For 13 years, the sale of e-cigarettes or vaping pens has been prohibited in Brazil. In 2009, Brazil’s equivalent of the US Food and Drug Administration (known as ANVISA) banned the sale, importation, and advertising of e-cigarettes (RDC Nº 46). But since 2019, the issue has been under reconsideration.

That is, until this year. After much debate within the medical community, ANVISA decided in July to maintain the ban citing health concerns to kids. And now, the government is going one step further - imposing fines on companies that don’t comply with the law. This includes not only physical stores but online retailers as well.

According to Brazil’s Ministry of Justice, 32 companies have been selling vaping devices despite the law that makes it illegal. So now, either they stop selling or they’ll face daily fines of BRL$5,000. That’s approximately US$1,000 per day that they break the law.

Vaping is controversial not only in Brazil but also in the US primarily because of the increase in use by youth. A recent poll found that one in every five children between the ages of 18 and 24 use e-cigarettes in Brazil. It’s hard to imagine how such a large population can use something that’s been banned from sale for so many years.

The real question is whether the government truly has the means to enforce the law and whether the profit to companies outweighs the potential penalties. There’s no doubt that the black market of e-cigarettes is thriving in Brazil.