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Setback for Public Health: Argentina Authorizes the Commercialization of Electronic Cigarettes and Heated Tobacco Products

The authorization of electronic cigarettes and heated tobacco products for commercial sale, established by Ministry of Health Resolution No. 549/2026 and ANMAT Provision No. 2543/2026, represents a setback in Argentina’s national tobacco control policy. Civil society organizations warn about the impacts on public health and demand full enforcement of National Tobacco Control Law No. 26,687, along with effective oversight.

On May 4, 2026, the Official Gazette published Ministry of Health Resolution No. 549/2026 and ANMAT Provision No. 2543/2026, which repeal the bans on the importation, commercialization, distribution, advertising, promotion, and sponsorship of electronic cigarettes and heated tobacco products that had been in force since 2011 and 2023, respectively. In addition, these regulations establish a framework for the regulated commercialization of these products and nicotine pouches. As a result, products with proven harmful effects on human health and high addictive potential—especially for children and adolescents—will now enter the market.

Context: Where We Come From and Where We Are Heading

Tobacco control policy in Argentina has a long history of coordinated efforts among the public sector, international organizations, health professionals, and civil society. National Tobacco Control Law No. 26,687, enacted in 2011, marked a milestone in public health protection: it established smoke-free environments, banned tobacco advertising, promotion, and sponsorship, required health warnings on packaging, and restricted sales to minors. That same year, ANMAT prohibited the commercialization of electronic cigarettes, and in 2023 the Ministry of Health extended the ban to heated tobacco products (HTPs).

These measures were not arbitrary. They were based on the precautionary principle—a cornerstone of international health law—in light of evidence showing that none of these products are harmless, that nicotine causes severe addiction, and that the tobacco industry has historically demonstrated its ability to design strategies aimed at attracting young consumers.

Resolution No. 549/2026 itself acknowledges in its recitals that the use of vapes and electronic cigarettes reaches 35.5% of secondary school students, according to a 2025 SEDRONAR study. Rather than using this alarming figure to strengthen protective policies, the government uses it to justify opening the market under the argument that prohibitions were ineffective. That generalized claim is, at the very least, partially false and deeply concerning regarding the direction of public policy.

While enforcement of the electronic cigarette ban was indeed deficient, this was largely due to the State’s evident inability to ensure effective oversight. Moreover, unlike electronic cigarettes, heated tobacco products had barely entered the Argentine market and now will be allowed to do so. What failed was not the law itself, but State enforcement. If authorities could not enforce the previous bans, how will they regulate a much broader market now?

What Changes Under the New Regulations

Resolution No. 549/2026 repeals the ban on heated tobacco products and creates the Tobacco and Nicotine Products Registry (RPTN), under which electronic cigarettes, heated tobacco devices, and nicotine pouches may now be imported and commercialized in Argentina, subject to registration requirements. ANMAT Provision No. 2543/2026, in turn, repeals the electronic cigarette ban that had been in force since 2011.

The new regulations expressly state that advertising, promotion, and sponsorship of these products remain prohibited under Law 26,687, and they establish specific technical restrictions for the regulated products. However, moving from a prohibition model based on the precautionary principle to a regulated commercialization model—at a time of rising adolescent consumption and uncertain enforcement capacity—constitutes a high-risk public health gamble and a clear setback in the protection of children and adolescents.

Nicotine pouches deserve special attention. Although they had not been explicitly banned like electronic cigarettes and heated tobacco products, they were considered covered by the general framework of Law 26,687. Nevertheless, by late 2025 these products had entered the Argentine market massively, being sold without complying with the packaging and warning requirements established by national law and using prohibited marketing strategies. The new resolution explicitly regulates them and clarifies that they are tobacco products—or equivalent products—fully covered by existing legislation. In doing so, the government implicitly recognizes that these products had been commercialized unlawfully while the State failed to intervene.

Weak and Contradictory Justifications

The recitals of Resolution No. 549/2026 build their justification around four interconnected arguments: that the precautionary principle cannot be absolute or permanent; that countries considered international references have incorporated these products into their epidemiological surveillance systems; and that increasing consumption rates reported by SEDRONAR, together with the existence of an informal market, require regulation. None of these arguments supports the conclusion reached by the resolution.

  • It is true that the precautionary principle is not absolute and that measures adopted under it must be periodically reviewed. However, the resolution fails to explain either the orientation or the grounds for this review. The precautionary principle establishes that when there is a well-founded suspicion of serious harm to health, the absence of absolute scientific certainty cannot be used to postpone protective measures. Resolution No. 549/2026 reverses this logic: it argues that because prohibition failed to eliminate the informal market, regulated commercialization should be authorized. Yet the evidence accumulated since 2011 does not show these products to be safe. On the contrary, it shows that they are harmful and addictive, that they encourage youth initiation, and that dual use with conventional cigarettes increases exposure to toxic substances and health risks. A review grounded in that evidence should strengthen protections, not dismantle them.
  • The resolution also argues that some leading countries incorporated questions about the use of these products into their epidemiological surveys, supposedly allowing them to better measure the problem. But this argument confuses two very different things: monitoring a phenomenon does not mean authorizing it. Epidemiological surveillance is compatible with any regulatory framework, including prohibition. The fact that a country measures consumption does not mean it has legalized the product or recommends doing so.
  • The SEDRONAR finding—35.5% electronic cigarette use among secondary school students—is invoked to justify market liberalization. This interpretation turns public health logic upside down. High adolescent consumption of an addictive and harmful product is, under the right to health and the Convention on the Rights of the Child, an argument for strengthening restrictions, not normalizing use.
  • The informal market argument deserves special attention. The claim that prohibition fuels illegal, unregulated sales channels is one of the tobacco industry’s most common strategies for pushing regulatory rollback worldwide. This narrative appears repeatedly whenever tobacco control standards are challenged, appealing to the supposed dangers of informal products and the State’s alleged inability to sustain prohibition. The existence of an informal market is real. What is false is the assumption that legalization is the only solution. Argentina’s problem is not flawed legislation, but weak enforcement capacity—and that issue cannot be solved by opening the market, but by investing in oversight and enforcement.

