Paraguay Senate to Decide on Vaping Device Advertising in Upcoming Bill
The fate of vaping device advertising in Paraguay now rests in the hands of the Senate, as the Chamber of Deputies accepted some of the Senate’s modifications to the bill regulating the consumption, sales, and other aspects related to pods, electronic cigarettes, and vaping devices. The central point of disagreement between the two legislative bodies revolves around the advertising of these products.
On 03/18/2025, the Chamber of Deputies accepted the majority of the Senate’s modifications, with the exception of articles 5, 11, 14, and 19, which were ratified. However, subsection R of article 4 and C of subsection 16 were rejected, the latter being a significant point of contention. The rejected subsection proposed to prohibit the advertising of vaping devices, a move that the Chamber of Deputies deemed excessive, considering that even more harmful products do not face such stringent advertising restrictions.
Deputy Jorge Ávalos Mariño defended the Chamber’s position, stating that the proposed advertising ban was considered disproportionate, given that it does not apply to other products deemed more detrimental to health.
The bill, as it currently stands, maintains several key provisions aimed at regulating the use and sale of vaping devices. Article 5 upholds the prohibition of commercialization in places where food is prepared, such as restaurants, bars, or establishments where food, candy, or refreshments are sold or dispensed. The article also explicitly forbids the sale of vaping devices in healthcare and hospital centers, public administration buildings, educational institutions, and sports facilities.
Article 6, which the Chamber of Deputies maintained from the Senate version, expands on these restrictions, banning the use of vaping devices in the following areas:
- Enclosed spaces, with or without natural ventilation systems or exterior ventilation, in which more than one individual interacts simultaneously, with the exception of areas exclusively designated for people who smoke or vape, which must be properly separated and marked.
- Vehicles or means of public transportation of people and ambulances, and means of river transportation and aircraft with origin and destination in national territory.
- Ports, airports, bus and taxi terminals and stops, as well as any means of public transportation of people.
- Play areas or zones for children.
- In public or private spaces, enclosed or open, where there is a gathering of people, at a distance of not less than five (5) meters, except for private residences.
- Work premises in which more than one person interacts simultaneously, including workers and employers, at a distance of not less than five (5) meters.
One crucial point on which both the Senate and the Chamber of Deputies agree is the total prohibition of vaping devices for minors. Article 5 establishes a comprehensive ban on the use, commercialization, sale, supply, and delivery of electronic nicotine delivery systems (ENDS) and similar systems without nicotine (SSWN) to minors. This prohibition extends to accessories and supplies related to these devices.
Furthermore, the bill aims to prevent the distribution of vaping devices to non-smokers or non-vapers, with article 16 prohibiting the free delivery, supply, distribution, and sale of ENDS, SSWN, and their accessories to minors. The article also forbids minors from possessing these devices.
As the bill returns to the Senate for further consideration, the fate of vaping device advertising in Paraguay hangs in the balance. The Senate must now choose between ratifying its original position on the advertising ban or yielding to the Chamber of Deputies’ stance, which would result in a law without this particular prohibition.
The ongoing debate surrounding the regulation of vaping devices in Paraguay highlights the challenges faced by lawmakers as they attempt to strike a balance between public health concerns and the interests of the vaping industry. As the legislative process unfolds, the final outcome of this bill will have significant implications for the future of vaping in the country, particularly in terms of advertising and access to these products by minors.
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