Americas

25th April 2024: Brazil: Following last Friday’s (20th April) decision by the National Health Surveillance Agency (Anvisa) to maintain the ban on heated tobacco and e-cigarettes, the agency published resolution 855/24, which replaces resolution 46/09. The new resolution prohibits all types of “electronic smoking devices”, which include heated tobacco, herbal heated products, e-cigarettes, devices and other products that may fall under this category. Advertising of these products as well as their use in enclosed public places are prohibited.
22nd April 2024: Brazil: Last Friday (20th April), the board of the National Health Surveillance Agency (Anvisa) unanimously decided to maintain the ban on heated tobacco and e-cigarettes. The ban includes the manufacture, import, sale, distribution, storage, transport and advertising of the products. It is also forbidden to enter the country with the products as a traveller. The authority stressed that while usage itself is not prohibited, use in indoor public places is not allowed.
18th April 2024: US - Hawaii: Honolulu mayor Rick Blangiardi has signed Bill 1 banning the sale of herbal cigarettes to anyone under 21 years old. It will require posting a sign on or near vending machines selling the products that bears the statement: “The sale of herbal cigarettes to persons under 21 is prohibited”. The bill says: “Herbal cigarettes are made of herbs such as damiana, ginseng, catnip, and mint.” Honolulu is one of the first localities that specifically limits the sale of herbal cigarettes to under-21s. It is a city-county with a total population of 1m.
17th April 2024: Canada: The minister of finance presented the Federal Budget 2024, which proposes to amend the Tobacco and Vaping Products Act to allow information sharing between government departments for the effective administration and enforcement of the forthcoming tobacco cost recovery framework.
17th April 2024: Canada: Starting today, heated tobacco and oral tobacco tax increases to CAD11.61031 (USD8.42) per 50 g or a fraction of 50 g contained in a package.
17th April 2024: Brazil: The National Health Surveillance Agency (Anvisa)’s board meeting – which was scheduled for today – to discuss, among other topics, the regulation of e-cigarettes and heated tobacco products (HTPs), has been postponed to Friday (19th April). The postponement is due to technical and operational problems.
12th April 2024: Brazil: Following a public consultation that ended in February, the National Health Surveillance Agency (Anvisa) has scheduled a meeting for next Wednesday (17th April) to make a final decision on the regulation of electronic cigarettes and heated tobacco products (HTPs). The decision could be postponed if one of the directors requests more time to evaluate the case.
11th April 2024: US - Ohio: A coalition of 14 cities in Ohio has filed a lawsuit challenging the state law that prevents cities and counties from enacting tobacco regulations that are stricter than the state’s. The plaintiffs claim the law violates Ohio’s constitution, specifically a line that says cities “have the authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws”. The pre-emption law was passed by the state’s General Assembly as part of its budget proposal, and then vetoed for a second time by governor Mike DeWine before the General Assembly voted to override the veto in January. The case seeks a temporary injunction to keep the ban from going into effect on 24th April.
11th April 2024: US - Virginia: House Bill (HB) 1099 has been signed by the governor. It redefines “cigarette” for state cigarette tax purposes to include “cigarettes intended to be heated”. HB 1099 also subjects such heated tobacco (HT) consumables to an excise tax of $0.0225 per stick from 1st July 2024.
11th April 2024: Brazil: The Senate Committee on Transparency, Supervision and Control approved a request to hold a joint public hearing with two other committees on the bill that aims to regulate heated tobacco (HT) and e-cigarettes. A date for the public hearing has not yet been set. The committees will then analyse the bill, and if the text is approved and there is no request for a new vote in plenary, the bill will go to the Chamber of Deputies.
10th April 2024: US - Alabama: House Bill (HB) 438 has been introduced, which would provide a definition for heated tobacco products and establish a tax for them. Accordingly, from 1st October 2024 until 30th September 2027, for all heated tobacco products, the tax on a single-use consumable unit would be $0.17. From 1st October 2027 the tax would be $0.0085 per single-use consumable unit, and from 1st October 2029 the tax would be $0.005 per single-use consumable unit.

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