Brazilian Government Considers Regulations for E-Cigarettes in Public Consultation

Recently, according to the Brazilian media outlet Olhardigital, the Brazilian National Health Regulatory Agency (Anvisa) will be discussing the possibility of opening a public consultation period in order to seek opinions from the society. This consultation period, if approved, would provide a 60-day timeframe for stakeholders to express their views and help determine the future development of e-cigarettes in Brazil.

Previously, the Anvisa committee spent over 7 hours listening to public institutions' perspectives on the regulation of DEF (e-cigarette devices) and the potential impact it may have on the smuggling of these devices and the health of the Brazilian population.

The Brazilian Ministry of Health, the National Cancer Institute (INCA), as well as the Ministry of Justice and Public Security, among other institutions, have issued statements.

According to Resolution No. 46 of the National Health Surveillance Agency (Anvisa), the production and sale of e-cigarette devices have been prohibited since 2009.

On October 17th, Brazilian Senator Soraya Thronicke presented Bill No. 5,008/2023, proposing regulation of the e-cigarette trade in the country. The proposal aims to authorize the production, importation, and sale of these devices nationwide.

The proposed bill suggests establishing concrete regulations such as prohibiting sales to users under the age of 18, vetoing the production of open system devices, and banning packaging with sweet fragrances or child-like imagery. The bill's text also acknowledges the exponential growth of e-cigarette users in Brazil despite the ban imposed by Anvisa, citing international research data that shows e-cigarettes are more effective in deterring the use of traditional tobacco products. A survey conducted by Intelligence in Research and Consultancy (IPEC) reveals that the number of e-cigarette users has doubled from 2018 to 2022, with 23.9% (almost a quarter of the total) of Brazilian young adults aged 18 to 24 having tried e-cigarettes.

The health risks posed by these products have sparked extensive debate among the scientific community in Brazil, with conflicting international research findings on the comparison of the health hazards associated with these devices and traditional cigarettes.

In September 2023, the Senate held a public hearing to discuss the regulation and health impact of e-cigarettes. However, the debaters did not come to a consensus on the matter.

Tronick, who presided over the hearing, stated:

More dangerous than regulation itself is the lack thereof, as we remain unaware of the substances our population is consuming," and defended the urgency of "developing regulatory proposals based on the reality at hand.