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Brazil's public consultation on vaping has ended. What do we know?

A public consultation on vaping in Brazil recently concluded with more than 13,000 submissions. With 2.2 million vapers now former smokers, tobacco harm experts are urging the government to Local authorities set reasonable regulations.

Brazil’s National Health Surveillance Agency (Anvisa) recently concluded a public consultation on vaping products. It received more than 13,000 submissions, sparking a major debate about potential regulation of the products. Brazil currently bans all commercial activities related to Electronic Nicotine Delivery Systems (ENDS), including their production, sale, importation, and promotion. However, the public consultation solicited input from the public, academics, businesses, and other stakeholders.

Data from the consultation shows that 92 proposals came from abroad, including Canada and the United States, both of which have established regulations on the sale of vapes. Anvisa director general Antonio Barra Torres has initiated the process of amending existing regulations. Meanwhile, congresswoman Soraya Thronicke proposed bill 5008/2022, which has sparked discussions in Congress. The bill aims to introduce restrictions such as banning the production of products with candy or dessert flavors and packaging designed to appeal to minors.

Ipec’s 2023 data indicate that 6 million adult smokers in Brazil have tried vaping , with 2.2 million becoming regular users. This has indicated the need for public consultation, which has already started social discussions about the need for regulations, the future of which is expected to be affected by this process.

What's wrong with the vape ban?

Prominent tobacco harm reduction expert and former director of the UK’s leading anti-smoking organisation, Clive Bates, was among the thousands who submitted submissions to the consultation. He said that banning safer alternatives would be a significant policy mistake, which would protect the tobacco trade, promote smoking, fuel criminal networks and lead to more harm than good. He added :

  1. Scientific Evidence: This proposal ignores the scientific consensus that vaping products are much less harmful than traditional cigarettes. Banning safer alternatives without good reason, based on current knowledge, is unjust.
  2. Public health benefits: Banning vaping hinders a significant public health opportunity, as vaping has been shown to be a substitute for smoking. In Brazil, where approximately 1 in 8 adults smoke, the potential for harm reduction is significant.
  3. Nicotine as a stress reliever: Nicotine is recognized as a legitimate stress reliever and its demand is likely to persist. Banning safer forms of nicotine delivery, such as vaping, is seen as unreasonable and unethical, especially when the need for nicotine can be met by safer, regulated products.
  4. Unintended consequences of prohibition: Historical evidence and common sense suggest that prohibition can lead to unintended consequences, including increased smoking rates, the growth of illicit trafficking and criminal networks, and the emergence of alternatives to meet demand.
  5. E-cigarette use among young people: The proposal fails to distinguish between occasional and experimental use of vaping products by young people, which poses minimal public health risks, and more intensive use by those at risk of becoming smokers, for whom vaping may be a beneficial alternative.
  6. Regulatory responsibility: The regulatory approach should include risk-commensurate regulation, applying stricter measures to the most harmful products (tobacco) and focusing on consumer protection, responsible supply, age restrictions and marketing controls for safer alternatives.

Similar scenario in Argentina

On a similar note, the Argentinian vapers association Asovape Argentina and the World Vapers Alliance (WVA) recently joined forces, writing an open letter to Argentine President Javier Milei. In the letter, they called for the repeal of administrative provision 3226/2011 of ANMAT (National Administration of Medicines, Food and Health Technologies). Issued on May 6, 2011, the measure prohibits the import, distribution, marketing, advertising and promotion of e-cigarettes.

In the letter, the groups stressed that numerous studies conducted since the ban were introduced have demonstrated significantly lower risks and effectiveness of these devices in helping smokers quit. They argued that the ban violates the personal freedom of Argentine adults and their rights to the free development of their personality, information and health.

Argentina has a smoking rate of 24.5%, one of the highest in the world, with an estimated 225,000 Argentines falling ill and nearly 60,000 dying from smoking-related illnesses each year. The signatories stressed that the ban exacerbates the smoking problem and fuels misconceptions about vaping, thus preventing millions of smokers from switching to a safer alternative.

Brazil's Public Consultation on Vapes Has Closed. What do we Know? - Vaping Post

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