Lack of Transparency, Participation, and Well-Founded Distrust

ANMAT Provision No. 2543/2026 partially bases its decision on Complementary Act No. 1 and on a Technical Report from the National Tobacco Control Program, both identified only by internal file numbers. Although cited as supporting documents, neither was incorporated into the administrative file nor published in the Official Gazette. Their conclusions are referenced selectively and superficially in the recitals, while the full technical evidence, arguments, and data allegedly supporting this regulatory shift remain inaccessible to the public. Administrative acts that affect rights must be self-sufficient: their grounds must be fully stated within the act itself so that any person may understand, assess, and potentially challenge the reasons behind the decision.

Beyond the lack of transparency regarding the evidence used, it is also important to highlight the absence of participation and consultation processes involving specialized organizations and health professionals, unlike the process that led to the regulations now being repealed.

The resolution also invokes the need for monitoring, oversight, and specific studies as part of its justification. But this promise clashes with a documented reality: since the enactment of Law 26,687, the State has neither imposed sanctions for violations of tobacco control regulations nor generated systematic epidemiological evidence to assess its own policies. The latest National Risk Factor Survey dates back to 2018. Argentina’s Global Youth Tobacco Survey also contains data only up to that year. The only recent data available comes from SEDRONAR 2025, which measures substance use among secondary school students but is not a specific tobacco surveillance instrument. If the State failed for fifteen years to generate updated evidence or effectively enforce existing prohibitions, there is no reason to believe it will now succeed under a more complex regulatory framework involving more products, more actors, and more technical variables to control—especially without additional resources allocated to that task. The central question left unanswered by the resolution is this: if the State could not enforce the prohibitions already in place, what concrete capacity does it now have to implement a far more complex regulatory regime?

Improving Policy Cannot Mean Moving Backwards

At Fundeps, we recognize that tobacco control regulations can and should be improved, and we actively work toward strengthening them. But in a context where the tobacco epidemic is increasingly affecting children and adolescents, strengthening public policy means closing enforcement gaps, updating epidemiological evidence, and ensuring effective compliance with existing restrictions. It does not mean opening markets for addictive products under the promise of regulation that the State has not demonstrated the capacity to enforce. The new regulations expose children and adolescents to the proliferation of these products in stores, kiosks, public spaces, and digital environments.

We emphasize that Law No. 26,687—and therefore the protections regarding smoke-free environments and bans on advertising, promotion, and sponsorship—remains fully in force and applies entirely to these new products. We demand full compliance with the law, effective enforcement supported by specific resources, and the complete publication of the technical documents underlying these recent measures.

At Fundeps, we will continue monitoring the implementation of the new regulatory framework, documenting violations, filing complaints before the relevant authorities, and coordinating with civil society, academic, and public health organizations to uphold evidence-based tobacco control policies free from conflicts of interest and grounded in the right to health.

Author: María Laura Fons

Contact: Maga Merlo – magamerlov@fundeps.org

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Collective Monitoring: Detect, Record, and Report Illegal Tobacco and Nicotine Advertising on Social Media

Together with Proyecto Squatters, we launched a collective monitoring campaign to identify and expose illegal advertising of tobacco and nicotine products in digital environments. The initiative aims to gather evidence to demand compliance with current regulations and protect the health of children and adolescents.

On social media, tobacco, and nicotine advertising is widespread, often in subtle and disguised forms. This includes traditional and electronic cigarettes, nicotine pouches, heated tobacco products, and their accessories, which appear integrated into posts, videos, or content designed to seem spontaneous.

Despite the recent regulatory changes authorizing the commercialization of these products, advertising of tobacco and nicotine products remains prohibited in Argentina, both in traditional media and in digital environments. The amendments introduced by these new regulations represent a clear setback in the frameworks designed to protect public health, particularly the health of younger generations.

However, under the new resolution, electronic cigarettes, heated tobacco products, and even nicotine pouches are now expressly covered by the National Tobacco Control Law. Therefore, although the commercialization of these emerging products is now permitted, their sale to individuals under the age of 18 remains strictly prohibited, and marketing restrictions continue to apply. In this context, it is now more important than ever to demand proper implementation of the national law, ensuring effective oversight and enforcement against deceptive tobacco industry advertising strategies that constantly seek to reach younger generations and normalize the consumption of these products.

We already knew that the tobacco industry’s efforts to expand its market among younger generations had succeeded in positioning electronic cigarettes among the most commonly used substances among students, even while their commercialization remained prohibited. This was evidenced in a 2025 SEDRONAR study, which found that 35.5% of adolescents had already tried electronic cigarettes—then still illegal products—while 28.7% reported having tried conventional cigarettes (either manufactured or hand-rolled), despite the fact that their sale to individuals under 18 is prohibited. In addition, a study conducted by CEDES that same year found that nicotine pouch consumption among adolescents had already reached approximately 4.3%.

The promotion of these products is framed as part of aspirational lifestyles, associated with enjoyment, belonging, or freedom. Through influencers, cultural events, giveaways, or sponsored content, brands manage to reduce risk perception and normalize consumption, especially among young people and adolescents.

In response to this situation, at Fundeps we are promoting a collective monitoring campaign that invites people to detect, record, and report illegal advertising on social media and digital platforms. The goal is to gather evidence to expose these practices and strengthen the enforcement of regulations that protect the right to health.

What can be reported?

Different types of content can be reported, including:

  • Direct advertising of tobacco and nicotine products by brands, businesses, or influencers
  • Display or sale of vapes, nicotine pouches, or heated tobacco products
  • Influencer content showing or promoting these products
  • Promotions, discounts, giveaways, or games linked to these products
  • Sponsorship of music, sports, or recreational events
  • Invitations to establish direct contact with brands or companies
  • Ads or banners on websites

Where can these be found?

These types of advertisements circulate on websites, streaming channels, and social media platforms such as Instagram, Facebook, TikTok, YouTube, and X.

How to participate?

To participate, record the advertisement you see and complete the form available on the website. The data is collected anonymously and does not constitute a formal complaint.

Each report contributes to building collective evidence about these practices, exposing non-compliance with the law, and strengthening actions to protect public health, especially that of children and adolescents.

To learn more about how to identify these violations, you can consult the guide also available on the platform.

