Proposed Bill in Brazil: E-cigarette Sales as Public Health Crime

According to an article on October 18th by Brazilian news outlet Só Notícias, Federal Representative Gisela Simona has recently introduced a bill in Congress proposing to categorize the sale, importation, and advertising of e-cigarette devices as a public health crime.

According to the regulations of this project, any act of selling, importing, providing, or advertising e-cigarette devices will be sentenced to imprisonment for 2 to 4 years and fined from 300 to 1000 days. If minors are involved, the sentence will be increased to 4 to 8 years, along with a fine ranging from 500 to 1500 days.

Simone further proposes that the Brazilian Health Regulatory Agency (Anvisa) be responsible for protecting public health by explicitly giving the authority to regulate the testing and registration process of e-cigarette devices and analyze relevant studies submitted in administrative procedures. She emphasizes that public agencies have a role in the regulation of e-cigarette devices within the national consumer protection system or the national health surveillance system.

The government's work in the administrative sector should not be overlooked, and the powers of the national police must be fully utilized to protect the public from the risks of e-cigarettes," warned Simona.

She emphasizes the importance of protecting the best interests of every Brazilian citizen through this proposal, namely their health, which is currently threatened by legal loopholes in the use of e-cigarettes. She reminds people of the most famous example, which is Law No. 9.294 enacted in 1996 that restricted the consumption and advertisement of tobacco products. The results in combating smoking have been significant.