Peru Proposed Vape Ad Bans , But Flavors Remain Legal

After a 16-month delay, Peru’s Ministry of Health has released a draft regulation restricting e-cigarette advertising and mandating health warnings, though critics warn the failure to ban youth-appealing flavors leaves a critical loophole.

The Peruvian Ministry of Health has published the long-awaited draft regulation for Law 32159, introducing strict digital advertising bans and mandatory health warnings for vaping products. However, the draft fails to prohibit flavored e-cigarettes—the primary driver of youth initiation—despite data showing that 40% of students in cities like Trujillo and Pucallpa have already tried vaping.

The Regulatory Shift: Advertising Bans and Mandatory Warnings

On March 19, the Ministry of Health (Minsa) published the draft regulation designed to enforce Law 32159, a statute enacted in November 2024 to prohibit the sale of vapes to minors. Arriving 16 months behind schedule, the document is now open for a 90-day public consultation period.

The draft introduces a total “blackout” for traditional tobacco products (cigarettes and heated tobacco), banning all forms of advertising, promotion, and sponsorship across digital platforms, social networks, and cross-border media. Conversely, nicotine products like vapes face strong restrictions but not a complete ban.

Under the proposed rules, vape promotion is prohibited on:

Social media and through influencers.
Open television and radio.
Areas in close proximity to schools.

However, vape advertising remains legal in magazines, on billboards, and at adult-oriented events, provided the ads include a health warning covering 15% of the space and do not associate the product with success, popularity, or sexual appeal.

New Health Warnings and Product Registration

For the first time, the regulation establishes eight mandatory, rotating health warnings specifically tailored to e-cigarettes. These phrases, which must change every 12 months, include:

“Vaping can cause nicotine addiction.”
“Vaping produces lung injury.”
“Vaping affects concentration and memory.”

Furthermore, the draft mandates a prior product registry. Importers and manufacturers must disclose their product compositions to Digesa (General Directorate of Environmental Health), which will publish the data on a public platform. Currently, at least 137 importers operate in Peru without an official state registry of their products or ingredients.

The Critical Loophole: Flavors Remain Legal

Public health advocates argue the draft’s most glaring omission is the failure to ban flavored vapes. While Article 29 prevents products from using names or images resembling candies, desserts, or fruits attractive to minors, it does not regulate the actual flavorings. A strawberry-flavored vape can still be manufactured and sold; only its packaging must change.

This omission is significant. Jorge Palma, president of Asovape in Peru, acknowledged that the industry lobbied heavily to avoid flavor restrictions. According to the anti-drug organization DEVIDA and researchers from Yale University, flavors are the primary reason adolescents initiate consumption and the main factor complicating nicotine cessation.

A 16-Month Delay Fuels a Youth Epidemic

The 16-month delay in publishing these regulations has allowed the youth vaping epidemic to accelerate. A January 2026 study by CEDRO revealed alarming statistics regarding adolescent use (ages 12–17) across major Peruvian cities:

City / Region	Adolescent Vaping Prevalence (Ever Used)
Pucallpa	~40% (4 in 10 students)
Trujillo	~40% (4 in 10 students)
National Average (Surveyed Cities)	34.9%

Researcher Eva Chaname Ampuero warned that prevention efforts have historically focused on traditional tobacco, allowing the vaping industry to position its products as “less harmful” to a vulnerable demographic.

Verdict: A Flawed Step Forward

The draft regulation represents a necessary, albeit delayed, step toward controlling Peru’s unregulated vape market. By targeting digital advertising and influencer sponsorships—tactics heavily utilized by brands like Vuse—the Ministry of Health is closing the primary avenues of youth marketing. However, by allowing flavored e-liquids to remain legal and maintaining unequal packaging standards compared to combustible cigarettes (30% text warnings for vapes vs. 70% graphic warnings for cigarettes), the regulation leaves critical loopholes that the industry will undoubtedly exploit. The upcoming 90-day public consultation period will be a vital battleground between public health organizations and tobacco lobbyists.

Reference: Perú publica el borrador para regular vapeadores: avanza en controles, pero no prohíbe los sabores

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.