Bolivia

The law prohibits smoking in all indoor public places, workplaces, and on means of public transport. “Tobacco products” is defined to include e-cigarettes. However, “smoking” is defined to as “being in possession or control of a burning tobacco product.” Because it is uncertain whether regulators would consider e-cigarette use as “smoking,” the regulatory status code “Uncertain” is given. Forthcoming regulations are expected to clarify whether e-cigarette use is prohibited in places where smoking is prohibited.

Because “tobacco products” is defined to include e-cigarettes, the restrictions on tobacco advertising and promotion apply to e-cigarettes as well. The law generally prohibits direct and indirect advertising and promotion of tobacco products. There are exceptions for advertising at the point of sale where the advertising is not visible from outside of the shop, is restricted to persons over the age of 18, and is only available upon request. Publicity of tobacco industry sponsorship is prohibited, although some sponsorship may take place.

Because “tobacco products” is defined to include e-cigarettes, the restrictions on sponsorship apply to e-cigarettes as well. The law prohibits tobacco sponsorship. However, the definition of “tobacco sponsorship” specifically mentions contributions to acts (events) and activities but makes no mention of individuals or groups/organizations. Therefore, the law appears to prohibit sponsorship of acts/events and activities, but not those to individuals or groups/organizations.

Because “tobacco products” is defined to include e-cigarettes, the restrictions on point-of-sale product display of tobacco products apply to e-cigarettes as well. The law prohibits the display in places that allow direct access by the consumer or that are within the reach of children.

The law does not address e-cigarette sales via the internet. Therefore, the law is interpreted as allowing internet e-cigarette sales.

The law does not address flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

The law does not address ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

Because “tobacco products” is defined to include e-cigarettes, the requirements for health warnings on tobacco product packaging apply to e-cigarettes as well. Law No. 1280 requires that packs display pictorial health warnings covering at least 60% of the upper portion of the two main faces of the pack. However, the contents of the warnings under the law have not yet been issued. Once issued, manufacturers will have up to one year from publication of the new health warnings to comply with the requirements.

Because “tobacco products” is defined to include e-cigarettes, the requirements for tobacco product packaging apply to e-cigarettes as well. The law prohibits packaging or labeling containing any content descriptions of yield figures, numbers, or percentages about contents and emissions of any substance.

The law does not address nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.

The law does not address device requirements for e-cigarettes.

Because “tobacco products” is defined to include e-cigarettes, the requirements for tobacco product disclosures apply to e-cigarettes as well.

Pursuant to the transitory provisions of Law No. 1280, until regulations are approved under the law, Supreme Decree No. 29376 is to remain in force so long as it is not contrary to Law No. 1280. Therefore, the disclosure requirements contained in Specific Regulation for the Administration of Law No. 3029 (issued under Supreme Decree No. 29376) remain in effect. The law requires all tobacco companies and tobacco product importers to provide information to the Ministry of Health and Sports every year, including a list of all ingredients used in the manufacturing of imported or locally produced and sold tobacco products, indicating maximum amounts used.

The law prohibits the sale of tobacco products via vending machine. Because “tobacco products” is defined to include e-cigarettes, the sale of e-cigarettes via vending machine is prohibited.

The law prohibits the sale of tobacco products in or around educational facilities. Because “tobacco products” is defined to include e-cigarettes, the sale of e-cigarettes in and around educational facilities is prohibited.