Honduras: Tobacco Law In Honduras In Force Since February 2011

Last Updated: 24 October 2011
Article by Guadalupe Martinez Casas

International Business Development at CENTRAL LAW (Honduras)

The comprehensive Tobacco Control Law is effective in Honduras since February 21st 2011. This law is based on the framework convention for tobacco control of the World Health Organization which the country ratified in 2004 with other 171 nations.

In Latin America, Honduras joins Peru, Colombia, Uruguay, Panama, Mexico, Guatemala, Buenos Aires, nine Argentinean provinces, and seven Brazilian states in having strong smoke-free laws and policies. Honduras also has one of the strongest policies on pictorial warning labels in the region, along with Uruguay.

The law aims to reduce and gradually eliminate the tobacco consume in order to grant people´s health right especially to women and children which are more exposed to the risks derived from the tobacco -active or passive- consume.

The new legislation ´s objective is to regulate the production, distribution, trade, import, consume, publicity, promotion and sponsorship related to tobacco products.

It specifically prohibits smoking in public or private closed places. Offenders are subject to fines: to the smoker (an equivalent fine to a daily payment of a minimum salary. This is almost US$300 per day) ; to the owner of a store ( an equivalent fine to a monthly payment of two minimum salaries. This is almost US$600 per month) and to the owner of a public or private transport (an equivalent fine to one minimum salary).

It is also prohibited to smoke in public or private open spaces in less than 2 meters from people.

Restaurants won´t have anymore the smoking areas since they become a non smoking area with the new law.

The stores that don´t comply with the law are exposed to their trade license cancellation whenever they are second offenders.

Only the authorized sale stores can sell tobacco and must be attended by workers older than 21 years old. Expending machines are banned and also the tobacco internet sales are prohibited.

The sanction will go from 10 monthly minimum salaries for the first time and second time will be punished with 20 monthly minimum salaries plus the closing of the store for 30 days.

Tobacco cannot be sold in the health centers, educational institutes or universities, libraries, museums and sport facilities.

The sale of tobacco is only allowed to 21 years old persons. Stores must advertise this with a label. Also tobacco products cannot be at the reach of the final consumer, it must be delivered by the seller. Cigars cannot be sold per unit or in packages less than 10 cigarettes.

The law also bans the manufacturing, import, sale and free distribution of candies, toys and other objects that have the shape of tobacco products and are of the attraction of persons under 21 years old.

People under 21 years old cannot sell or buy tobacco and they cannot be in the places where smoking is allowed.

The sanction for the employment of minors and for letting them enter the places where smoking is allowed will be respectfully of 50 monthly minimum salaries plus confiscation and product destruction and of 10 monthly minimum salaries without detriment of the criminal liability that may apply.

The Honduran Institute for the prevention of alcoholism and drugs (In Spanish, IHADFA) is compelled to propose and review the images and texts that the manufacturer will show in the packages under his own liability.

The law prohibits the false and misleading information in the packages. It cannot be said to consumers that one kind of cigarettes are less dangerous than other kind of cigarettes so the label stating "containing low tar", "light", "ultra light" or "soft " is strictly prohibited.
The 80% of both sides of the package must contain messages and images about the tobacco harmful effects. The information regarding the components of the cigarette must be set at both sides of the box.

In terms of advertisement the packages are only allowed to include the manufacturer information, distributor, trademark, company or brand logotype, kind of product, its components and health warning in the text, graphics, images that refer to the harmful effects of the active or passive tobacco consume.

The law prohibits the use of trade identification elements associated, combined or related to healthy persons.

It prohibits all kind of advertisement, broadcast, television, written press, billboards, for the tobacco and its products, also the sponsorships related to minors.

The sanction for non allowed advertising and for misleading information will be of 100 minimum salaries plus the confiscation and destruction of the product.

The tobacco industry must take away or suspend any kind of advertisement, sponsorship, promotion, or trade identification that does not comply with the law in 90 days.

Regarding sales in free zones the law prohibits the sales, distribution and trade of tobacco products.

The illegal traffic of tobacco is also banned and the law states that it will be punished by the current criminal code.

People can denounce the law offenders to police authority and they can also denounce people that throw lighted cigarette ends or cigarettes.

The law also entitles any person to sue the tobacco industry for the damages caused by tobacco to the population´s health in general or to one individual derived from the tobacco products in an active or passive way when the tobacco industry had inserted false or incomplete information or had skipped or hidden information regarding the effects and consequences derived from the tobacco consume.-

** Published in Diario Tiempo, February 25th, 2011

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions