Last updated: September 27, 2021
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The regulations require that “health warnings must be printed on every wrapper or package containing products to be sold to the end user.” In addition, the definition of “package” includes any receptacle aimed at the end user. Therefore, health warnings are required on all unit packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The regulations require that “health warnings must be printed on every wrapper or package containing products to be sold to the end user.” In addition, the definition of “package” includes any receptacle aimed at the end user. Therefore, health warnings are required on all outside packaging and labeling.
The law meets FCTC Art. 11 in this respect.
Warning texts must be in the principal language(s) of the country
The law requires that all information on tobacco products be in Spanish.
The law meets FCTC Art. 11 with respect to warnings being displayed in the principal language of the country.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
The law does not contain an affirmative requirement that warnings or messages not be placed where they may be permanently damaged or concealed when opening the pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should contain such an affirmative requirement.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
The law states that warnings may not be covered by drawings, colors, strips or any other element.
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect.
A requirement to display qualitative (descriptive) constituents and emissions messages
The law requires every tobacco product package to carry the following descriptive constituents and emissions message in the area designated for health warnings: "TOBACCO SMOKE CONTAINS MORE THAN 4,000 TOXIC SUBSTANCES, OF WHICH 50 PRODUCE CANCER. AMONG THESE ARE ARSENIC, PHOSPHORUS, CYANIDE AND AMMONIA".
The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines with respect to descriptive constituents and emissions messages.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
The law does not prohibit display of figures of emissions yield, but rather requires the display of tar, nicotine and carbon monoxide content.
To align with FCTC Art. 11 and FCTC Art. 11 Guidelines para. 34, the law should prohibit the display of figures for emission yields, as such yields are misleading to consumers.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Peru. The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images, or other promotional information on packaging other than brand and product names displayed in a standard color and font style. Plain packaging aims to reduce the appeal of tobacco products, to increase the noticeability of health warnings, and to reduce the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.
Prohibition on misleading tobacco packaging & labeling including terms, descriptors, trademarks, figurative or other signs (logos, colors, images that directly create a false impression that a tobacco product is less harmful than other tobacco products)
The law and regulations prohibit the use of the terms “Light”, “Ultralight”, “Smooth”, “Supersmooth”, and synonyms or associated symbols, on packaging and labeling. In addition, the regulations (Decree No. 015-2008) prohibit the use on packaging and labeling of any phrases, images or other any other messages that may suggest less toxicity or less harm to health.
The law meets FCTC Art. 11 with respect to misleading tobacco product packaging and labeling.
