Tag Archive for: Brazil

Brazil’s Minister of Health, Alexandre Padilha, has firmly positioned himself against the legalization of e-cigarettes and similar vaping devices. Speaking at a World No Tobacco Day campaign launch in Brasília on May 28th, Padilha emphasized his support for maintaining the National Health Surveillance Agency’s (Anvisa) existing ban (RDC 46/2009, reinforced by RDC 855/2024) on the commercialization, importation, and advertising of these products.

Padilha stated he has not been approached by the industry or other government sectors to discuss the matter but asserted, “Brazil has a level of use of these devices that is 5 to 7 times lower than in other countries that have legalized their commercialization. This shows the correctness of Anvisa’s decision.”

Roberto Gil, Director-General of the National Cancer Institute (Inca), supported the ministry’s stance, noting that while there was an increase in overall smoking last year, it was driven by conventional cigarettes. “The challenge today is to protect new generations from electronic cigarettes, the industry’s strategy to create new dependents,” Gil highlighted.

The Ministry of Health also reported a significant increase in cognitive-behavioral therapies provided by the public health system (SUS) between 2022 and 2024, with attendances jumping 96.4% from 42,300 to 83,000. Collective health activities and home visits also saw substantial rises.

Coinciding with these statements, an Inca study titled “The Bill the Tobacco Industry Doesn’t Count” was released. It revealed that for every R$1 of profit made by the tobacco industry, the federal government spends R$5 on treating smoking-related diseases. In 2019, each R$0.156 million in profit from legal cigarette sales equated to one death from related illnesses. The study concluded that for every R$1 of tobacco industry profit, Brazil incurs R$2.3 in direct treatment costs and R$5.1 in total (direct and indirect) costs. Inca epidemiologist André Szklo stressed the importance of measuring these societal costs to seek accountability and reimbursement from the industry, which he noted uses profits to encourage youth smoking initiation.

Government Cracks Down on Illegal Online Promotion and Sales of E-cigarettes

The Brazilian government has ordered major digital platforms, including YouTube, Instagram, TikTok, Mercado Livre, and Enjoei, to immediately remove all content that promotes or sells electronic cigarettes (vapes) and related prohibited products. The notification, issued by the National Council to Combat Piracy (CNCP) under the National Consumer Secretariat (Senacon), gives the platforms a maximum of 48 hours to comply.

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The city of Limeira, located in the interior of São Paulo, has become the first in Brazil to implement a law restricting the use of electronic cigarettes in public spaces. The new legislation, which also prohibits the sale and consumption of these devices by minors under the age of 18, aims to protect the health of citizens and prevent young people from starting to consume nicotine products.

The law, approved by the City Council and sanctioned by the city government, will come into effect in 30 days, allowing residents and commercial establishments to adapt to the new rules. This pioneering initiative could serve as a model for other Brazilian cities seeking to regulate the use of electronic cigarettes and protect public health.

The measure seeks to safeguard the population, especially young people, from the potential harm caused by electronic cigarettes. By banning the use of these devices in public places, Limeira aims to ensure a healthier environment free from harmful substances. The expectation is that the law will contribute to reducing the consumption of these devices and raising awareness about their risks.

Councilman Nilton César dos Santos (Republicans) initially proposed the legislation, which was subsequently approved by the City Council and the City Hall. The anti-smoking law already prohibits this type of consumption, and this new law reinforces that stance.

Comprehensive Scope and Enforcement

Limeira’s legislation prohibits the use of vapes and similar products by minors under 18 years of age and restricts consumption in all public places in the city, whether open or closed. The ban also extends to private establishments for collective use, such as bars, restaurants, and cinemas.

The law specifies several locations where the use of e-cigarettes will be prohibited, including:

  • Squares
  • Gyms
  • Schools
  • Exhibition spaces
  • Bars and restaurants
  • Nightclubs
  • Hotels
  • Supermarkets
  • Workplaces
  • Common areas of condominiums

This comprehensive scope aims to ensure that the restriction is effective and that the population is protected from exposure to these products.

