Last updated: August 20, 2024
Main Policies
Sale of e-cigarettes
The law bans the manufacture, import, sale, distribution, storage, and transportation of all electronic smoking devices, including e-cigarettes and e-cigarette components and accessories.
Use in indoor public places, workplaces, and public transport
ANVISA Resolution No. 855 of 2024 prohibits the use of any electronic smoking device, which includes e-cigarettes, in an enclosed public place under the terms of Law No. 9.294 of 1996.
Law No. 9.294 of 1996 prohibits smoking in the vast majority of indoor public places, indoor workplaces, and public transport. However, because there are a few exceptions to the smoking ban (including, establishments specifically set aside for sampling of tobacco products; places of religious worship when part of a ritual; studios for the recording of audiovisual productions, when necessary to the production; places intended for tobacco research; and healthcare institutions where patients are authorized to smoke by their physician), the regulatory status code “Some Restrictions” is given.
Advertising and promotion (excluding point of sale product display)
The resolution bans the advertising of e-cigarettes, including e-cigarette accessories and refills.
Point of sale product display
The resolution bans the sale and importation of e-cigarettes, including e-cigarette accessories and refills; therefore, this policy is not applicable.
Sale of e-cigarettes via the internet
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Flavors (other than tobacco flavor)
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Specified ingredients/additives
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Health warnings on product packaging
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Other product packaging and labeling requirements
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Maximum nicotine concentration
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Device requirements
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
Manufacturer/importer disclosures and/or notification requirements
The resolution bans the retail sale of e-cigarettes, including e-cigarette accessories and refills. Therefore, this policy is not applicable.
