Bolivia

Bolivia became a Party to the WHO Framework Convention on Tobacco Control on December 14, 2005.

Smoke Free Places

Smoking is prohibited in all indoor public places, workplaces, and on means of public transport. The law also prohibits smoking in a number of outdoor places, including outdoor areas of government facilities, hotels and lodging, facilities where sporting and cultural events are held, and recreation areas for children and adolescents.

Tobacco Advertising, Promotion and Sponsorship

The law generally prohibits direct and indirect advertising and promotion of tobacco products, with an exception for advertising at the point of sale where the advertising
is not visible from the outside; product displays have a warning occupying 30% of the advertising space prohibiting sales to minors; the promotion of a product is not false or misleading; and it may not include direct or indirect mentions of the amount of tar, nicotine, carbon monoxide, or other emissions. Although sponsorship by the tobacco industry is not completely prohibited, publicity of the sponsorship is prohibited.

Tobacco Packaging and Labeling

On smoked tobacco products, combined picture and text health warnings are required to be displayed on at least 50 percent of the front and back surfaces. Currently, there are no health warnings prescribed for smokeless tobacco products. When Law No. 1280 is fully implemented, health warnings consisting of images and warning phrases to be displayed on at least 60 percent of the main surfaces (front and back) of all tobacco product packaging. Manufacturers will have up to one year from publication of the new health warnings to comply with these requirements. Misleading packaging and labeling, including terms such as “light” and “smooth” and other signs, is prohibited.

Cigarette Contents and Disclosures

The law does not grant the authority to regulate the contents of cigarettes. The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.

Sales Restrictions

The law prohibits the sale of single cigarettes, small packs of cigarettes, and tobacco products via vending machine. In addition, the law prohibits the sale of tobacco products in healthcare facilities and educational facilities. There are no restrictions on the sale of tobacco products via the internet. The sale of tobacco products is prohibited to persons under the age of 18.

E-Cigarettes

The sale of e-cigarettes is allowed. Most forms of e-cigarette advertising and promotion are prohibited, with exceptions for some point-of-sale advertising and product display. Health warnings are required to cover 60 percent of the front and back of e-cigarette packaging, although the specific contents have not been issued. The sale of e-cigarettes is prohibited to persons under the age of 18.

Roadmap to Tobacco Control Legislation

Law No. 1280 on Prevention and Control of the Consumption of Tobacco Products is the primary tobacco control law in Bolivia. It prohibits smoking in indoor areas; bans nearly all forms of direct or indirect tobacco advertising and promotion; and defines penalties for violations of its provisions. It will also increase the size of health warnings on packaging and labeling once new health warnings have been issued. The law also regulates e-cigarettes. Supreme Decree No. 4972 partially regulates Law No. 1280 in the areas of public use and advertising and promotion, including specifying penalties for different levels of infractions.

Law No. 1280 complements Supreme Decree No. 29376, Regulation to Law No. 3029 on the FCTC, and Circular No. 174 Announcing Specific Regulations for the Administration of Law No. 3029 in all areas in which there are no conflicts. These regulations addressed smoke free areas; restrictions on tobacco advertising, promotion and sponsorship; health warnings and other packaging and labeling; sales restrictions; and related sanctions.

Ministerial Resolution No. 0508 on Graphic Health Warnings (2015) is the most recent of three resolutions on health warnings, with an annex containing approved warnings for rotation.

Review Status

This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.