LANGUAGE
Last updated: September 17th 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, promotion and sponsorship

Banned
Analysis

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

Health claims in advertising (modified risk claims)

Not Applicable
Analysis

The resolution bans the advertising of e-cigarettes, including e-cigarette accessories and refills; therefore, there can be no health claims in advertising. 

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

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.

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.