BACKGROUND AND IMPLEMENTATION CHALLENGES: In 2012, Anvisa, the Brazilian sanitary agency, published the RDC 14, to prohibit the use of flavoured additives and ammonia in tobacco products, to prevent smoking and encourage cessation, reducing the attractiveness, palatability and toxicity of these products. The tobacco industry judicialized the public policy through lawsuits and has managed to guarantee that cigarette manufacturers are exempt from complying with the rule, which allowed the registration of more than a thousand new tobacco products with banned additives between 2012 and 2023.
INTERVENTION OR RESPONSE: Hiring large and influential law firms and legal opinions by renowned jurists, in addition to the use of fallacious arguments, such as risks to the economic sector and increase in the illegal market, are some strategies adopted by the industry.
In contrast, governmental and non-governmental organizations, with global cooperation, have carried out intense work to bring information to decision-making bodies, participating in processes to enruse that judicial decisions and opinions by the Public Prosecutor's Office are aligned with the Framework Convention for Tobacco Control, Brazilian Federal Constitution and scientific evidence, encouraging the public debate.
RESULTS AND IMPACT: As a result, all judicial decisions handed down to date and statements by the Public Prosecutor's Office have recognized the constitutionality of the public policy, such as the 2018 decision by the Federal Supreme Court. However, for reasons of quorum, the decision was not given binding effect and more than 40 lawsuits emerged. One of these cases reached the supreme court and will be judged as a precedent, which will end a 12 year debate that is encouraged by he tobacco industry.
CONCLUSIONS: The rapporteur minister, in the trial that began in 2024, presented a vote recognizing the constitutionality of the measure. Governmental and non-governmental organizations remain optimistic and take actions to ensure that the court final decision will be in accordance with the rapporteur vote.