Last updated: September 17, 2019

Main Policies

Sale of heated tobacco products

Sale of heated tobacco products

Banned
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTPs.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Gavel
Expand to view related litigation
Analysis

Resolution No. 90 defines “smoking product” to include “any manufactured product, whether it is a tobacco derivative or not, that uses leaves or extracts of leaves or other parts of plants in its composition, that is intended to be smoked, chewed or inhaled.” Therefore, existing smoking restrictions are interpreted to apply to HTPs.

Law No. 9.294 prohibits the use of “any other kind of smoking product” in public and private shared enclosed spaces, which include the vast majority of indoor public places, indoor workplaces, and public transport. Because the use of “smoking products” is not prohibited in all these places, the regulatory status code “Some Restrictions” is given.

Advertising and promotion (excluding point of sale product display)

Tobacco inserts (sticks, pods): Banned
Devices: Banned
Tobacco inserts (sticks, pods): Banned
Analysis

Resolution No. 46 bans the advertising of “electronic smoking devices,” which, by definition, includes tobacco inserts.


Devices: Banned
Analysis

Resolution No. 46 bans the advertising of “electronic smoking devices,” which, by definition, includes HTP devices.

Point of sale product display

Tobacco inserts (sticks, pods): Not Applicable
Devices: Not Applicable
Tobacco inserts (sticks, pods): Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes tobacco inserts. Therefore, this policy is not applicable.


Devices: Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTP devices. Therefore, this policy is not applicable.

Sale of heated tobacco products via the internet

Tobacco inserts (sticks, pods): Not Applicable
Devices: Not Applicable
Tobacco inserts (sticks, pods): Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes tobacco inserts. Therefore, this policy is not applicable.


Devices: Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTP devices. Therefore, this policy is not applicable.

Sale of heated tobacco products via vending machines

Tobacco inserts (sticks, pods): Not Applicable
Devices: Not Applicable
Tobacco inserts (sticks, pods): Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes tobacco inserts. Therefore, this policy is not applicable.


Devices: Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTP devices. Therefore, this policy is not applicable.

Flavors

Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTPs. Therefore, this policy is not applicable.

Specified ingredients/additives

Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTPs. Therefore, this policy is not applicable.

Health warnings on product packaging

Tobacco inserts (sticks, pods): Not Applicable
Devices: Not Applicable
Tobacco inserts (sticks, pods): Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes tobacco inserts. Therefore, this policy is not applicable.


Devices: Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTP devices. Therefore, this policy is not applicable.

Other product packaging and labeling requirements

Tobacco inserts (sticks, pods): Not Applicable
Devices: Not Applicable
Tobacco inserts (sticks, pods): Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes tobacco inserts. Therefore, this policy is not applicable.


Devices: Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTP devices. Therefore, this policy is not applicable.

Manufacturer/importer disclosure and/or notification requirements

Not Applicable
Analysis

Resolution No. 46 bans the sale of “electronic smoking devices,” which, by definition, includes HTPs. Therefore, this policy is not applicable.