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Senacon, Brazil’s consumer protection agency, initiated an investigation into Enjoei because the company’s online marketplace advertised and sold e-cigarettes and accessories, including herbal vaporizers, in violation of ANVISA’s Resolution No. 46/2009 banning the sale, import, and advertisement of ENDS and e-cigarettes.
Enjoei requested the dismissal of the preliminary investigation, claiming that these products are sold by third-party users of the platform and are blocked by existing technology.
After conducting a preliminary investigation, Senacon ordered Enjoei to remove advertisements for illegal items within 24 hours. Additionally, within 5 days, Enjoei was required to submit proof of removal, along with information regarding its contractual liability arrangements and arrangements with third-party advertisers as well as its internal monitoring and control mechanisms adopted to prevent violations of health and consumer protection regulations, and a justification regarding any potentially ongoing non-compliant advertisements. SENACON found that any failure to comply would be subject to a daily fine of 50,000 reais until full compliance is reached.