Senacon, Brazil’s consumer protection agency, initiated an investigation against Carrefour because the company’s online marketplace advertised and sold e-cigarettes and accessories, including liquid solutions, in violation of ANVISA’s Resolution No. 46/2009 banning the sale, import, and advertisement of ENDS and e-cigarettes. 

Following the preliminary investigation, Senacon ordered Carrefour to remove the listings within 24 hours and to provide information regarding contractual agreements with third-party advertisers on liability for violating Brazilian law. Senacon also ordered Carrefour to outline the internal monitoring and control mechanisms which it had in place to prevent violations of health and consumer protection regulations, and also to explain why any such unlawful advertisements remained on the platform. Non-compliance carried a daily fine of 50,000 reais until Carrefour fully complied.