Bruno Fagali is a Brazilian attorney that is practicing in the fields of administrative law, corporate compliance, and corporate integrity. He spends his time being based between Sao Paulo and Alagoas. Mr. Fagali presently works for Brazilian marketing agency, NOVA/SB. He also founded his a law advisory firm called Fagali Advocacy in 2016.
Bruno Fagali completed his studies in law at the Pontifical Catholic University of São Paulo. He then went on and completed advanced studies in administrative law and state law at the University of Sao Paulo and the PUC of Sao Paulo. Below are Mr. Fagali’s interpretations of the new law on tobacco advertising and its impact on the tobacco industry in Brazil.
Bruno Fagali says that the primary laws that will govern tobacco marketing in Brazil right now are DRC 195/2017 and DRC 213/2018. DRC 195/2017 took effect in 2017, and DRC 213/2018 will take effect at the end of May this year.
Packaging requirements and labeling are the focus of DRC 195. It requires that tobacco products have the name of the manufacturer, date of production, and product name on the package. Ingredients, product type, and quantity must also be printed. The importer and lot number are also required. These new rules apply to all tobacco products including cigarettes and cigars.
There are many other aspects of DRC 195 that manufactures and advertisers must take into account when making packaging. Many images or suggestions are strictly prohibited. Tobacco packaging cannot try to convey an image that smoking will improve health. Associations between cultural, religious and civic celebrations are banned as well. Misleading information or the direct promotion of tobacco use on the packaging is outlawed too.
DRC 213 deals more with the actual marketing of tobacco. It does not allow tobacco to be marketed at sports or cultural events such as football. The new law also mandates that any advertisement must include a health warning and a message that says the sale to minors is prohibited. This warning must occupy at least 20% of an exhibition. No free samples or gifts can also be associated with tobacco sales under DRC 213 too.