BAT lobby Brazil to push for legalization and regulation of e-cigarettes

Key Highlights:

Lobbying tactics: British American Tobacco uses methods such as organizing media tours of its research and development factories and showcasing its technological investments to convey to the public and regulators an image of e-cigarettes as being capable of regulation, control, and mature technology.

2. Industry demands are clearly defined: BAT does not advocate for completely lifting the ban on e-cigarettes, but rather aims to promote a controlled, regulated, and registered legal market to combat black market products.

Government regulatory shift signs: Despite Anvisa previously maintaining a ban, regulators' language has shifted from "absolute prohibition" to "seriously considering" the information provided by the industry, showing a softening attitude.

Legislative support: BAT explicitly supports the bill proposed by Senator (PL 5008/2023), showing that they are not only lobbying from an administrative perspective, but also pushing for legalization through the legislative process.

Industry impact estimation: Once the bill is passed, Brazil may become the first major country in Latin America to open up the e-cigarette market, providing international companies with a new market that is regulated and can be anticipated.

According to a report by Metro1 on April 10th, despite the Brazilian National Health Surveillance Agency (Anvisa) deciding to uphold the ban on the sale of e-cigarettes in December of last year, British American Tobacco's Brazilian subsidiary (BAT Brasil) has not given up on lobbying efforts. They are now supporting a proposed bill to push for the legalization and regulation of e-cigarettes.

In order to strengthen media influence, BAT recently invited 17 journalists from about 15 media outlets to visit its research and development center in Rio Grande do Sul, Brazil. The center focuses on the development of new reduced harm products, with BAT emphasizing the technological content and safety of its products in an attempt to shape a compliant alternative image in the public opinion.

The BAT institution affairs manager stated that the company does not advocate for the liberalization of sales, but rather supports comprehensive regulation of the e-cigarette market.

The bill supported by BAT (PL 5008/2023) was introduced by Senator Soraya Thronicke from the Podemos-MS party, with the aim of promoting the establishment of a regulatory system for the entire e-cigarette chain in Brazil, from raw material control to product distribution, all within a legal framework. The proposal suggests adopting a regulatory model similar to that of the UK - limiting the sale of traditional cigarettes while encouraging e-cigarettes as a smoking cessation tool.

Although Anvisa began a public consultation on e-cigarettes last year, receiving over 13,000 feedback responses, its final stance has not yet been made clear. The agency recently released a statement indicating that the issue is currently "undergoing a technical analysis stage, evaluating the scientific evidence received and Brazil's socioeconomic context.

This series of actions demonstrates that Brazil's e-cigarette policy is currently in a crucial stage of strategic interaction. The interplay between the industry and regulatory authorities could have a profound impact on the country's future path to harm reduction in tobacco.

Main image source: Agência Brasil/Joedson Alves.