Nicotine e-cigarettes in Peru: analysis of law 32159 against international evidence and gaps for adolescent protection

Abstract

The article analyzes the regulation of nicotine electronic cigarettes (EC) in Peru, with an emphasis on Law 32159 and its capacity to protect the health of adolescents in light of international evidence. Although they are often perceived as less harmful than combustible cigarettes, studies link their use to cardiovascular and respiratory risks, as well as a higher probability of transitioning to combustible tobacco use in adolescents. The evolution of the Peruvian regulatory framework for tobacco control is reviewed, and it is recognized that Law 32159 constitutes an advance by explicitly incorporating electronic nicotine delivery systems within a comprehensive regulatory approach. In this sense, the law addresses 100% smoke- and vape-free environments, the prohibition of advertising, promotion, and sponsorship, health warnings, marketing restrictions, multisectoral oversight, and incorporates Art. 5.3 of the Framework Convention on Tobacco Control regarding industry interference in control policies for the consumption of tobacco products, nicotine, and substitutes for both. However, gaps persist between the law and its implementation: insufficient definitions of flavorings, lower requirements for health warnings, and limited capacity to control indirect and digital advertising in a context of informal markets and online trade. The absence of fiscal measures weakens public policy. In conclusion, the impact of the law will depend on precise regulations, effective oversight, and complementary instruments such as price and tax policies.