Most of our coverage has focused on how to comply with a given market's rules. This one covers the opposite situation — a cluster of Latin American countries where vaping is illegal across the entire chain, from import to retail to advertising, with no compliant version of the product available at all. Understanding where these markets stand helps avoid sinking resources into a direction that simply isn't viable.
Brazil: a 16-year-old ban, upheld again in 2026
Brazil's vaping ban dates back to 2009, when ANVISA (the national health regulatory agency) issued Resolution No. 46, banning the sale, advertising, distribution, and import of vaping devices — covering both nicotine and nicotine-free products. In 2024, ANVISA reaffirmed the ban through Resolution No. 855, adding stronger border enforcement. In April 2026, ANVISA's board voted unanimously — again — to uphold the ban. In other words, this isn't an outdated rule that's gone unenforced; it's a policy that continues to be actively reaffirmed and strengthened.
Worth noting: in 2026, ANVISA took the unusual step of opening a public consultation (Targeted Consultation No. 6), where researchers and clinicians from multiple countries jointly submitted arguments that banning vaping outright while cigarettes remain freely sold is a policy contradiction worth reconsidering. That consultation window closed at the end of June 2026, and it's not yet clear whether it will lead to any substantive policy shift — but it's the first time in years Brazil's regulator has systematically sought outside input, and worth watching.
Not just Brazil: a broader regional pattern
Beyond Brazil, the following countries currently maintain a full ban on vaping sales:
- Argentina, Uruguay, Suriname, Venezuela: sales, imports, and distribution prohibited
- Colombia, Chile: officially classify vapes as prohibited goods, though enforcement consistency varies
A ban doesn't mean the market doesn't exist
Worth being clear about: a legal ban doesn't mean these products aren't circulating — Brazil's own official data shows that despite 16 years of prohibition, black-market channels remain active, with smuggled products relatively easy to find in major cities. Usage among 18-24-year-olds (10.1%) is notably higher than the general adult rate (2.4%) — a pattern that's part of the backdrop to Brazil's 2026 reconsideration.
But an active black market doesn't mean a viable compliant channel exists — for a legitimate wholesale/distribution operation, participating in that grey market carries legal risk that directly conflicts with Brazil's steadily increasing border enforcement. These markets shouldn't be treated as "actually workable" targets.
Practical guidance for channel planning
- Brazil, Argentina, Uruguay, Suriname, and Venezuela should currently be excluded from legitimate channel planning outright — this isn't a high-compliance-cost situation, there's simply no legal pathway to operate through
- Colombia and Chile — markets with an official ban but inconsistent enforcement — carry meaningfully higher risk and uncertainty and aren't recommended as primary targets
- Brazil's 2026 consultation is worth watching; if the policy direction shifts substantively, it would be a meaningful signal for the regulatory environment across the wider region, and we'll follow up if that happens
(General information only, not legal advice — consult a lawyer familiar with local compliance requirements before making business decisions.)