Platforms must remove e-cigarette advertisements within 48 hours.
Digital platforms such as YouTube, Facebook, Instagram, Mercado Livre, and other e-commerce sites have already been notified by this national council.
Daniella Almeida, reporter for Agência Brasil - Online commerce sites and social networks have 48 hours, since last Tuesday (19), to remove advertisements for the sale and content about electronic cigarettes, as electronic smoking devices (ESDs) are popularly known. These products cannot be marketed and Brazilian legislation prohibits advertising of this type of product.
The removal of illegal content was ordered by the National Consumer Secretariat (Senacon) of the Ministry of Justice and Public Security (MJSP), through the National Council to Combat Piracy and Crimes against Intellectual Property (CNCP).
The digital platforms YouTube, Facebook, Instagram, Mercado Livre, and other e-commerce sites have already been notified by this national council.
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The notified companies must submit a report detailing the actions taken within ten business days. This document must document removals, account blocks, moderation metrics, and new controls.
The CNCP also requested formal clarification from YouTube regarding the claim that videos promoting or instructing on the purchase of electronic smoking devices could remain published for viewers over 18 years of age.
In a statement, the Ministry of Justice explained that the declared age "does not legalize a prohibited product or allow its advertising to consumers" in Brazil.
In case of non-compliance, appropriate administrative measures may be taken and referrals made to the competent authorities.
Federal monitoring
This is not the first time the department has tried to curb the illegal trade and new irregular publications of these products in the digital environment.
In April, the Brazilian Ministry of Justice and Public Security (MJSP) notified YouTube, Instagram, TikTok, Enjoei, and Mercado Livre to remove, within 48 hours, content promoting and selling electronic cigarettes, reinforcing moderation and prevention measures, among other actions to curb illicit practices that endanger the population that consumes electronic smoking devices (ESDs), also called vapes, pods, e-cigarettes, e-ciggy, e-pipes, e-cigarettes, and heat not burn (heated tobacco).
In a statement, the head of Senacon, Wadih Damous, said that the federal government is committed to ensuring that Brazilian legislation is complied with in the online environment.
"We are acting continuously and firmly to curb the sale and distribution of products that are prohibited in Brazil."
Prohibitive measures
Senacon reiterates that the National Health Surveillance Agency (Anvisa) maintained the ban, in April of last year, on the manufacture, import, sale, distribution, storage, transport and advertising of all electronic smoking devices in Brazil.
The resolution from the Board of Directors of the regulatory agency also reinforces the prohibition of its use in enclosed collective spaces, whether public or private.
Learn more about electronic cigarettes and details about the measures adopted in Brazil since 2009 on the Anvisa website.
