E-cigarettes in South America

Brazil: Stefania Piras, general manager of tobacco products inspection for the National Public Health Surveillance Agency (Anvisa), has defended the national ban on e-cigarettes and said use in the country is still low, press reports. The Anvisa board voted unanimously in July to maintain the existing ban on e-cigarettes and heated tobacco. The agency is still discussing whether a new draft regulation will go out to public consultation.

Brazil: The Ministry of Justice has ordered 31 companies to stop selling e-cigarettes within 48 hours or face a daily fine of BRL5,000 ($960). Although the National Public Health Surveillance Agency (Anvisa) has already banned e-cigs, the ministry has seen evidence of them being sold with the appearance of legality.

Americas: The Pan American Health Organisation (PAHO), which serves as regional office for the World Health Organization (WHO), has published a 148-page Report on Tobacco Control for the Region of the Americas 2022. The report considers the increasing availability of e-cigarettes as a challenge that impedes the progress of tobacco control. It says: “Terms such as reduced harm or reduced risk tend to confuse people and provide a false sense of security in circumstances where there is no scientific evidence to demonstrate that the consumption of so-called reduced-harm products is safe for health.” And it adds: “The main objective of the marketing strategies for these products is ultimately to attract new users while being able to satiate current tobacco users who wish to quit.”

Paraguay: The one-year period for companies to adapt to the requirements set out in Decision 153/2021 ended on 11th August. From now on, manufacturers and importers of e-cigarette products must comply with the notification requirements it lays down, and e-liquids exceeding the 20 mg/ml nicotine limit will not be allowed in the Paraguayan market.

Chile: Bill 12694-11 to establish a comprehensive regulatory framework for vaping products, with and without nicotine, has recently been on the agenda of the Chamber of Deputies Health Committee, having been in the legislative process since June 2019. Though scheduled debates on 2nd, 9th and 16th August failed to take place, the mere fact of the bill’s first appearance on the agenda may suggest a willingness to start pushing it forward. One of the signatories to the bill, Gabriel Boric, became Chile’s president in March.

Colombia: Julián Peinado of the Colombian Liberal Party will next week introduce in the Chamber of Representatives a bill to regulate e-cigarettes, equating them with tobacco products, press reports. If approved, the bill will ban sales to minors and introduce packaging and labelling restrictions, including a mandatory health warning, and ban sponsorship of sporting and cultural events. The Colombian Liberal Party is currently the largest party in the Chamber of Representatives, with 32 seats out of 188.

Colombia: The incoming government is planning to impose excise duty on e-liquids. President-elect Gustavo Petro and the National Federation of Departments (FND) have signed a document defining the working agenda for the next months, in which duty on e-liquids is labelled as a priority. No details of the rate or model to be imposed have been disclosed.

Uruguay: The Ministry of Education and Culture has approved the setting-up of the Association of Vapers of Uruguay (Asovape), which seeks to reduce smoking and regulate the consumption of e-cigarettes, press reports. The ministry said the association would “promote through education...the ways of reducing the harm associated with smoking”. The sale of e-cigarettes has been banned in Uruguay since 2009.