Normative analysis: How is the new tobacco regulation in Córdoba?

Today, May 31, the World No Tobacco Day is celebrated. On the occasion of this date, we carry out an analysis of the latest law passed in Córdoba on the matter.

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In October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health from two thematic nodes. On the one hand, it incorporates a complete prohibition of advertising, promotion, sponsorship and exhibition of tobacco, its derivatives and smoking accessories in dispensers and any other type of shelf located in the premises where such products are sold. On the other hand, it introduces electronic cigarettes and heated tobacco products, and establishes its prohibition of distribution and commercialization to minors under 18 years of age and the prohibition of consumption in closed places with access to the public. The new provincial legislation extends the threshold of protection of the right to health, in line with the recommendations of the World Health Organization and, mainly, with the standards established in the Framework Convention on Tobacco Control.

Until the enactment of the tobacco law No. 10,661, in the province of Córdoba, the prohibitions on advertising established by the national law 26,687 governed by the adherence of the provincial law No. 10,026. National law prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; leaving the advertisements at points of sale, the publications of companies in the sector and direct communications, with the consent and verification of the age of majority of the recipients.

However, through the new local regulations, progress is made in a higher standard of protection of the right to health than that established in the national standard, completely prohibiting advertising, promotion and sponsorship and including the display of the product as part of that prohibition.

In sum, in this report an analysis of Provincial Law 10,661 is made in relation to the two thematic nodes introduced, based on the delimitation of the scope of the new prohibitions in relation to the provisions of national legislation and international instruments in the matter (especially, the Framework Convention for Tobacco Control). At the same time, some of the possible challenges in the application of local law are recognized and possible advances aimed at deepening the protection of the right to health are seen.

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  • Gonzalo Hunicken
  • Delfina María Scagliotti