Newsletter ABPI – Special Edition Congress 2022 – Day 2


E-cigarettes: regulate, rather than ban

The illegal trade of 4 million unregulated electronic cigarettes was the issue debated on Panel 7 ⎯ Counterfeiting and parallel importation of unregulated consumer products, held on Tuesday, August 23. The Panel brought together the president of the Brazilian National Forum Against Piracy and Illegality, Edson Vismona, and the lawyer Letícia Queiroz de Andrade, mediated by ABPI’s Reporter General Rodrigo Ouro Preto. “It is a product without any sanitary control that is harmful to health and, rather than being banned by ANVISA (National Health and Surveillance Agency), it must be regulated to provide safety to consumers,” said Vismona.

The president of the Brazilian National Forum Against Piracy and Illegality warned that the electronic cigarette banned by ANVISA, as it is consumed in Brazil, is an open product which can be fueled with drugs and other harmful health products. Therefore, it must be regulated, just like cigarettes produced by the legally established industry. “If we had the regulation, the consumer could buy a closed product, which cannot be manipulated”, he stated.

In her presentation, Letícia cited several articles of health legislation, such as article 6 of Law 9,872/99, which establishes the role of protecting the population’s health through sanitary control for the regulatory agency. The lawyer also highlighted art. 7 of the same Law, which prohibits the manufacture, import, storage, distribution, and marketing of products and supplies in case of violation of the relevant legislation or imminent health risk. “By opting for the ban, the Agency could end up promoting the pirate industry and, in the worst of worlds, deviate from the objectives it should fulfill”.