THE REGULATION OF THE USE OF ELECTRONIC CIGARETTES IN BRAZIL: AN ANALYSIS BASED ON ANVISA'S RDC 855

Abstract

The popularization of electronic cigarettes in Brazil has generated intense legal and health debates, especially due to the growing adherence of young people to these devices. Even though they are prohibited by ANVISA through RDC No. 855/2024, the so-called "vapes" and "pods" continue to be widely used, challenging the current regulatory effectiveness. The absence of specific regulation on their trade and use reveals a critical gap in state control of this new form of consumption of nicotine and other psychoactive substances. The present research is based on the following problem: what are the guidelines brought by ANVISA's RDC 855 regarding the regulation of the use of electronic cigarettes in Brazil? In addition, the legislation applicable to traditional cigarettes, the grounds for the prohibition by ANVISA and the possible fiscal effects of a possible release are investigated. The general objective of the research is to analyze the regulation of the use of electronic cigarettes based on ANVISA's RDC No. 855. The methodology adopted was based on the analysis of scientific articles, specific laws, norms and resolutions of agencies such as the Ministry of Health and ANVISA itself. The approach was quantitative-qualitative, supported by the legal dialectical method, with systematic bibliographic and documentary review. Data collection was carried out through databases such as SciELO, PubMed, Web of Science, and UNA-SUS, using descriptors such as "electronic cigarette", "right to health", and "impact". The results demonstrate that electronic cigarettes are inserted in a fragile regulatory scenario, in contrast to traditional cigarettes, which are already widely regulated. ANVISA's performance is based on the precautionary principle, while legislative projects diverge between criminalization and regulation. It is concluded that facing the issue requires integrated public policies, based on scientific evidence, aimed at protecting public health, especially among Brazilian youth.