Contact:

Maga Merlo Vijarra, magamerlov@fundeps.org

Call Open to Join a Collective Legal Action in Defense of the Right to Abortion

Organizations and individuals affected by the lack of supplies needed to access abortion services can join a collective injunction currently being processed in the Federal Court of La Plata. The deadline to participate is March 28. The case was initiated by Asociación Civil La Ciega.

Since 2024, the National Government has failed to comply with its obligations to guarantee access to abortion rights for pregnant people across the country.

For this reason, a collective legal action is underway before Federal Civil, Commercial, and Administrative Court No. 2 of La Plata, demanding that the National Government fulfill its obligations regarding the supply and distribution of essential medication to ensure access to abortion services. The case was filed by the Asociación Civil La Ciega.

In this context, the court has ordered broad dissemination of the case and set a deadline for all individuals and organizations who consider themselves affected by the lack of supplies for accessing abortion services to come forward and participate in the proceedings. The call will remain open until March 28 of this year.

More information is available on the website of the National Judiciary, by entering the case number (Case No. FLP 1876/2025) in the “Case Search” section.

To receive guidance on how to participate or register your organization, you can contact the Center for Legal and Social Studies (CELS) team at consultas@cels.org.ar.

This is a new opportunity to take part and actively defend the implementation of Law 27,610 and the right to access abortion for all pregnant people in Argentina.

Contact:
Luz Baretta, luzbaretta@fundeps.org

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Fundeps Appoints a New Director

Fundeps would like to share an important update for our organization: Luciano Debanne has been appointed as Director of the foundation.

Luciano holds a degree in Social Communication and has extensive experience in community communication, training, and human rights promotion. Throughout his professional career, he has worked with civil society organizations, educational institutions, and public bodies, bringing an approach that connects reflection and practice with a strong commitment to participation and the strengthening of community and civic engagement.

We are confident that his experience and his understanding of communication as a tool to advance rights will be a valuable contribution to this new stage of Fundeps, at a time that continues to present significant challenges for those working to defend human rights.

At the same time, we would like to express our deep gratitude to Mayca Balaguer and Eliana Juncos, who were a fundamental part of Fundeps for more than ten years and later served as Executive Director and Deputy Director, respectively.

During this time, their commitment and leadership were key to consolidating Fundeps’ institutional work, strengthening our team, and expanding our agendas in research, advocacy, and capacity-building. In a complex context, they were able to sustain and care for a collective project that continues to grow thanks to that shared journey.

We are deeply grateful for the work and dedication they brought to this organization over the years. We know they will continue contributing to the defense and advancement of human rights with the same experience, sensitivity, and conviction they demonstrated along this path.

Each stage brings new challenges as well as new opportunities. At Fundeps, we remain committed to collective work, building alliances, and advancing human rights as a path toward more just, equitable, and sustainable societies.

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Civil Society Organizations and Communities Call for Respect for Rights at the IDB Annual Meeting in Asunción

Civil society organizations from Latin America and the Caribbean will participate this week in the Annual Meeting of the Inter-American Development Bank (IDB) Group, which will take place in Asunción from March 11 to 14. The aim is to raise concerns about the direction of the Bank’s investments and to demand that its operations respect human rights, protect nature, and ensure that communities can decide whether projects are developed in their territories and participate effectively in decision-making from beginning to end.

Organizations that are part of the IDB Working Group will use the Assembly as an opportunity to hold meetings with Bank authorities, governments, and other stakeholders. Among the issues we seek to place on the agenda are the growing restrictions on civic space in the region, the risks associated with the commodification of nature, the role of the IDB in the Amazon, the development of regional infrastructure corridors, and the challenges of advancing a truly just energy transition.

Participation Agenda

During the week of the Assembly, we will participate in various dialogue and coordination activities.

On March 9, a workshop will be held with Paraguayan organizations, in collaboration with local groups such as Henoi, Sunu, Axial, and Climate Reality, to analyze the impacts of IDB-financed projects in the country and strengthen regional civil society coordination.

On March 10, a full-day working session with the Bank will take place to discuss its Civil Society Engagement Strategy and Action Plan.

On March 11, Suhayla Bazbaz, Director of Community Cohesion and Social Innovation (Mexico) and a member of the IDB Working Group, will participate in the IDB–Civil Society/Stakeholders Forum in the panel “The Importance of Multilateral Engagement with Civil Society Organizations: Challenges and Perspectives,” focused on the challenges of ensuring informed and meaningful participation of civil society in the Bank’s decision-making processes.

That same day, a meeting is scheduled with the Bank’s President, Ilan Goldfajn. These exchanges are part of an ongoing dialogue process that the working group has maintained with the IDB presidency in recent years. Dialogue sessions between the IDB and social organizations will also be held on the following topics: regional logistics corridors, the Amazonia Forever program, the new procurement policy, and restrictions on civic space.

Concerns Regarding the South Connection Program

Within the framework of the Assembly, we will present observations on the South Connection Regional Program for South American Connectivity (Conexión Sur in Spanish), an IDB initiative aimed at promoting regional corridors for transport, logistics, energy, and digital connectivity in South America.

While we recognize the importance of improving regional connectivity, the program’s current design poses social, environmental, and governance risks if substantial changes are not introduced.

The program prioritizes global competitiveness and integration into international value chains, with a strong emphasis on logistics corridors, ports, and energy transmission, while paying limited attention to territorial impacts, local economies, and the needs of the communities living in the areas where this infrastructure will be developed.

Without complementary local productive development strategies, the new corridors could reinforce economic patterns based on the export of raw materials and extractive activities, without generating substantial improvements in the quality of life of local populations.

In initiatives such as support for logistics corridors in the Amazon and large-scale energy transition projects, the IDB risks repeating past mistakes and promoting false solutions that may generate severe socio-environmental consequences, largely due to the lack of effective dialogue spaces with civil society organizations that place the needs and rights of local communities at the center of discussions.

Brent Millikan, GT Infraestrutura (Brazil)

IDB Project in Paraguay

The Bioceanic Road Corridor, financed by the IDB through a USD 200 million loan to the government of Paraguay, aims to connect the port of Santos in Brazil with ports in northern Chile, with the goal of facilitating international trade and improving access to markets in the country’s western region.

