Brazil and the Regulatory Vacuum of Vaping: Lessons from Chile and the Grow …

The debate over vaping regulation is heating up in Latin America. 

Chile took a crucial step by establishing rules for the commercialization of electronic cigarettes, but Brazil remains stuck in a prohibition that only strengthens the illegal market. 

The result? Millions of consumers are exposed to unnecessary risks and a growing public health and economic problem.

Chile Moves Forward, Brazil Falls Behind

On February 19, 2025, Chile published a decree officially regulating vaping. This means clear rules on product composition, packaging warnings, and restrictions for minors. With this decision, the country joins neighbors like Peru, Paraguay, and Colombia, which have already realized that banning does not solve anything.

The logic behind this regulation is simple and very effective: give adult smokers a safer alternative, reducing the harm caused by smoking. After all, more and more studies show that vaping is an effective tool for those who want to quit traditional cigarettes.

Meanwhile, Brazil, the most populous country in the continent, is heading in the entirely opposite direction.

Brazil: 16 Years of Prohibition and a Booming Illegal Market

Since 2009, Anvisa has prohibited the commercialization of electronic cigarettes in Brazil. But let’s be realistic: has anyone stopped using vapes because of this? Of course not. In practice, this prohibition has only pushed millions of consumers into the illegal market. 

Today, it is estimated that at least 3 million Brazilians regularly use electronic cigarettes, while another 6 million have tried them. However, these products come from clandestine sources without any quality control, which puts users at risk and also prevents them from accessing reliable information about what they are consuming.

While more than 80 countries have already regulated vaping, Brazil continues to pretend that the problem does not exist. Vapers are forced to rely on unregulated products, most of which are low-quality, counterfeit, and deliberately designed to attract younger generations—manipulating consumers while generating even greater profits for smugglers. 

Without any oversight or quality control, many people fall ill due to exposure to harmful substances found in these illicit products. And who suffers the consequences? Exactly—the consumer. If pro-THR activists and scientific evidence were taken seriously in Brazil, the country would be following the path of first-world nations like Sweden and even its own Latin American neighbor, Chile. The statistics are undeniable: beyond being 95% mindre skadligt än rökning, regulated and quality-controlled vaping is the most effective tool for helping smokers quit. Ignoring these facts only perpetuates the harm and strengthens the illegal market.

What Can We Learn from the United Kingdom and Sweden?

If two countries can teach valuable lessons on harm reduction, they are the United Kingdom and Sweden.

In the UK, vaping is an official part of the public health strategy to reduce smoking. The National Health Service (NHS) recommends electronic cigarettes as a tool to quit smoking. The result? Smoking rates have dropped dramatically, and vapes are sold widely, with educational campaigns ensuring that consumers know exactly what they are buying.

In Sweden, on the other hand, snus (a smokeless tobacco product) and nicotine pouches, in addition to vaping, are used by many former smokers. As a result, Sweden is on the verge of becoming the first country in the world with less than 5% of its population smoking—a milestone many call “smoke-free.” This shows that when governments take a pragmatic approach, lives are saved.

Meanwhile, in Brazil, the government continues to insist on prohibition, leaving millions of people at the mercy of the clandestine market. Other countries in Latin America are learning from the good examples I previously wrote about, but why is Brazil insisting on legislation that fails miserably? The good news is that the National Congress is already debating regulation for the sector. But time is running out, and we need a solution based on evidence, not fear or misinformation.

According to Miguel Okumura, president of THR Brasil — an association of consumers advocating for harm reduction in tobacco use—the only way forward is responsible regulation that protects public health without neglecting the rights of adult consumers. “As things stand today, the worst-case scenario has become a reality. Those who want to quit smoking with a less harmful alternative have only one option: turning to the illegal market. We’re talking about thousands of people consuming products without sanitary control, without knowing what they are actually using,” warns Okumura.

Conclusion

What happened in Chile is an essential reminder that regulating does not mean encouraging consumption — it means protecting consumer choice and health, combating the illegal market, and ensuring safer options for those who already smoke.

The United Kingdom and Sweden are showing the world that harm reduction works. It’s time for Brazil to stop pretending that prohibition solves everything and adopt a more intelligent, science-based approach. Congress has the chance to correct this historical mistake. The question remains: will we continue ignoring reality, or will we finally take the right path?

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Vaping kan rädda 200 miljoner liv. 2022 är året för att göra denna möjlighet till verklighet. Höj din röst. Gå med i vår kampanj. 

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Vaping kan rädda 200 miljoner liv och smaker spelar en nyckelroll för att hjälpa rökare att sluta. Politiker vill dock begränsa eller förbjuda smaker, vilket sätter våra ansträngningar för att stoppa rökningsrelaterade dödsfall i fara.

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