Home Politics America Chile Embraces Harm Reduction – A Smarter Path to Tobacco Control

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Chile Embraces Harm Reduction – A Smarter Path to Tobacco Control

A new law enacted by Chile establishes clear regulations for vaping and nicotine pouches, promoting harm reduction while balancing public health and consumer rights. This progressive approach contrasts with the prohibitionist policies of some other Latin American countries, which fail to reduce smoking rates despite global evidence supporting safer nicotine alternatives for smoking cessation.

Diane Caruana

March 16, 2025

The new measure regulates the novel products separately from combustible tobacco products, and even caps nicotine concentration at 45 mg/ml, unlike the European Union’s stricter 20 mg/ml limit.

Incorporating harm reduction into national smoking cessation strategies is known to offer numerous public health benefits. Evidence from nations like Sweden and Japan shows that integrating such strategies leads to lower smoking rates, fewer smoking-related diseases, and reduced healthcare costs. Harm reduction approaches prioritize consumer choice while protecting public health, offering effective solutions for those unable or unwilling to quit nicotine entirely, and promotes smoking cessation without forcing abstinence, hence improving health outcomes on a population-wide scale.

After years of ambiguity with regards to regulations for Electronic Nicotine Delivery Systems and Non-Nicotine Electronic Systems, Chile has enacted Law No. 21.642, recognizing the harm reduction potential of vaping and nicotine pouches. Unlike the restrictive approaches of neighbouring Argentina, Venezuela and Mexico, Chile’s legislation focuses on smart regulation rather than outright bans, balancing public health concerns with consumer rights.

The new measure regulates the novel products separately from combustible tobacco products, and even caps nicotine concentration at 45 mg/ml, unlike the European Union’s stricter 20 mg/ml limit. While restricting sales to minors, the new law allows regulated access for adults, as well as advertising, hence ensuring consumers remain informed about harm reduction alternatives.

Latin America leans towards prohibition

This regulatory framework reflects the scientific consensus that vaping is 95% safer than smoking, a fact that Argentine, Mexican and Venezuelan policymakers have yet to acknowledge and embrace. Argentina’s current vaping ban is both ineffective and contradictory. Despite a 21.7% smoking rate, Argentina’s regulators continue to prohibit vaping products while allowing other nicotine products like snus and nicotine pouches. This inconsistency reflects ideology over scientific evidence and contradicts the government’s broader commitment to deregulation and market-based solutions.

Similarly, Venezuela’s prohibitionist policies have failed to reduce smoking rates, which remain at 17%. The total ban on innovative nicotine products has not curbed cigarette use, highlighting the ineffectiveness of harsh restrictions. While last December, Mexico’s Congress shocked many THR experts, when it approved a sweeping constitutional reform to prohibit the production, distribution, and sale of e-cigarettes, including disposable vapes. The measure, which also targets the illicit use of fentanyl, reflects the country’s intensified efforts to address public health concerns surrounding vaping and synthetic drug abuse.

The Senate overwhelmingly passed the bill, which had already secured approval from the lower house. For the reform to take full effect, it must now be ratified by all 32 state legislatures in Mexico. If enacted, it will strengthen a 2020 presidential decree banning vape sales, a decision later deemed unconstitutional by the Supreme Court in 2021.

On the otherhand, last July, Brazil lifted a controversial ban on carrying vapes on domestic flights after significant backlash from consumers and tobacco harm reduction (THR) advocates. This decision followed an incident where a university professor was forced to surrender his vape by airport security, sparking outrage among vape users who felt unjustly targeted.

The ban had been implemented by Brazil’s civil aviation authority, ANAC, citing a prior regulation from the national health agency, ANVISA, which prohibited the sale and import of vapes, despite ANVISA’s assurances that personal use of vapes wasn’t illegal. The hasty implementation and lack of communication led to confusion and inconsistent enforcement at airports. Facing mounting criticism, ANAC reversed its decision three months later, allowing vapes to be carried as hand luggage on flights.

Countries endorsing THR successfully

Meanwhile other countries have successfully reduced smoking by embracing alternative nicotine products. These include Japan, where following the introduction of heated tobacco products, cigarette sales dropped by 52% and the UK where public health strategies integrating vaping have helped cut daily smoking rates from 16.4% in 2015, to 10.4% in 2023.

But of course, the most exemplary smoking cessation model has been that of Sweden – with smoking rates dropping to 5.3%, effectively achieving the globally sought after smoke-free status years ahead of EU targets. This was acheived by endorsing the use of safer nicotine alternatives – in this case mainly snus – for smoking cessation.

Striking the right balance

Chile’s enactment of Law No. 21.642 marks a progressive step toward evidence-based nicotine regulation, recognizing the harm reduction potential of vaping and nicotine pouches. In contrast, Argentina, Mexico, and Venezuela continue to enforce ineffective prohibitionist policies that fail to reduce smoking rates, despite evidence from counttries embracing safer alternatives indicating that this strategy leads to significant declines in smoking-related harm. Chile’s balanced approach—allowing adult access while protecting youth—offers a model for other Latin American nations. By adopting similar frameworks, countries can prioritize public health while respecting consumer choice and reducing the burden of smoking-related diseases.