BACKGROUND AND IMPLEMENTATION CHALLENGES: Since 2009, the National Health Surveillance Agency (Anvisa) has prohibited the sale of Electronic Smoking Devices (ESDs) in Brazil, and the 2024 regulation covers the manufacture, transportation, distribution, storage, advertising and import of these devices, too. The tobacco industry has been working to change the regulation and legalize the sale of ESDs. In addition to the lobby in Anvisa, they are lobbying the National Congress to approve bills of its interests.
INTERVENTION OR RESPONSE: Brazil has an Access to Information Act (AIA), and through the documents obtained using it, it is possible to analyze the tobacco industry's presence in official agendas related to ESDs in the Executive Power, exposing potential influence or conflicts of interest.
RESULTS AND IMPACT: We used this instrument for monitoring. Between October 2023 and October 2024, 27 meetings were identified and attended by at least one lobbyist or company that advocates in favor of ESDs on the agendas of the government representatives. After holding ten meetings with the tobacco sector, the Secretary of the Federal Revenue defended the sale of electronic cigarettes in a meeting with Anvisa. Through the AIA we obtained the subject of those meetings.
CONCLUSIONS: Article 5.3 of the Framework Convention on Tobacco Control establishes that public health policies for tobacco control must be protected from the commercial interests and other interests of the tobacco industry. The guidelines recommend that any interaction with the tobacco industry must be conducted with transparency. Along with other strategies, AIA is an important instrument for monitoring the tobacco industry. The information supports advocacy initiatives, news publication and actions aiming to increase control and transparency measures from the government. Approving and using instruments such as the AIA can help countries to improve social control and prevent attempts of undue interference in public health policies.