However, local organizations and communities have expressed concern about the lack of adequate consultation with Indigenous peoples such as the Ayoreo, as well as the project’s potential impacts. These could include displacement, loss of livelihoods, risks of gender-based violence, pressure on Indigenous territories, and damage to biodiversity in one of the most fragile areas of the Paraguayan Chaco.

Participation and Transparency

The working group has also expressed concern about the limited participation of civil society, Indigenous peoples, local communities, and Afro-descendant populations in the design of several of the Bank’s strategic initiatives, including Conexión Sur, the Amazonia Forever program, and the Biodiversity and Natural Capital Action Plan.

These processes have offered few opportunities for meaningful dialogue with the actors living in the territories where these initiatives will be implemented. In the case of the Biodiversity Plan, for example, organizations warn that despite references to inclusive approaches in the document, there were no substantive opportunities for exchange with these groups during its development.

Strengthening early participation, transparency, and accountability is key to improving the quality of the Bank’s policies and preventing socio-environmental conflicts.

In this context, part of the agenda will be dedicated to a dialogue with Bank teams to present an assessment of current trends in restrictions on civic space. We hope to share recommendations from civil society and learn about the concrete steps the Bank is taking to address these situations.

A Just Energy Transition

Finally, we will present our concerns regarding how the IDB is addressing the energy transition in the region. While we recognize the urgency of moving toward low-carbon energy systems, the Bank’s current approach continues to reproduce “business-as-usual” dynamics.

Among the main criticisms is the continued support for fossil fuel infrastructure, including the promotion of gas as a transition technology, as well as the expansion of mining and green hydrogen in the region without adequate processes for information sharing, consultation, and impact assessment. In response, we call on the IDB to prioritize social and environmental justice, strengthen the implementation of safeguards, guarantee the effective participation of affected communities, and develop an energy plan aligned with the Paris Agreement and human rights.

“Through instruments such as the IDB Initiative on Minerals in Latin America and the Caribbean—through which the Bank presents itself as a key multilateral partner for the extraction of critical minerals—the IDB seeks to position itself as a reference in financing the energy transition. However, this strategy places Latin America and the Caribbean at risk of becoming a sacrifice zone for ‘critical minerals’ for the global transition, with limited participation of communities and Indigenous peoples in decision-making and in defining policies and projects. We urge the IDB to prioritize social and environmental justice, ensuring the effective participation of affected communities and promoting a truly just transition.”

Gonzalo Roza, Fundeps (Argentina)

In a regional context marked by the climate crisis, socio-environmental conflicts, and shrinking civic space, transparency, public participation, and accountability are essential conditions to ensure that investments in infrastructure and energy truly contribute to sustainable development and the well-being of communities.

Contact
Gonzalo Roza, gon.roza@fundeps.org

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More than 160 organizations are calling on Formula 1 to end tobacco and nicotine sponsorships

On March 4th, more than 160 civil society organizations from around the world sent a letter to Formula 1 urging it to update its ban on tobacco sponsorships to include nicotine pouches and to stop facilitating the promotion of addictive products to its millions of young fans. We also urged other F1 sponsors—Disney, Lego, and Hot Wheels—to demand action.

The Formula 1 ban on cigarette sponsorship ended in 2006. However, tobacco companies Philip Morris International (PMI) and British American Tobacco (BAT) are currently promoting nicotine pouches—one of their newest products—through Formula 1 team sponsorships. PMI sponsors the Ferrari team to promote its product Zyn, while BAT sponsors the McLaren team with its Velo brand. The logos appear prominently on the cars and on the racing suits of their star drivers, including 2025 world champion Lando Norris and seven-time world champion Lewis Hamilton. These sponsorships are also widely promoted on social media to hundreds of millions of followers.

At the same time, Formula 1 has actively worked to expand its global youth audience, including recent partnerships with Disney, Lego, and Mattel’s Hot Wheels. These collaborations include the presence of Mickey Mouse and friends at F1 races, as well as exclusive Lego and Hot Wheels products aimed at children. According to Formula 1 itself, more than 4 million children aged 8 to 12 follow the sport in the European Union and the United States, while 54% of its TikTok followers and 40% of its Instagram followers are under 25.

“By sponsoring Formula 1 teams, tobacco companies are attempting to reach the same young audiences that F1 has sought to attract. Formula 1 must not be complicit in this strategy. To protect the health of its young fans, it is essential that F1 update its ban on cigarette sponsorships to include other tobacco and nicotine products, such as nicotine pouches,” states the letter addressed to F1 CEO Stefano Domenicali.

In separate letters, the organizations also urged the chief executives of Disney, Lego, and Mattel to join the call for Formula 1 to ban all forms of tobacco- and nicotine-related sponsorship.

“Tobacco companies seek to associate their brands with Formula 1 and its most recognizable drivers because they know that children and adolescents will see them,” said Yolonda C. Richardson, President and CEO of Campaign for Tobacco-Free Kids. “Promoting tobacco and nicotine products in the same spaces where Disney, Lego, and Hot Wheels are present is part of the industry’s ongoing strategy to attract new generations, while claiming that their products are only for adults. F1 must protect children and immediately end any ties with the tobacco industry, ensuring that it does not become a platform for promoting harmful and addictive products.”

Nicotine pouches pose significant health risks for younger generations. These products expose young people to high levels of nicotine, a highly addictive substance that can affect brain development—which continues until around age 25—and increase vulnerability to other addictions. In the United States, nicotine pouches are the only tobacco product whose youth use has increased in recent years.

The letter addressed to Formula 1 was signed by 162 organizations from 57 countries.

Contact
Maga Ailén Merlo Vijarra, magamerlov@fundeps.org

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Abortion Access in Córdoba: Progress and Ongoing Challenges in Implementing Law 27.610

More than five years after the enactment of Law 27.610, Fundeps presents a provincial report that systematizes progress, barriers, and good practices in access to voluntary and legal abortion in Córdoba. The report provides evidence produced in collaboration with healthcare teams and feminist activists, within a challenging national context for the protection of sexual and reproductive rights.

