Surprise! PM and BAT condemn ANVISA decision to keep e-cigarettes out of Brazil

Philip Morris and BAT both issued statements condemning ANVISA’s decision to maintain and strengthen e-cigarette regulations to keep the products (and other ENDS products) out of Brazil.

Not surprisingly, they use the same generic arguments Big Tobacco uses against almost all regulations. The reality is that, as I noted in my post congratulating ANVISA, while there is some e-cigarette use in Brazil, it is much lower than in the countries, including the US, that have tried, without much success, to regulate e-cigarettes. Indeed, if the regulations were effective, you know that the companies would not be holding them up as examples. Indeed, the tobacco companies have fought effective regulations every step of the way everywhere in the world.

And, e-cigarette risk is not that different from cigarettes, especially if you account for dual use.

Here are their statements care of Google translate::

Philip Morris:

Anvisa decision does not fight illegal market, says Philip Morris

Philip Morris Brazil understands that maintaining the ban on Electronic Smoking Devices (DEFs) is out of step with the uncontrolled growth of the illicit market, proven to be accessible to around 4 million Brazilians who use a product daily without any quality control. Certified electronic devices, such as those that use heated tobacco technology, are already sold in more than 80 countries, such as the entire European Union, Japan, South Korea, Canada, New Zealand. Results released by several health agencies around the world prove that they may pose less risk than conventional cigarettes. It is clear that the advances made in combating the use of conventional cigarettes are due to a non-prohibitive regulatory model, such as that defined and applied by Anvisa, which resulted in a substantial decrease in the number of smokers in Brazil, in addition to being a celebrated and recognized worldwide. It is worth remembering that more than 300 products containing tobacco are sold with authorization from Anvisa.

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BAT Brazil:

Manufacturer disputes Anvisa decision banning electronic cigarette

BAT Brazil (formerly Souza Cruz) challenged the decision of the National Health Surveillance Agency (Anvisa) that banned the sale of electronic cigarettes in the country.

This Friday (19/4), the agency’s directors, unanimously, maintained the ban on the sale of the product, and also on any type of advertising, manufacturing, import, distribution, storage and transportation of electronic smoking devices.

In their decision, Anvisa directors stated that electronic cigarettes are a gateway to traditional cigarettes and that they can, among other problems, cause relapse in former smokers.

For its part, the manufacturer recalls that the result of the public consultation carried out in February this year showed that the majority of Brazilian society does not agree with the ban and that Anvisa’s opinion disrespects the premise of Brazilians’ individual freedom.

Furthermore, Bat Brazil stated that the agency ignored scientific studies that prove that “alternative nicotine products are essential for reducing harm to the health of adult smokers”. And he further argued that Anvisa disregarded successful regulations in countries such as the United Kingdom, United States, Canada, Sweden, New Zealand and Japan.

Read the company’s note in full below:

BAT Brazil refutes Anvisa’s decision to maintain the ban on electronic cigarettes in the country. The result of the Public Consultation, which ended in February this year, showed that the majority of participants do not agree with the current prohibition rule. However, the opinion goes against society’s perception and the various international scientific evidence that proves that alternative nicotine products are essential for reducing damage to the health of adult smokers.

The decision does not respect the premise of individuals’ individual freedom of choice and prohibits adult smokers from having access to lower-risk regulated alternatives, exposing the population to products without any parameters. The agency also disregards the lack of control in the country, with around 3 million adult regular consumers and more than 6 million smokers who have already tried the products, an increase of around 600% in consumption since 2018 (Ipec 2023), in a 100% illegal market.

Anvisa also did not consider the successful experiences of more than 80 countries such as the United Kingdom, United States, Canada, Sweden, New Zealand, Japan, the 27 countries of the European Union, among others. Several international agencies, including the FDA, regulate products with strict standards and have a cooperation protocol with Anvisa which, unfortunately, ignores international good practices on this topic. It is worth noting that, on 04/16, the FDA issued a report reiterating that electronic cigarettes are lower risk alternatives compared to conventional cigarettes.

Brazil, which has already been a pioneer in tobacco control, ranks 58th among the 64 countries evaluated in the 2024 Global Index of Effective Tobacco Harm Reduction Policies. The smoking rate among the Brazilian population – approximately 12% – remains practically stable over the last 10 years. Countries that have already understood this reality are adopting lower-risk alternatives for the migration of adult smokers.

Finally, the current prohibition only favors organized crime that supplies the population with various smuggled, counterfeit products, without known origin or any control that prevents consumption by minors under 18 years of age. We advocate that adult smokers can have access to lower risk regulated alternatives and adequate guidance so that they can make an informed and conscious choice. The ban did not and will not resolve the situation in the country.