Brazil opens public consultation on vaping ban, with 60 days for public feedback

  Brazil’s National Health Surveillance Agency (Anvisa) will discuss opening a public consultation, giving members of the public 60 days to express their views in order to determine the future of vaping devices in the country.

Breaking news: According to recent reports from Brazilian media outlet Olhardigital, Brazil’s National Health Surveillance Agency (Anvisa) will discuss opening a public consultation, giving the public 60 days to express their views on the future of vaping devices in the country.

Previously, the Anvisa board spent more than seven hours hearing opinions from public institutions on the regulation of DEFs (electronic smoking devices) and their possible impact on the smuggling of these devices and on the health of the Brazilian population.

Institutions including Brazil’s Ministry of Health, the National Cancer Institute (INCA), and the Ministry of Justice and Public Security all presented statements.

Under RDC Resolution No. 46, Anvisa has banned the manufacture and sale of vaping devices since 2009.

On October 17, Brazilian Senator Soraya Thronicke introduced Bill No. 5,008/2023, proposing regulation of the vaping trade in the country. The proposal aims to authorize the nationwide production, import, and sale of such devices.

The bill proposes specific rules, such as banning sales to users under 18, rejecting the manufacture of open-system devices, and prohibiting sweet flavors and packaging that evokes children. The text of the bill also discusses why the number of vaping device users in Brazil has continued to grow exponentially despite Anvisa’s ban, citing international research data showing that vaping devices are more effective than other nicotine products in helping people stop using traditional tobacco products.

A survey conducted by Intelligence in Research and Consultancy (IPEC) showed that between 2018 and 2022, the number of vaping device users quadrupled, and 23.9% of Brazilians aged 18 to 24—nearly one-quarter of the total—had tried vaping devices.

The health risks of these products have sparked broad debate in Brazil’s scientific community, which remains divided over the conclusions of international studies comparing the health effects of these devices with those of traditional cigarettes.

In September 2023, the Senate held a public hearing on vaping regulation and health impacts, but the participants did not reach a consensus.

Thronicke, who chaired the hearing, said:

 “More dangerous than regulation is the absence of regulation, because we do not know what substances our population is consuming,” and defended the urgency of “drawing up a regulatory proposal based on the reality on the ground.”