Read Anvisa’s resolution that bans electronic cigarettes in Brazil

Anvisa (National Health Surveillance Agency) published this Wednesday (April 24, 2024) on DOU (Official Gazette of the Union) a resolution that prohibits the manufacture, import, commercialization, distribution, storage, transportation and advertising of electronic smoking devices, popularly known as electronic cigarettes. Click here to read the full document (PDF – 115 kB).

The entry into the country of products brought by travelers by any form of import, including accompanied baggage or hand luggage, is also not permitted. According to the agency, “failure to comply with this resolution constitutes a health infraction”.

The text defines electronic smoking devices as “smoking product whose emissions are generated with the aid of a system powered by electricity, battery or other non-combustible source, which mimics the act of smoking”. The following are included in the category and, therefore, prohibited:

• disposable or reusable products;
• products that use a solid, liquid or other matrix, depending on their construction and design;
• products composed of a unit that heats one or more matrices: liquid (with or without nicotine); solid (usually composed of tobacco extract or leaves – crushed, crumbled, ground, cut or whole, or other plants); composed of synthetic substances that reproduce tobacco components and extracts from other plants; by essential oils; by vitamin complexes, or other substances; It is
• products known as e-cigsENDS (electronic nicotine delivery systems), ENNDS (electronic non-nicotine delivery systems), e-pod, pen drive, pod, vapesheated tobacco product, HTP (heated tobacco product), heat not burn (heated tobacco) and vaporizers, among others.

Understand

On Friday (19 April), Anvisa’s board of directors decided to maintain the ban on electronic cigarettes in Brazil. The agency’s 5 directors voted for the ban, in force since 2009, to continue in the country. With the decision, any type of import of these products is prohibited, including for personal use.

In his vote, the CEO of Anvisa and rapporteur of the matter, Antonio Barra Torres, read for around two hours opinions from 32 Brazilian scientific associations, in addition to positions from the Ministries of Health, Justice and Public Security and Finance. He also cited a public consultation carried out between December 2023 and February this year on the topic.

In her report, Barra Torres was based on documents from the WHO (World Health Organization) and the European Union and on decisions by the Belgian government to ban the sale of all heated tobacco products with additives that alter the smell and taste of the product. . He mentioned that, this week, the United Kingdom approved a bill that prohibits those born after January 1, 2009, therefore under 15 years of age, from buying cigarettes.

The representative of Opas (Pan American Health Organization) in Brazil, Socorro Gross, indicated that the country has been internationally recognized for its internal tobacco control policy since the last century. “This measure protects, saves lives, effectively promotes public health and is a crucial step towards a healthier and safer environment for all people.”

Arguments were also presented calling for the regulation of consumption and sale of products by Anvisa, which claimed to reduce harm to regular cigarette smokers and combat the illegal sale of irregular products, without toxicological control and of unknown origin.

The director of British American Tobacco in Brazil, Lauro Anhezini Júnior, stated that consumers are being treated as 2nd class citizens. The cigarette industry representative called for decisions to be made based on science.

“It is not just industry science, it is the independent science of this country that also proves that these are risk reduction products. Electronic cigarettes are less of a health risk than continuing to smoke regular cigarettes,” declared.

The communications director of the multinational Philip Morris Brasil, Fabio Sabba, argued that the current ban has proven ineffective in the face of the growing illicit and smuggling market in the country.

“By deciding to maintain the simple ban at a time when the market is growing uncontrollably, Anvisa fails to fulfill its role of ensuring that these 4 million Brazilians or more consume a product that meets defined regulatory criteria. It is ignoring that the market itself is asking for consumer quality rules.” he stated.

The devices

Electronic smoking devices are also known as electronic cigarettes, vape, pod, e-cigarette, e-ciggy, e-pipe, e-cigar It is heat not burn. Although their sale in Brazil is prohibited, they can be found in several commercial establishments and consumption, especially among young people, has increased.

Since 2003, when they were created, the equipment has undergone several changes:

• disposable or single-use products;
• refillable products with liquid refills (which mostly contain propylene glycol, glycerin, nicotine and flavorings), in an open or closed system;
• heated tobacco products, which have an electronic device where a refill with tobacco is attached;
• system podswhich contains nicotine salts and other substances diluted in liquid and resembles pen drives, among others.

Most electronic cigarettes use rechargeable batteries with refills. This equipment heats a liquid to create aerosols (popularly called vapor) and the user inhales the vapor.

The liquids (e-liquids or juice) may or may not contain nicotine in different concentrations, as well as additives, flavors and chemicals that are toxic to health – mostly propylene glycol, glycerin, nicotine and flavorings.

On the Anvisa website, you can find more information about electronic cigarettes.

With information from Agência Brasil.