Following a board conference of the Agência Nacional de Vigilância Sanitária (ANVISA), the nation's food and medicine authority, on April 19, Brazil reaffirmed and reinforced its prohibition on vape pens. With a unanimous decision, the ANVISA board decided to keep the ban in place, which has been in force since 2009.
The government placed a prohibition on "transportation and storage," which may be construed by law police to imply practically anything, including having a vape on the street or retaining one at home, and strengthened import regulations to forbid anyone from importing items for personal use.
Published on April 23, the ANVISA resolution goes into effect on May 2. It forbids the use of vaping and heated tobacco products in any location that is "accessible to the general public or for collaborative use, totally or partially sealed on any of its sides by a wall, the division, ceiling, awning or roof, either permanently or temporarily," as well as the "manufacture, import, sale, transportation, storage, transportation and advertising" of these products.
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“Brazil's sizable illicit market will grow despite the government's resistance to vaping and the tougher import limits; the earnings will go to organized criminal syndicates rather than to local enterprises that follow regulations.”
In addition to outlawing manufacturer or seller advertisements, the rule also forbids "dissemination of data or claims about the good without scientific proof" and "any other form of communication or steps that encourages electronic smoking devices, such as paid articles in newspapers and magazines, attracting the interest and focus of the population, whether they're actual consumers of the goods or not, and could encourage consumption or initiation of use."
The decision was made in reaction to the most recent vaping public survey, the findings of which were mostly disregarded and showed that most respondents were against the nation's vape ban. According to Brazil Reports, ANVISA made its judgment based on recommendations from the World Health Organization (WHO). Also, the agency upheld the restriction two years ago while disregarding the outcomes of a consultation.
Brazil's sizable illicit market will grow despite the government's resistance to vaping and the tougher import limits; the earnings will go to organized criminal syndicates rather than to local enterprises that follow regulations. Brazil is the most populated nation in Latin America with over 203 million people (ranked seventh globally), making it virtually hard to regulate informal marketplaces for popular goods.
According to Brazilian vaping website Vapor Aqui, a recent poll revealed that over four million Brazilians had vaped at some time. A different government agency poll found that almost 17 percent of adolescents in the 13–17 age range had vaped at least once.
