Chile

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion on domestic TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on domestic TV and radio.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion in domestic newspapers and magazines is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic newspapers and magazines.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising and promotion in domestic print media, such as pamphlets, leaflets, flyers, posters, and signs, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion in domestic print media.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Article 3 of the law and Art. 10 of Decree No. 5/2021 specify that advertising on international channels broadcasted in Chile is prohibited. Therefore, tobacco advertising on international TV and radio is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion on international TV and radio.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. However, the law does not explicitly address tobacco advertising in international or cross-border newspapers and magazines. Therefore, the regulatory status code “Uncertain” is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that tobacco advertising in international newspapers and magazines, both originating inside and outside of Chile, is prohibited.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions, including an exception for some cross-border internet communications. Article 3 of the law and Art. 10 of Decree No. 5/2021 specify that advertising on internet websites whose domains have the termination ‘dot cl’ is prohibited. Therefore, tobacco advertising through internet communications based in Chile is prohibited; however, internet communications based outside Chile are not addressed. Therefore, the regulatory status code “Some Restrictions” is given.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that all tobacco advertising via internet communication is prohibited, whether originating inside or outside Chile.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, outdoor tobacco advertising is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor tobacco advertising.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, point of sale advertising and promotion is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

Product display at points of sale is allowed. The law requires that the health warnings on tobacco packaging must be visible at the point of sale. There are no other restrictions regarding placement or visibility of tobacco product display.

FCTC Art. 13 Guidelines paras. 12-13 state: “Display of tobacco products at points of sale in itself constitutes advertising and promotion . . . Parties should introduce a total ban on any display and on the visibility of tobacco products at points of sale, including fixed retail outlets and street vendors. Only the textual listing of products and their prices, without any promotional elements, would be allowed.” Accordingly, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all display and visibility of tobacco products at point of sale.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Therefore, tobacco advertising by conventional mail is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by conventional mail.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Advertising by telephone and mobile phone clearly falls within the definition of “advertising for tobacco,” as this is a “kind of communication . . . with the purpose or effect of promoting a tobacco product.” Therefore, tobacco advertising by telephone or mobile phone is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising by telephone or mobile phone.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Brand marking on structures, vehicles, or equipment involves advertising elements of a tobacco product brand and, therefore, is prohibited under the law.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

Article 5 of Law 19419 prohibits “the distribution of such [tobacco] products without monetary compensation.” Therefore, the free distribution of tobacco products is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 (sales to minors) with respect to free distribution.

Law 19419 prohibits offering or providing “any compensation, directly or indirectly, for the purchase of tobacco products, such as a donation, premium or cash rebate, or the right to participate in a game, lottery or contest.” Therefore, promotions in conjunction with a tobacco product purchase are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotions with a tobacco product purchase.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Competitions associated with tobacco products, whether requiring the purchase of a tobacco product or not, necessarily involve advertising of a tobacco product or elements of a brand. Therefore, competitions associated with tobacco products are prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products,” subject to a few limited exceptions (e.g., some cross-border internet advertising, point of sale product display, toys and candy, limited unpaid depiction) that do not apply here. Direct person-to-person targeting of individuals clearly falls within the definition of “advertising for tobacco,” as this is a “form of communication . . . with the purpose or effect of promoting a product made with tobacco.” Therefore, direct person-to-person targeting of individuals is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to direct person-to-person targeting of individuals.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Brand stretching involves advertising elements of a tobacco product brand and, therefore, is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

The law does not directly address reverse brand stretching or brand sharing. Arguably, this practice falls within the definition of “advertising for tobacco” as it is an “action with the purpose or effect of promoting a product made with tobacco.” However, because the law does not clearly address this practice, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that reverse brand stretching is prohibited.

The law does not address the sale of toys that resemble tobacco products. The law is, therefore, interpreted as allowing the sale of toys that resemble tobacco products.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors), the law should prohibit the sale of toys that resemble tobacco products.

The law does not address the sale of candy that resembles tobacco products. The law is, therefore, interpreted as allowing the sale of candy that resembles tobacco products.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors), the law should prohibit the sale of candy that resembles tobacco products.

The law does not directly address retailer incentive programs. Arguably, this practice falls within the definition of “advertising for tobacco” as it is a “communication . . . or action with the purpose or effect of promoting a product made with tobacco.” However, because the law does not clearly address this practice, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that retailer incentive programs are prohibited.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Article 3 specifies that the ban “extends . . . to indirect advertising done by product placement, where the consumption of tobacco products or brands of products made of tobacco is shown.” Therefore, paid placement of tobacco products in TV, film, or other media is prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products.

Law 19419 prohibits “advertising for tobacco and elements of the brands related to such products.” Article 3 specifies that the ban: “extends . . . to indirect advertising done by product placement, where the consumption of tobacco products or brands of products made of tobacco is shown. By the same token, on programs broadcast live on TV or radio during the hours allowed for minors the appearance of persons smoking or giving a favorable impression of tobacco consumption is prohibited.” Because unpaid depiction of tobacco use is restricted to certain hours, the regulatory status code “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all unpaid depiction of tobacco use or tobacco products in accordance with FCTC Art. 13 Guidelines paras. 29-32.

The law implicitly allows contributions by the tobacco industry. The law requires tobacco companies to report annually to the Ministry of Health an itemized breakdown of donations made, as well as expenses incurred as a result of agreements with public institutions, athletic or community organizations, academic or cultural institutions, and non-governmental organizations.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions that have the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The law does not specifically restrict publicity of tobacco sponsorship. However, general restrictions on tobacco advertising greatly restrict, but do not completely prohibit, such publicity. For example, the law does not necessarily prohibit the publicity of manufacturer names associated with sponsorships.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Article 3 of Law 19419 provides for a ban on most forms of tobacco advertising and promotion. In addition, Art. 8 prohibits the use of the terms “‘light,’ ‘smooth,’ ‘mild,’ ‘low in tar, nicotine, carbon monoxide,’ or the like” in the name or properties associated with a tobacco product. However, the law does not address other forms of promotion that may be misleading, such as the use of numbers, colors, logo, or any other indicia. Therefore, the regulatory status code “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should comprehensively ban all means of promoting a tobacco product that are false, misleading, or deceptive or that are likely to create an erroneous impression about a product’s characteristics, health effects, hazards, or emissions.