More than five years after the enactment of Law No. 27,610, which guarantees the right to voluntary and legal termination of pregnancy (IVE/ILE), effective access to safe abortion continues to face implementation challenges that require ongoing monitoring, evidence generation, and sustained strategies to strengthen public policy.

Within this framework, the Fundación para el Desarrollo de Políticas Sustentables (Fundeps) presents the study “Termination of Pregnancy in the Province of Córdoba: Progress and Challenges in the Implementation of Law No. 27,610,” which systematizes persistent barriers and good practices within the province’s public healthcare system.

This report is the result of research conducted between May and October 2025, aimed at identifying the real conditions of access to sexual and (non-)reproductive health services in Córdoba. Based on a participatory survey of healthcare providers, the study—carried out by Consuelo González Clariá in coordination with Fundeps’ Gender and Diversity Area—provides relevant information to improve service implementation and consolidate rights-based practices, particularly in adverse contexts.

The research adopted a mixed qualitative and quantitative approach. It included 80 surveys of healthcare workers across different departments and jurisdictions of the province, analyzed through non-probabilistic descriptive statistics, as well as five semi-structured interviews selected through purposive sampling. The survey was answered primarily by family or general medicine professionals (51.2%) and social workers (22.5%), and to a lesser extent by professionals in gynecology and obstetrics (11%) and psychology (7.5%). This reflects the interdisciplinary nature that the guarantee of abortion rights currently assumes within the public health system.

A Contextualized Diagnosis of Abortion Access in the Province

The findings show a sustained process of expansion and normalization of abortion services in the province. Termination of pregnancy—whether through misoprostol alone, the combined misoprostol and mifepristone regimen, or Manual Vacuum Aspiration (MVA)—is guaranteed at all levels of care, with regional variations.

Nearly 80% of respondents stated that the procedure is resolved within one or two consultations, reflecting simplified care processes and strengthened institutional pathways.

Challenges persist in the implementation of the instrumental MVA procedure, which remains concentrated in certain health centers with established experience, alongside some more recent experiences at the primary and secondary levels of care. Only 22% of respondents reported that MVA is performed at their institutions. The main obstacles include lack of technical training, supervised practice, coordination with emergency services, and the availability of adequate recovery space and restroom facilities.

Regarding institutional support for healthcare teams providing abortion services, significant differences were observed between the capital city and the rest of the province. In the city of Córdoba, most professionals reported receiving “considerable” (55%) or “strong” (25%) support to provide IVE services. In contrast, the interior of the province presents a more uneven scenario: 90% of responses were distributed almost evenly among “strong,” “considerable,” and “limited” support, with lower levels of support particularly in the northern and western regions.

Institutional conflicts are concentrated mainly in pharmacy, emergency, and gynecology departments. A notable good practice identified is administrative diligence, which helps build internal alliances and foster trust by associating IVE teams with values such as transparency and responsibility.

Interviews confirm that institutional recognition of abortion services was neither automatic nor linear. The knowledge, commitment, and legitimacy of teams were built over time through sustained training, interdisciplinary work, consensus-building, and accumulated institutional experience.

Precarious hiring conditions undermine team stability and service sustainability. While permanent positions are concentrated in the capital, primary care centers in the interior rely mainly on independent contractor arrangements (monotributo), which also contribute to burnout among those who guarantee this right daily.

Persistent Barriers and Good Practices Sustaining Access

Although progress is evident, the mapping identifies structural barriers that continue to shape access, especially outside the capital. More than half of respondents indicated that users face transportation-related difficulties (52%), followed by staff shortages (41%), and obstacles in obtaining appointments and broader economic constraints (33.8%).

In terms of available resources, only 20% reported difficulties accessing medications, with mifepristone identified as the most problematic supply, followed by misoprostol. When supplies are lacking, 50% suspend the procedure and refer the patient elsewhere, while 43% file a formal complaint. This situation is mitigated by the institutional decision of both the provincial government and the municipal government of Córdoba to guarantee access to the procedure despite national-level cuts in medication distribution. The presence of feminist networks within healthcare spaces, administrative structures, and civil society organizations also plays a fundamental role in ensuring access.

Slightly more than half of respondents received specific training in IVE, with marked regional disparities.

The study also revealed instances of mistreatment toward service users: one-third of professionals identified such situations in their health centers, although underreporting is possible.

Conversely, good practices are widely extended in care for children and adolescents. However, challenges remain in providing care to LGBTIQ+ populations and people with disabilities, linked to difficulties in sustaining interdisciplinary approaches under current labor conditions.

A Collective Process in a Challenging Context

The presentation of this report takes place within a restrictive national scenario marked by the weakening of public policies and reduced funding for civil society organizations. In this context, reaffirming the validity of Law 27,610 and ensuring its institutionalization beyond changing administrations is crucial. The State, at all levels, is obligated to guarantee timely, dignified, and quality access to voluntary termination of pregnancy and to actively remove the barriers that hinder it.

Today, implementation is sustained by a historical network of feminist collectives, grassroots activism, social organizations, and the commitment of healthcare teams.

On December 9, at the Museum of Anthropology of the National University of Córdoba (UNC), Fundeps presented preliminary findings at the event “Access to Abortion in Córdoba: Perspectives and Resources for Strengthening It.” The gathering brought together feminist activists, healthcare teams, public officials, and civil society organizations. Key findings were shared, along with a digital resource guide for healthcare teams—featuring rights-based guidelines, publications, and audiovisual materials—and a communication campaign aimed at young users to strengthen access to clear, reliable, and timely information.

Sustained Commitments from Fundeps

Through its Gender and Diversity Area, Fundeps worked intensively throughout 2025 to strengthen sexual and (non-)reproductive rights, even amid a deep crisis for social organizations. Key initiatives included the Second Provincial Meeting of Health Professionals: “Networks of Commitment and Care: MVA Practice in Córdoba and Access to Abortion for Children, Youth, and Diverse Communities,” as well as MVA training sessions for healthcare teams in Santa Rosa de Calamuchita, Mina Clavero, and Del Campillo, in coordination with the Directorate of Adolescence, Youth, and Adulthood.

Additionally, the organization continued promoting Comprehensive Sexual Education (ESI) through workshops with secondary-level teachers and students, in collaboration with the ESI Diploma Program at the Faculty of Philosophy and Humanities and in coordination with the Unión de Educadores de la Provincia de Córdoba (UEPC).

