Como o cigarro eletrônico é regulado no ordenamento jurídico brasileiro e no de outros países: as razões que levam a um tratamento único e possíveis alternativas para a atual proibição administrativa no Brasil pela ANVISA

Abstract

The commercialization, importation, and advertisement of electronic cigarettes (EC) are prohibited by Resolution of the Board of Directors of ANVISA, while the use is regulated generically by Law 9.294/96. The present study seeks to assess whether the current regulations are consistent with the facts about ECs and the objectives of ANVISA itself. The sustained proposal is that the RDC from 2009 is not in accordance with the facts and even if it were, the regulations are not adequate to the complexities that involve the subject. The history, evolution, and functioning of the ECs will be discussed to analyze the impacts on society and on the environment, so that, after an introduction of the legal solutions from other countries, the Brazilian legislation will be discussed.