Establishments that fail to comply with the law will face notifications and penalties, the amounts of which will be defined by decree. Those responsible for the establishments must also:

  • Post informative posters about the law and the risks of using electronic cigarettes
  • Monitor the premises and warn offenders
  • Request the removal of those who insist on failing to comply with the rule

The city government of Limeira will be responsible for monitoring compliance with the law and applying the sanctions provided for in the event of non-compliance. The effectiveness of the law will depend on the collaboration of the population and the engagement of commercial establishments in promoting awareness and compliance with the rules.

Alignment with National Legislation

Although Limeira is the first city to implement a specific law against e-cigarettes, the National Health Surveillance Agency (Anvisa) has already banned the sale of these products throughout the country. Anvisa also updated the ruling to reinforce the ban on the manufacture, import, sale, distribution, storage, transportation, and advertising of e-cigarettes in Brazil.

The “anti-smoking law,” passed in 1996, also prohibits smoking in closed public spaces. Limeira’s legislation complements this law, making monitoring more rigorous at the municipal level. The measure could serve as inspiration for other cities that want to strengthen control over the use of electronic cigarettes and protect the health of their citizens.

A Step Forward in Public Health Protection

The ban on electronic cigarettes in Brazil is justified by the lack of quality control and oversight of these products, as well as their growing popularity, especially among young people. Studies indicate that electronic cigarettes can be even more harmful to health than traditional cigarettes, due to the high frequency of use and the potential harm caused to minors.

Limeira’s decision to ban e-cigarettes in public places and for people under 18 represents a significant step forward in protecting public health. This measure, in line with Anvisa regulations, seeks to reduce the consumption of these devices and their potential harm, especially among young people.

As the first Brazilian city to take such a bold stand, Limeira’s pioneering initiative could inspire other cities to adopt similar measures, paving the way for a healthier future for all. By prioritizing the well-being of its citizens and taking proactive steps to address the risks associated with e-cigarettes, Limeira has set a powerful example for the rest of the country to follow.

Thinking of packing your vape for your next international trip? You might want to reconsider. While vaping might be commonplace in places like Luxembourg or parts of the US, the legal landscape globally is a complex patchwork. Many popular tourist destinations have implemented strict anti-vaping laws, ranging from hefty fines to, in some cases, actual prison sentences. Ignorance of these laws won’t protect you, and what’s perfectly legal at home could lead to serious trouble abroad.

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Brazil has witnessed a significant increase in the seizure of electronic cigarettes, commonly known as “vapes,” in 2024, despite a long-standing prohibition by the National Health Surveillance Agency (Anvisa) since 2009. The state of São Paulo, in particular, saw a sevenfold increase in confiscated devices compared to the previous year, highlighting the growing popularity of the product in the face of strict regulations.

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The regulation of electronic cigarettes in Brazil was the focus of a debate during E-Mundi (World Press Meeting) held at BAT Brazil Labs in Cachoeirinha, Rio Grande do Sul. Despite a ban on vapes in the country since 2009, approximately 3 million Brazilians use illegal electronic cigarettes containing harmful substances, with nearly 30% of adolescents having tried them, attracted by added flavors.

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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).

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New Measures Target Clandestine Sale of Products Prohibited by Anvisa Since 2009

The Brazilian Federal Revenue Service (Receita Federal) has intensified its enforcement efforts against the sale of electronic cigarettes, which have been prohibited in Brazil since 2009 by determination of the National Health Surveillance Agency (Anvisa). The clandestine sale of these products, openly displayed in shop windows of popular malls and commercial centers, now faces severe penalties, including the suspension and even cancellation of the National Registry of Legal Entities (CNPJ) for repeat offenders.

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Brazilian Consumer Protection Agency Cracks Down on Illegal Vape Ads Targeting Youth

Procon Goiás, the consumer protection agency in the Brazilian state of Goiás, has notified Facebook to provide information about advertisements on its platform promoting the sale of electronic smoking devices, including vapes, pods, and e-cigarettes. The agency took action after monitoring the app’s marketplace and discovering numerous ads from establishments selling these products.

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The Brazilian Federal Revenue will suspend the CNPJ (National Registry of Legal Entities) of entities or branch establishments if they engage in the commercialization, display, storage, safekeeping, or transportation of prohibited products that pose potential risks to public health, the environment, or safety. This measure particularly targets e-cigarettes, vapes, and smoking products, and will be enforced during operations to combat smuggling, embezzlement, international drug trafficking, and money laundering, without prejudice to other applicable sanctions.

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