A self-paced virtual course on access to legal abortion in Córdoba has also been developed and will be available starting in March 2026.

This work would not have been possible without collaboration with the Comprehensive Health Clinic Team, the Directorate of Adolescence, Youth, and Adulthood, the ESI Diploma Program of the Faculty of Philosophy and Humanities, La Casita Trans, UEPC, and the daily commitment of feminist activists and healthcare teams who often guarantee access anonymously.

The report we present is one more tool to continue strengthening networks and building joint strategies to defend a hard-won right.

We invite activists, healthcare teams, social organizations, public officials, and all those committed to strengthening abortion rights to read, share, and use this report as a resource for collective action.

Guaranteeing access to abortion is not only about complying with the law—it is about sustaining, every day, a public policy grounded in social justice and human rights.

Author:
Carola Bertona, carolabertona@fundeps.org

Contact:
Romina Pezzelato, romina.pezzelato@fundeps.org

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More Than Labels: Legal Keys to Defending the Right to Adequate Food

In a context of regulatory backsliding that threatens public health policies, Fundeps presents More Than Labels, a collective legal compendium that provides concrete tools to defend the Law on the Promotion of Healthy Eating and to strengthen the human right to adequate food in Argentina.

The Law on the Promotion of Healthy Eating is a key public policy for advancing the human rights to adequate food and to health in Argentina. Its comprehensive design—grounded in scientific evidence and a human rights–based approach—positions it as a structural pillar of food policy and a central instrument for regulating the food environment and protecting the population, particularly groups in situations of greater vulnerability.

However, shortly after its implementation began, the law faced a scenario of regulatory regression. Resistance from the food industry, far from remaining at the level of public discourse, translated into regulatory flexibilizations and administrative decisions that weaken the protection standards defined by Congress. These measures, adopted by state bodies through lower-ranking regulations, jeopardize rights already secured and compromise the constitutional and international human rights obligations of the Argentine State.

Against this backdrop, More Than Labels: Legal Keys to Defending the Law on the Promotion of Healthy Eating is presented as both a collective endeavor and a strategic tool for the active defense of the Healthy Eating Law. The compendium brings together contributions from diverse authors who, drawing on complementary legal approaches, offer clear and actionable arguments to uphold the law’s full force and effect, demand its effective implementation, and challenge regressions at the political, institutional, and judicial levels.

The Healthy Eating Law as a Turning Point in Food Regulation

In her article, María Eugenia Marichal analyzes the Healthy Eating Law as a response to the historical fragmentation of food regulation in Argentina. She characterizes it as a “normative suturing” that articulates health, production, consumption, and food safety within a rights-based framework, and underscores the need to safeguard the State’s regulatory autonomy in public health against attempts at administrative deregulation and regional harmonization that prioritize commercial interests.

Healthy Eating Through a Human Rights–Based Approach

Maximiliano Carrasco examines the law through the lens of the Human Rights–Based Approach, linking it to the State’s constitutional and international obligations. His central argument is clear: the Healthy Eating Law embodies the principles of progressivity and non-regression, and any measure that lowers its standards triggers a presumption of illegitimacy that must be subject to strict scrutiny.

Courts as Arenas of Contestation

In their joint work, María Laura Fons Camarena and Agustina Mozzoni demonstrate how the Healthy Eating Law strengthens the judicial enforceability of the right to adequate food. By enhancing normative density, the law enables a shift beyond assistance-based approaches and opens the door to strategic litigation, positioning the Judiciary as a key barrier against corporate interference and regulatory rollback.

Environmental Justice Contributions to the Right to Food

Ananda María Lavayen advances an innovative reading that connects adequate food with the experience of environmental justice. Her article draws on tools such as broad standing, the dynamic burden of proof, and structural justice approaches, and argues that the full implementation of the Healthy Eating Law is a necessary condition for advancing the effective enforceability of this right.

The Healthy Eating Law and the Consumer Protection System

From a consumer law perspective, Dante Rusconi analyzes how the Healthy Eating Law integrates into the federal consumer protection system. His contribution highlights the strategic role of provinces and municipalities, which possess concrete powers to monitor compliance and impose sanctions, even in contexts of inaction or regression at the national level.

A Tool for Active Defense

Far from being a merely descriptive analysis, More Than Labels seeks to strengthen advocacy, litigation, and civic oversight capacities in a context marked by the weakening of public health policies. The publication reaffirms that defending the Healthy Eating Law is synonymous with defending the right to adequate food, public health, and the role of the State as a guarantor of rights.

Contact:
Maga Ailén Merlo Vijarra, magamerlov@fundeps.org

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Asian Infrastructure Investment Bank: Key Insights from the First Financing in Argentina

In September 2023, the Asian Infrastructure Investment Bank (AIIB) approved its first financing operation for Argentina, amounting to USD 65 million, aimed at the construction of a wind farm near Río Grande, in the province of Tierra del Fuego. This was the institution’s first project in the country since Argentina’s official accession to the AIIB in 2020.

However, despite its approval, the project was recently cancelled. The reasons for this decision include the lack of sovereign guarantees and a shift in the national political landscape following the inauguration of President Javier Milei in December 2023.

The analysis conducted by FARN, Fundeps, and Fundación CAUCE examines the project, its socio-environmental implications, and the challenges it poses in relation to international financing for the energy transition. In addition, the document offers a review of the AIIB’s role in the region and the institutional framework governing its involvement in infrastructure projects.

The case of the wind farm in Tierra del Fuego illustrates how the interplay between geopolitics and changes in national priorities can influence the implementation of strategic projects. It also underscores the importance of transparency, access to public information, and effective mechanisms for citizen participation, particularly when projects may generate impacts on protected natural areas, such as the Atlantic Coast Reserve, a Ramsar site of international importance for migratory birds.

This study builds on the ongoing monitoring work carried out by these organizations on international financial institutions operating in Latin America.

Update

After the document went to press, the AIIB officially cancelled the project due to the Argentine National State’s failure to provide the required sovereign guarantee.

