This week Brazil’s Senate Economic Committee was set to vote on a bill that would finally legalize vaping products across the country, revealed Tobacco Reporter. Currently, Brazil, the largest country in South America, bans the production, import, sale, distribution, storage, transportation, and advertising of vaping products.

The comprehensive ban was set in 2009, by Brazil’s national health surveillance agency, ANVISA (Agência Nacional de Vigilância Sanitária), on electronic cigarettes and other vaping products. The primary motivation behind the regulation was to protect public health by preventing the introduction of potentially harmful products that had not been adequately tested for safety. At the time, vapes were a relatively new phenomenon, and there was limited scientific evidence on their long-term health effects.

However, despite the strict regulations, the Brazilian vape market has continued to grow, fuelled by demand and the global rise of vaping as an alternative to traditional smoking. This has led to widespread availability of e-cigarettes through informal channels, including online sales and black market distribution, effectively undermining the ban.

The current lack of consensus is keeping things at a standstill

Consequently, there has been ongoing debate and discussion among lawmakers, health officials, and the public about the best way to regulate vaping in the country. However, the vote on the proposed legislation has been delayed multiple times due to a lack of agreement among lawmakers.

Meanwhile, as in recent years vaping has gained popularity worldwide and more research has emerged about its potential risks and benefits, there has been increased pressure on Brazilian authorities to revisit their stance on e-cigarettes. In 2023, a significant development occurred when Brazil’s Senate Economic Committee considered a bill to legalize e-cigarettes.

The proposed legislation aimed to regulate the industry by introducing safety standards and oversight mechanisms, potentially shifting the country away from its prohibitionist approach. However, the vote on this bill has been postponed once again due to a lack of consensus, reflecting the ongoing divide in public and political opinion on the issue.

How will this affect the region?

Other South American countries have similar vape regulations. Argentina also maintains a stringent regulatory environment for vaping products. In 2011, the National Administration of Drugs, Foods, and Medical Devices (ANMAT) banned the sale, importation, and distribution of e-cigarettes, citing health risks and the lack of scientific proof supporting their safety as primary reasons.

Uruguay follows a similar restrictive approach. The country banned the sale, import, and advertising of electronic cigarettes in 2009. Uruguay’s health authorities argue that e-cigarettes pose potential health risks and serve as a gateway to smoking for youth.

Similarly in 2022, Mexican President Andrés Manuel López Obrador signed a bill that banned vaping products. While in 2021, Costa Rica implemented a set of regulations that banned the use of vapes in most public areas and also imposed a tax on the devices.

These regulations reflect a broader regional trend in South America, where concerns over youth access, health impacts, and insufficient research data drive stringent vape control policies. However, the enforcement and effectiveness of these regulations remain ongoing challenges amid rising vaping popularity. Perhaps now that the tide is turning in the largest country in the continent, other countries will be open to reviewing their stance.

Proposed Bans in Argentina and Brazil

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