All of South America now covered by public smoking ban

Paraguayan President Mario Abdo Benitez has approved the Decree No. 4624, which officially bans the use of both traditional tobacco products, heated tobacco products and cigarettes in enclosed public spaces and crowded outdoor areas.

The decree prohibits smoking, regardless of the tobacco products concerned, including new “heated” tobaccos and vaping products. This measure does not apply to outdoor areas where there are no crowds or places of passage. With this decree, Paraguay has joined other South American countries that have implemented smoke-free areas in indoor public spaces and workplaces, in accordance with the WHO Framework Convention on Tobacco Control (CCLAT). 430 million people are now protected from the risks associated with passive smoking in public spaces.[1].

This progress is the result of years of commitment and initiatives by political leaders and civil society actors in South American countries, who are deeply involved in implementing the treaty’s protections. When the FCTC entered into force in 2005, only Uruguay provided its citizens with effective protection from second-hand smoke in public spaces.[2].

Many efforts to be made for the region in the fight against tobacco

While the existence of smoke-free spaces is an effective measure to protect populations from the risks associated with passive smoking and to de-trivialize tobacco consumption, other measures must also be implemented. Most countries in the region have signed and ratified the Framework Convention, with the exception of Argentina.

Despite significant efforts over the past two decades, many countries are lagging behind in implementing the Framework Convention and the MPOWER programme designed to reduce the global tobacco epidemic. As of 2019, only four countries (Brazil, Colombia, Panama and Uruguay) are implementing and complying with Article 13 of the Convention on tobacco advertising, promotion and sponsorship. Only four countries (Argentina, Brazil, Chile and Colombia) are implementing and complying with a tax of 75% or more on tobacco products, three countries (Brazil, El Salvador and Mexico) have implemented a cessation care offer and only Uruguay has adopted plain packaging for cigarettes.[3].

The ability of countries to resist pressure and actions by cigarette companies

The tobacco industry has been very active in preventing the adoption of regulations in the region. However, it has suffered setbacks in recent years. In 2008, Panama[4] was the first country in Latin America to ban advertising, promotion and sponsorship. British American Tobacco and Philip Morris International tried three times to counter the measure. The Panamanian Supreme Court ruled in favor of the Ministry of Health's text and validated the preventive measures adopted to combat the tobacco epidemic in the country. In 2010, in Peru[5], during the discussion of the anti-smoking bill in the parliamentary committees, the participation of representatives of the tobacco industry was not permitted in accordance with the provisions of the treaty. The protection of public policies from tobacco industry interference was ensured through the active engagement of civil society. Following the adoption in 2010 of the legislation on packaging and labelling of products by Uruguay[6], Philip Morris had filed a complaint against this country before the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank, alleging that the country’s laws violated a 1988 investment protection agreement between Switzerland (current basis of PMI) and Uruguay. In July 2016, an arbitration tribunal ruled in favor of Uruguay protecting the health of its population through measures consistent with the WHO Framework Convention to reduce tobacco consumption. These actions by South American countries remind health stakeholders around the world that tobacco industry attacks are not inevitable and can be countered.

Keywords: South America, Tobacco control, smoke-free spaces,

©Generation Without Tobacco

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[1] South America free of smoking in public places, PAHO announces, Pan American Health Organization, January 8, 2021, accessed January 13, 2021 [2] Press release, Landmark for Global Health: With Addition of Paraguay, All of South America Is Now Protected by Comprehensive Smoke-Free Laws, Campaign for Tobacco-Free Kids, January 12, 2021, accessed January 13, 2021 [3] PAHO, Adriana Blanco from PAHO presentation, August 2019, accessed January 13, 2021 [4] Chile free of tobacco, Regional report on Tobacco Control, 2015, consulted on January 13, 2021 [5] InterAmerican Heart Association, Report on FCTC, 2011, consulted on January 13, 2021 [6] Tobacco Free Generation, Death of Dr. Tabaré Vázquez, former Uruguayan president and fervent defender of public health, December 7, 2020, accessed January 14, 2021 National Committee Against Smoking |