Although this decision alters the project’s administrative status, it does not diminish the relevance of the analysis, which remains key to understanding how such financing mechanisms are structured, what standards apply, and the opportunities and tensions facing Argentina’s energy transition.

The official project information sheet is available at:
https://www.aiib.org/en/projects/details/2025/_download/Argentina/P000654-Argentina-Tierra-del-Fuego-Energy-Transition-Support-Project-PSI-Oct.-7-2025.pdf

A necessary debate on the energy transition

The AIIB’s experience in Argentina raises important questions about how to advance toward a just energy transition, supported by robust socio-environmental safeguards, effective citizen participation, and coherence between local needs and international commitments, as well as the role of multilateral development banks.

From our organizations, we continue to promote the production of public information, citizen oversight, and the defense of environmental rights as fundamental pillars of a transition that respects territories and communities.

Contact:
Gonzalon Roza, gon.roza@fundeps.org

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Captured Youth: How the Tobacco Industry Seduces a New Generation

A new report by Fundeps analyzes the marketing and psychological persuasion strategies used by the tobacco industry to normalize the consumption of tobacco and nicotine among young people and adolescents, circumventing regulations and reducing risk perception.

Smoking continues to be the leading cause of preventable death worldwide. Each year, it causes more than 7 million deaths, including 1.6 million resulting from involuntary exposure to smoke from tobacco and nicotine products. In order to survive, the tobacco industry requires new consumers—replacement smokers.

Within this context, we present the report “Captured Youth: Marketing and Psychology of the Tobacco Industry to Engage a New Generation,” a study that examines how the tobacco industry has managed to reposition products historically associated with addiction, disease, and death as symbols of enjoyment, belonging, and freedom among young people and adolescents.

In the report, Julián Pellegrini, Licentiate in Psychology (University of Buenos Aires) and Director of Project Squatters, explores the psychological techniques employed by tobacco marketing to exploit vulnerabilities characteristic of youth audiences. Drawing on insecurities, desires for belonging, and the pursuit of immediate gratification, the industry constructs strategies that transform these experiences into opportunities for expanding its business.

Far from disappearing, traditional advertising strategies have adapted to new formats. Today, the promotion of tobacco and nicotine products is disguised through social media, influencers, cultural events, aspirational aesthetics, and narratives of authenticity and enjoyment. They do not sell products; they sell identities, experiences, and lifestyles.

In this way, an addictive and lethal product is presented as an aesthetic accessory associated with modernity, success, and social acceptance. These sophisticated and opaque tactics enable the industry to evade existing regulations, reduce risk perception, and normalize consumption within the very spaces where youth identity is constructed.

The report’s focus is not only to denounce these practices, but also to understand their mechanisms: how perceptions are shaped, how the symbolic groundwork for early initiation is laid, and how these strategies challenge—and often surpass—current regulatory frameworks.

Understanding how tobacco industry marketing operates is a fundamental step toward strengthening public policies for tobacco prevention and control, protecting young people, and guaranteeing the right to health.

Contact:
Maga Ailén Merlo Vijarra, magamerlov@fundeps.org

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Reform of the Intelligence System: A Regulation That Puts Basic Constitutional Guarantees at Risk

On December 31, the Executive Branch issued Decree of Necessity and Urgency (DNU) 941/2025, through which it reformed the functioning of the Argentine intelligence system. This reform was not enacted through a law debated in Congress, but rather unilaterally, during the legislative recess.

Why should this matter to you?

Because it changes the way in which the State can monitor you, directly affecting your freedom, autonomy, and privacy.

You have no way of knowing how your personal data are used

The DNU requires more than 15 public agencies to share citizens’ personal data with the State Intelligence Secretariat (SIDE), without establishing specific procedures or oversight mechanisms. The decree thus becomes a tool for mass surveillance. Moreover, the accumulation of large volumes of data within a single agency is even more dangerous given the State’s lack of an adequate information security policy and the frequency of data breaches.

The decree provides for no form of citizen oversight of SIDE’s activities and further concentrates power within this agency. SIDE may request information from provinces and municipalities, approve secret budgets, and share personal data with foreign agencies without judicial authorization—all under absolute secrecy. No one will know how your information is used or to whom it is disclosed.

No one oversees those who oversee

The decree establishes that intelligence activities are, by definition, covert. This means that you will not be able to know whether you are being investigated, why, or what information is being held about you. The covert nature of these activities can frustrate potential investigations aimed at establishing State responsibility. There is no way to seek redress if mistakes are made or abuses occur. Secrecy becomes the rule.

An intelligence agency with the power to detain you

For the first time in democracy, intelligence agents are granted the power to detain individuals. SIDE may carry out the “apprehension” of persons without clear criteria, without defined guarantees, and without judicial authorization. This opens the door to arbitrary detentions, persecution, and intimidation. It effectively transforms intelligence services into a kind of secret police operating without oversight.

The military would return to internal security tasks

For decades, Argentina worked to clearly separate national defense (the military) from internal security (the police). This separation was a lesson learned from the dictatorship: the armed forces should not exercise control over the civilian population. This decree allows the Armed Forces to carry out intelligence activities on “non-state organizations”—without clarifying which organizations fall under this category or what criteria would apply—and removes civilian oversight. This represents a dangerous historical regression.

The return of the “internal enemy” doctrine

This DNU significantly expands the concept of counterintelligence to include the prevention of infiltration, espionage, sabotage, influence, interference, or external intervention detrimental to the decision-making processes of public authorities, national strategic interests, and/or the population at large, including “multidimensional approaches” involving state and non-state actors.

By amending Article 4 of Law No. 25,520, the prohibitions designed to prevent intelligence agencies from engaging in political intelligence (such as influencing political, social, or economic life, political parties, or public opinion) are rendered irrelevant due to the inclusion of an extremely broad exception: counterintelligence activities are authorized to carry out practices that were previously prohibited. In practice, this relaxes legal limits on domestic intelligence and enables political espionage in the name of counterintelligence.

The vagueness of certain terms raises serious questions about how these provisions will be applied in practice. This concern is heightened by the dissemination, in December, of an alleged National Intelligence Plan (PIN), which explicitly identified anarchists, Indigenous peoples, environmental activists, and journalists who “misinform” or “delegitimize” the government as “internal enemies.”

