Randolfe presents a project that punishes the sale of electronic cigarettes

The senator Randolfe Rodrigues (no party-AP) presented a bill (PL 6,161/2023) which makes it a crime to sell or supply an electronic smoking device, such as an electronic cigarette or similar equipment, to minors under 18 years of age.

The measure includes in the Child and Adolescent Statute a prison sentence of 2 to 6 years, in addition to the payment of a fine that can vary from R$56,800 to R$94,600 in 2024. The penalty may increase in the following circumstances:

• the seized product is the result of international drug trafficking;
• the crime was committed by the minor's father or guardian and by an agent taking advantage of a public function or carrying out an educational mission;
• the infraction occurs in places such as prisons, schools and hospitals;
• the crime is committed with violence, serious threat, use of a firearm or any form of intimidation;
• the accused finances or pays for the commission of the crime.

The assets and valuables used in the commission of the crime will be seized and sent to the Fund for the Rights of Children and Adolescents of the State where the crime occurred.

It will be up to the Ministry of Health to establish, within 120 days after the publication of the law, an interministerial and interfederative working group to analyze, improve and propose governmental and administrative measures aimed at monitoring the supply of electronic smoking devices.

Electronic cigarette

The sale of electronic cigarettes has been banned since 2009 by Anvisa (National Health Surveillance Agency). Even so, according to data from Ipec (Institute Intelligence in Research and Strategic Consulting), Brazil has 2.2 million users of DEFs (Electronic Smoking Devices).

Consumption is higher among young people, according to research carried out in 2022 by UFPel (Federal University of Pelotas), in Rio Grande do Sul. The study showed that one in every 4 people aged 18 to 24 (23.9%) You have already used the device at least once in your life.

Randolfe stated that, although DEFs are prohibited by Anvisa, there are “remarkable facility” for its commercialization in the country. The ineffectiveness of Anvisa's rule, according to the senator, gives rise to “harmful consequences for Brazilian public health”especially children and adolescents.

“With such measures, we understand that Brazil is once again positioning itself on the global stage as one of the pioneering countries in the fight against smoking, also extending this stance to new technologies, in order to efficiently curb the sale of electronic cigarettes to children and adolescents. ”he stated.

With information from Senate Agency.