Can You Be Fined for Carrying a Vape in Brazil? Fines up to R$ 100k

While personal use of vapes is not explicitly prohibited in Brazil, carrying them for commercial purposes is illegal and can result in heavy fines ranging from R$ 5,000 to R$ 100,000. Anvisa’s resolution RDC nº 855/2024 strictly bans the manufacture, import, sale, distribution, storage, and transport of electronic smoking devices (DEFs).

Being caught with a vape in Brazil could lead to significant financial headaches, even if personal consumption remains technically legal. Authorities are cracking down on the transport of electronic smoking devices (DEFs) for commercial purposes, enforcing regulations that could see violators facing fines as high as R$ 100,000 depending on their economic capacity.

The Legal Landscape: RDC nº 855 and Lei nº 9.294

The regulatory framework is clear. According to the Collegiate Board Resolution (RDC) nº 855, issued on April 23, 2024, by Anvisa (National Health Surveillance Agency), a wide range of activities related to vapes are strictly prohibited. These include:

• Manufacturing
• Importation
• Commercialization
• Distribution
• Storage
• Transport
• Advertising

While using a vape is not illegal per se (provided it is not in enclosed collective spaces), the act of transporting these items with the intent to sell or distribute triggers severe penalties under Law nº 9.294 of 1996. The fines are substantial:

Health and Environmental Impact

Beyond the legal risks, authorities warn of the severe health consequences associated with DEFs, including pulmonary and cardiovascular diseases, nicotine dependence, and cancer risks. Furthermore, the environmental toll is significant. Improper disposal of devices and cartridges contributes to:

• Soil and water pollution from heavy metals and nicotine.
• Fire risks from lithium batteries.
• Growing electronic waste.