Brazil Considers Bill to Criminalize E-Cigarette Sales and Ads
A new bill under consideration in Brazil’s Chamber of Deputies aims to criminalize the sale, importation, and advertising of electronic cigarettes. The proposed legislation, introduced by Congresswoman Gisela Simona (União-MT), would impose penalties of two to four years imprisonment and fines for anyone who sells, imports, or advertises e-cigarettes without registration from the National Health Surveillance Agency (Anvisa).
The bill extends the same penalties to the sale, importation, and advertising of e-cigarette accessories and refills. In cases involving minors, the penalties are increased to four to eight years imprisonment and fines.
Under the proposed law, Anvisa would only be able to grant registration for e-cigarettes if the applicant can prove, through specific toxicological studies and scientific tests, that the product does not pose risks to health or the environment.
Congresswoman Simona emphasizes that Brazil’s tobacco control policies have saved thousands of lives and argues that these gains are now threatened by electronic smoking devices. She asserts that Anvisa’s existing prohibition on the sale of e-cigarettes (Resolution 46/09) has not been sufficient to address the issue.
“In recent years, we have seen an increase in the use of electronic cigarettes, which come with a claim that they are less harmful to the consumer’s health, that they would not cause as much damage to health, but this is not true,” Simona stated. “In Brazil, we have an Anvisa resolution that prohibits the sale of electronic cigarettes in the country. But this resolution and enforcement have not been enough to stop this type of product in our country.”
The bill criminalizing the sale, importation, and advertising of e-cigarettes is being analyzed in conjunction with another proposal of similar content. It must be voted on by the Constitution and Justice Committee before proceeding to the full Chamber of Deputies for consideration.
If passed, the legislation would represent a significant step in Brazil’s ongoing efforts to reduce tobacco use and protect public health. As the debate continues, policymakers will need to balance concerns about the potential risks of e-cigarettes with arguments about personal freedom and the effectiveness of prohibition in curbing their use.
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