Peru

The law prohibits tobacco advertising on television and radio and “other similar media.”

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

The law and regulations allow tobacco advertising in newspapers and magazines whose target audience are people over the age of 18. However, tobacco advertising may not be placed on the front or back cover.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion in all domestic newspapers and magazines.

The law allows tobacco advertising via domestic print media, such as pamphlets, leaflets, flyers, posters and signs, with restrictions on location. Such advertising is not permitted in health facilities; public offices; in, or within 500 meters of, education facilities of any level or nature; at sporting activities of any type; at exhibits and shows where entry is permitted to those under 18 years of age; or within reach of minors at places catering to the public.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all domestic print media advertising, regardless of location.

The law prohibits tobacco advertising on television and radio and “other similar media.” However, the law does not specify that the prohibition applies to international, as well as domestic, television and radio. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to international (cross-border) as well as domestic television and radio.

The law prohibits tobacco advertising on television and radio and “other similar media.” However, the law does not specify that the prohibition applies to international, as well as domestic, television and radio. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that the ban on tobacco advertising and promotion applies to international (cross-border) as well as domestic television and radio.

The law prohibits tobacco advertising on television and radio and “other similar media.” The regulations specify that “other similar media shall be understood as closed circuit radio and television, local radio and television community media and Web sites.” However, the law does not specify that tobacco advertising via email communication is banned, and the law is therefore interpreted as permitting email communication. Because tobacco advertising is prohibited on websites but permitted by email communication, the regulatory status “Some Restrictions” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion via internet communications.

The law generally permits outdoor advertising; however such advertising is not permitted within 500 meters of educational facilities of any level or nature. The regulations further specify that outdoor advertising is prohibited around educational facilities and at sporting events (indoor and outdoor).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all outdoor advertising, regardless of location.

The law does not address tobacco advertising and promotion at point of sale. Therefore the law is interpreted as allowing point of sale advertising and promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit point of sale advertising and promotion.

The Regulations (Decree No. 015-2008) permit point of sale tobacco product display. However, the packages must be displayed so that the health warnings are exposed.

To align with FCTC Art. 13 and FCTC Art. 13 Guidelines paras. 12–13, the law should prohibit all tobacco product display and visibility, as this is a form of advertising.

The law does not address tobacco advertising and promotion by conventional mail. Therefore, the law is interpreted as allowing such advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by conventional mail.

The law does not address tobacco advertising and promotion by telephone and cellular (mobile) phone. Therefore, the law is interpreted as allowing such advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit tobacco advertising and promotion by telephone and cellular (mobile) phone.

The law generally permits brand marking. However, the use of logos, graphics, designs, slogans, symbols, sayings, sales messages, colors or other elements associated with tobacco products is prohibited in health and education facilities. The law does not address brand marking on other structures or in other places and therefore it is interpreted as being allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit brand marking on all physical structures, vehicles and equipment.

The law and regulations prohibit the free distribution of tobacco products on public roadways and in places where minors under the age of 18 are allowed to enter. In other places, the free distribution of tobacco products is permitted, provided it can be verified that the recipient is at least 18 years of age.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meet FCTC Art. 16, the law should prohibit the free distribution of tobacco products to all the general public, regardless of place or age of recipient.

The law does not address promotional discounts, gifts, prizes and rewards in conjunction with a tobacco product purchase. Therefore, the law is interpreted as allowing such practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotional discounts, gifts, prizes and rewards in conjunction with a tobacco product purchase.

The law prohibits tobacco sponsorship of events and activities aimed at minors. This provision would restrict competitions associated with tobacco products, allowing only competitions aimed at those 18 years and older.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all competitions associated with tobacco products, regardless of the age of the target audience.

The law does not address direct person-to-person targeting of individuals. Therefore, the law is interpreted as allowing such practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit direct person-to-person targeting of individuals.

The law and regulations prohibit tobacco advertising, such as brand logos or other brand indicia, on articles of clothing and “accessories.” “Accessories” is not defined in the law or regulations, and therefore it is difficult to determine if the ban applies to all non-tobacco products. The law does not address whether services may carry tobacco brands or logos; therefore the law is interpreted as permitting brand marking of services.

To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all brand stretching, not just on articles of clothing and accessories.

The law does not address reverse brand stretching. Therefore, the law is interpreted as allowing such practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit reverse brand stretching.

The law prohibits the promotion or distribution of toys that resemble tobacco products.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in this respect.

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

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale or distribution of candy that resembles tobacco products.

The law does not address retailer incentive programs. Therefore, the law is interpreted as allowing such practices.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit retailer incentive programs.

The ban on tobacco advertising on television and radio can be interpreted to prohibit paid placement of tobacco products on TV programming. However, the law does not contain restrictions or prohibitions on paid placement of tobacco products in film or other media. Therefore, the regulatory status “Some Restrictions” is assigned.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all paid placement of tobacco products in TV, film and other media.

The law does not address unpaid depiction of tobacco use or tobacco products in TV, film or other entertainment media. Therefore, the law is interpreted as allowing unpaid depiction.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

The law prohibits sponsoring any event or activity aimed at minors with the brand name, logo, or other identifying shape of any tobacco product. Sponsorship is not defined, so the full scope of the law is unclear. The law also prohibits the tobacco industry from participating in tobacco prevention programs. The law allows sponsoring of individuals, organizations, and events aimed at adults, and of events that do not involve the brand name of a tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to any event, activity, individual, organization, or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The law prohibits sponsoring any event or activity aimed at minors with the brand name, logo, or other identifying shape of any tobacco product. Sponsorship is not defined, so the full scope of the law is unclear. The law also prohibits the tobacco industry from participating in tobacco prevention programs. The law allows sponsoring of individuals, organizations, and events aimed at adults, and of events that do not involve the brand name of a tobacco product.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sponsorship of any event, activity, individual, organization, or government that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly.

The law and regulations prohibit the use of the terms “Light”, “Ultralight”, “Smooth”, “Supersmooth”, and synonyms or associated symbols, on labels and in advertising, trademarks or slogans. In addition, the regulations (Decree 015-2008) prohibit the use on packaging or in advertising of any phrases, images or other any other messages that may suggest less toxicity or less harm to health.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions.