette Contents and Disclosures
The law does not grant the authority to regulate the contents of cigarettes. The law does not require that manufacturers and importers disclose to government authorities information on the emissions of their products, and it is uncertain whether manufacturers and importers must disclose information on the contents of their products.
The law prohibits the sale of tobacco products within five meters of educational facilities, stadiums/arenas, healthcare facilities, and government-occupied buildings or premises. There are no restrictions on the sale of tobacco products via vending machines or the internet. The sale of tobacco products is prohibited to persons under the age of 18.
The law allows the sale of e-cigarettes. E-cigarette use is prohibited in all indoor public places, indoor workplaces, and on public transport. The sale of e-cigarettes is prohibited in certain locations, including government, educational, sports, and healthcare facilities. In addition, the sale of e-cigarettes is prohibited to persons under the age of 18.
Roadmap to Tobacco Control Legislation
The Public Health (Tobacco Control) Regulations, 2013 is the primary piece of legislation regulating tobacco control in Jamaica. The law establishes smoke free places and large graphic health warnings on tobacco product packaging, among other things. The regulations were amended by the Public Health (Tobacco Control) (Amendment) Regulations, 2014, which reduced the size of the graphic health warnings, updated the non-exhaustive list of places where smoking is prohibited, and changed the penalty provisions, among other things.
There is no single piece of legislation that addresses tobacco advertising, promotion and sponsorship. Instead, several laws address certain means of advertising generally. These laws include: (1) Television and Sound Broadcasting Regulations, 1996; (2) Advertisements Regulation Act, 1947; and (3) Consumer Protection Act, 2005.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.
Do you need help drafting tobacco control laws? Have comments about the legislative reviews?Contact Us