Last updated: September 17, 2019

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Banned
Analysis

The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills.

However, the resolution provides a potential avenue for the sale of e-cigarettes in the future.

Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
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Analysis

Law No. 9.294 prohibits the use of “cigarettes, cigarillos, cigars, pipes or any other kind of smoking product” in public and private shared enclosed spaces. Resolution No. 46 of 2009 describes e-cigarettes as “electronic smoking devices.” The law is interpreted as prohibiting the use of e-cigarettes where smoking is prohibited. This includes the vast majority of indoor public places, indoor workplaces, and public transport. Because use is not prohibited in all these places, the regulatory status code “Some Restrictions” is given.

Advertising and promotion (excluding point of sale product display)

Banned
Analysis

The resolution bans the advertising of e-cigarettes, including e-cigarette accessories and refills.

Point of sale product display

Not Applicable
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Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply. This would mean that point of sale product display would be subject to the following restrictions:

- The products themselves would be allowed to be displayed in display racks or cases, but no other branding or advertising would be permitted on the racks or cases.

- “The use of posters, panels, bills or any device or visual, graphic, sound, sensory or movement or lighting device, either inside the display rack or case, or placed outside, that highlights products or a specific brand” would be prohibited.

- Each display stand or sample cases would be required to display a graphic health warning and a statement that sales to minors are prohibited (to occupy 20% of the surface area visible to the public), and a table of prices.

- Display racks or cases could contain only e-cigarettes, including e-cigarette accessories and refills, and the required health warnings and price lists.

- Displays would be required to be placed “as far as possible from candy, chewing gum, sweets, chocolates, ice cream and popsicles and toys.”

Sale of e-cigarettes via the internet

Not Applicable
Analysis

The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.

However, the resolution provides a potential avenue for the sale of e-cigarettes via the internet in the future.

Flavors (other than tobacco flavor)

Not Applicable
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Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply, including banning flavors based on RDC No. 14/2012.

Specified ingredients/additives

Not Applicable
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Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply. In addition to restrictions on flavors, the law would limit ingredients which facilitate nicotine uptake and ban ingredients which create an impression of health benefits; ingredients associated with energy and vitality; and pigments, processing aids for flavors, and ameliorants.

Health warnings on product packaging

Not Applicable
Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply, and health warnings would be required on product packaging.

Other product packaging and labeling requirements

Not Applicable
Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply, and other product packaging and labeling requirements would be included on product packaging.

Maximum nicotine concentration

Not Applicable
Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply, and prescribed maximum nicotine requirements would be included on product packaging.

Device requirements

Not Applicable
Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

Manufacturer/importer disclosures and/or notification requirements

Not Applicable
Analysis

The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.

If a product were to be approved under the conditions set in Art. 2 of the resolution, the tobacco control general legal framework would apply. This would mean that the law would require manufacturers and importers to register all e-cigarettes, including e-cigarette accessories and refills, that are sold or imported in Brazil or exported from Brazil. The registration application requires the listing of the additives used in each product and the maximum quantity of each additive. Registration must be renewed each year and the renewal application likewise requests a list of all additives used and maximum quantity of each additive. This information is required for each product type within each brand family.