The regulation also establishes that adults will not be allowed to smoke this type of products in enclosed places, as it equates electronic cigarettes to tobacco.
In view of the explosive increase of electronic cigarettes in our country and the enormous growth in the use of these devices among minors, a new bill seeks to prohibit their sale to this segment of the population. The regulation -which is about to become law- also regulates tobacco-related activities among minors under 18 years of age.
The bill recognizes three species of electronic cigarettes (reheated tobacco products, electronic nicotine delivery systems (ENDS) and nicotine-free electronic systems (NON-nicotine ENDS). The initiative prohibits the commercialization, offering, distribution or delivery free of charge of electronic cigarettes to minors under 18 years of age, ordering sanctions that can reach up to the temporary closure of establishments that carry out this type of conduct in case of recidivism and a fine of up to 300 monthly tax units (18 million pesos).
Regarding the advertising warnings and restrictions for electronic cigarettes, the initiative entrusted the Ministry of Health to issue a supreme decree, within 12 months, which will establish the restrictions, which may be in relation to the places and warnings in the case of physical advertising, and the schedule, means and warnings in the case of advertising through the media.
The initiative also introduces numerous modifications in the matter of labeling, in relation to the phrases that must be compulsory on the containers, the name of the manufacturer, the place of elaboration, ingredients and their concentration, which in the case of electronic cigarettes with nicotine may not exceed 45 milligrams per milliliter.
In addition, the regulation introduces obligations for natural or legal persons that manufacture or import this type of products, which must report annually their ingredients, which must be previously authorized by the Ministry of Health. Violation of this obligation may give rise to a sanitary summary with fines of up to 1000 monthly tax units (60 million pesos).
Closed places
Since this initiative assimilates electronic cigarettes to tobacco, it prohibits smoking in enclosed spaces, as well as in open spaces corresponding to educational establishments, places where fuels are sold, in public and collective means of transportation, sea beaches, rivers or lakes. Additionally, in places of public access, warnings prohibiting the smoking of electronic cigarettes must be displayed, which must be clearly visible and understandable.
The new regulation will enter into force promptly, when the Decree of the Ministry of Health is published and a rule of deferred effectiveness is established for up to 12 months after its publication in the Official Gazette. Thus, with the publication of the bill, only the obligation for the Ministry of Health to issue the Decree is born, and the enforcement of the law itself is pending.
Dafne Guerra, Senior Associate of the Life Sciences group at Albagli Zaliasnik (az) highlighted that “the approval of this initiative means a great step forward for the regulation of this type of products, safeguarding their potential harmful impact on the health of the population. The regulation will undoubtedly bring new challenges to those who offer this type of services, not only with respect to compliance, but also in relation to prevention and education in this type of matter“.