As a result, the rights to freedom of expression, association, and petitioning the authorities are placed at serious risk. Demanding legislation (such as the Glaciers Law or funding for disability programs) could turn individuals into intelligence targets, making them subject to surveillance, infiltration, and even detention.

Why now? Why in this way?

This manifestly unconstitutional DNU breaks basic democratic consensus, expands the scope of State discretion, weakens oversight mechanisms, and enables practices that were believed to be part of the past. By authorizing tools for surveillance, persecution, and detention, it sends a direct signal to those who defend rights, territories, and democracy.

Once again, decisions of extreme importance are made without legislative debate. The constitutional requirements for issuing decrees of necessity and urgency are clearly not met: there are no exceptional circumstances preventing Congress from enacting legislation, and reforms of this magnitude, far from being adopted unilaterally, should be carried out only with broad political consensus. Congress must reject this decree.

Signatories:

Amnistía Internacional Argentina, Asociación Argentina de Abogados Ambientalistas / CAJE, Asociación Civil por la Igualdad y la Justicia (ACIJ), Poder Ciudadano, CELS, Democracia en Red, Fundación SES, Fundación Vía Libre, Campaña Argentina por el Derecho a la Educación (CADE), Fundación Ambiente y Recursos Naturales (FARN), Fundación para el Desarrollo de Políticas Sustentables (Fundeps), Fundación para el Desarrollo Humano Integral, Fundación Protestante Hora de Obrar, Xumek- Asociación para la Promoción y Protección de los Derechos Humanos, Fundación Cambio Democrático, Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP), Instituto Latinoamericano de Seguridad y Democracia (ILSED), Comisión Argentina para Refugiados y Migrantes (CAREF), Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales (ANDHES), Consciente Colectivo, Fundación Huésped, Greenpeace, Federación Ecuménica de Cuyo (FEC).

Contact:

Mayca Balaguer, maycabalaguer@fundeps.ord

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Healthy environments in municipalities: regulatory advances to protect children

Within the framework of the alliance with UNICEF Argentina, Fundeps visited the municipalities of Villaguay, Ezeiza, and Río Tercero, which are part of the Healthy Environments program under the Municipalities United for Children and Adolescents (MUNA) initiative. Each team is making steady progress in developing regulations to strengthen children’s well-being and nutrition, thereby consolidating a local agenda committed to protecting and promoting healthy environments.

Fundeps, in alliance with UNICEF Argentina, supported a key regulatory-strengthening process throughout 2025 to promote health-enhancing environments in various communities across the country.

During September and October, we visited the municipalities of Villaguay (Entre Ríos), Ezeiza (Buenos Aires), and Río Tercero (Córdoba) with the aim of deepening our work with the MUNA teams that sustain on-the-ground actions focused on promoting health and adequate nutrition, especially for children. At these meetings, we shared with local authorities the progress made and the challenges faced in designing local legal tools that seek to give solidity, continuity, and reach to public policies linked to health-promoting environments.

Municipalities leading the way

The experiences of Villaguay, Ezeiza, and Río Tercero show the commitment of local governments to moving forward with comprehensive policies that improve community well-being. Each municipality is implementing actions to promote physical activity, expand access to healthy foods in educational institutions and public spaces, and strengthen food and nutritional education processes.

In 2025, these localities took on the challenge of developing local legal instruments that would allow them to consolidate and expand these initiatives with a rights-based, child-centered approach. Fundeps and UNICEF provided technical guidance, offering evidence, regulatory references, and relevant examples.

These municipalities now have the opportunity to chart a path toward stronger protection of the right to health and adequate nutrition, ensuring that future generations grow up in healthier, safer, and more equitable environments.

The importance of promoting healthy environments

Fundeps, together with UNICEF, developed the technical document “Regulatory tools to promote healthy environments in municipalities,” aimed at guiding local regulatory processes to protect the rights to health, adequate nutrition, and a dignified childhood.

This document, based on recommendations from human rights organizations and the best available scientific evidence, recognizes that creating environments that support health is a public health priority due to its direct impact on quality of life and on the prevention of non-communicable chronic diseases (NCDs), the leading cause of death in Argentina.

According to the World Health Organization (WHO), healthy environments are those that reduce risks, strengthen people’s care capacities, and promote autonomy in the spaces where they live, study, work, and play.

Dietary patterns in Argentina show high consumption of ultra-processed products and low intake of fruits and vegetables. According to UNICEF and FIC Argentina (2023), only 20% of children and adolescents meet the recommended consumption of fruits and vegetables, while ultra-processed products account for more than 35% of daily calories. Added to this is a high level of sedentary behavior: 64% of the population does not engage in sufficient physical activity, and more than 80% of adolescents do not meet WHO recommendations.

In this context, municipalities play a strategic role in driving policies that transform everyday environments and make it easier to adopt healthy lifestyles.

Why are local ordinances essential?

The report highlights that municipalities are the level of government closest to the population, capable of adapting national and provincial policies to local realities. Having an ordinance on healthy environments allows for:

• Strengthening actions already being carried out by health, education, and social development departments, based on the highest protection standards and a human-rights approach.
• Ensuring the sustainability and continuity of policies beyond changes in administration.
• Defining obligations and responsibilities for each actor involved, as well as sanctions and compliance mechanisms.
• Facilitating the allocation of resources and specific budgets for the issue.
• Promoting intersectoral coordination and citizen participation, ensuring that policies respond to real territorial needs.

Thus, municipal regulations function as tools to institutionalize and protect the progress made in health, nutrition, and child development, creating conditions that endure over time.

Toward sustainable, rights-based local policy

Building healthy environments requires a comprehensive, long-term approach. It involves not only transforming physical spaces but also institutional frameworks, everyday practices, and food culture.

At Fundeps, we continue to support municipalities in this effort, providing technical assistance, training, and reference materials that strengthen their institutional capacities and promote social participation.

Promoting healthy environments ultimately means building fairer, healthier communities where all people—especially children—can fully exercise their rights to health, adequate nutrition, and a dignified life.

Authors:
María Laura Fons
Victoria Sibila

Contact:
Maga Merlo: magamerlov@fundeps.org