Peru

The law does not provide for this disclosure, as required by FCTC Art. 13.4(d). Since the law allows many forms of tobacco advertising, promotion and sponsorship (APS), tobacco industry activities and expenditures on these activities are particularly important information for the government to monitor tobacco industry APS activities.

To align with best practice, the law should require disclosure of specified information on tobacco APS and on APS expenditures in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines para. 41.

The law requires that permitted advertising carry a warning that occupies 15% of the advertising space. The advertising warning must be one of the warnings that is carried on tobacco packaging. The regulations require that the advertising warning be rotated every 12 months (Decree No. 001-2011, amending Decree No. 015-2008). The warning must be in the lower portion of the advertising space and printed in white on a black background. In advertising where a tobacco product package is shown, the health warning on the package must be visible.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to health warnings on permitted forms of tobacco advertising. However, it is unclear whether the warning requirement applies to tobacco promotion and sponsorship.

The law does not require disclosure and therefore does not provide for public availability of information required to be disclosed by the tobacco industry.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry and make that information readily available to the public, in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42.