Market & legal data in the tobacco alternatives sector in Brazil

22nd July 2024: Brazil: A congresswomen from the Democratic Labour Party (which is part of the government coalition) has introduced a bill to criminalise the manufacture, import and sale of e-cigarettes and heated tobacco. It punishes offenders with imprisonment of between one and three years as well as a fine. The text also forbids the consumption of products anywhere that is open to the public. The bill will now be analysed by the Chamber of Deputies' Committee.
22nd May 2024: Brazil: The Senate Committee on Economic Affairs, the Senate Committee on Social Affairs, and the Senate Committee on Transparency, Supervision and Control held a public hearing yesterday (21st May) on the bill that aims to regulate the production, import, export and marketing of e-cigarettes and heated tobacco. Senators did not reach a consensus on regulation; some opposition senators were in favour of the bill, while government senators were against it. The committees will now analyse the bill.
17th May 2024: Brazil: The Senate Committee on Economic Affairs, the Senate Committee on Social Affairs and the Senate Committee on Transparency, Supervision and Control will hold a public hearing on 21st May on the bill that aims to regulate the production, import, export and marketing of electronic cigarettes and heated tobacco. The hearing has been requested by senators from the opposition parties, and anyone can participate via the Senate Ombudsman’s Office.
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.
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: 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.
12th March 2024: Brazil: The Senate’s Economic Affairs Committee presented a favourable opinion on the bill to legalise heated tobacco and e-cigarettes. The bill includes product and retail restrictions, as well as labelling requirements. According to the committee’s opinion, market regulation is necessary to protect consumers from unsafe products and would generate new jobs and tax revenue for the state. The bill will now go to the Committee on Transparency, Governance, Supervision and Control Consumer Defence and the Committee on Social Affairs for a final decision before being sent to the Chamber of Deputies (lower house).
9th February 2024: Brazil: Today is the last day to participate in the public consultation to review the National Health Surveillance Agency (Anvisa)'s resolution 46/2009, which bans heated tobacco and e-cigarettes. The aim of the consultation is to collect contributions from interested parties to support the agency's decision-making process. The authority will now take its final decision on whether or not to maintain the existing ban.
7th December 2023: Brazil: The public consultation to review the National Health Surveillance Agency (Anvisa)'s resolution 46/2009, which bans heated tobacco and e-cigarettes, will be open from 12th December until 9th February 2024. The aim of the consultation is to collect contributions from interested parties to support the agency's decision-making process. The consultation is open to all interested parties and can be completed online via a form.
4th December 2023: Brazil: At a meeting held on Friday (1st December) the Collegiate Board of Directors unanimously approved opening a public consultation proposal to review resolution 46/2009, which bans heated tobacco and e-cigarettes. A consultation would be the last step before the proposed regulation is submitted to the Collegiate Board, which would then make the final decision on whether or not to maintain the existing ban. During his speech, the president-director of the agency, Antônio Barra Torres, suggested maintaining the ban on the products. No date has been set for the consultation.

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