Brazil Supreme Court Upholds Anvisa Norm That Prohibits Flavored Cigarettes

02/02/2018 - 12h43

Brazil's Supreme Court (STF) upheld a norm stipulated by the National Sanitary Surveillance Agency (Anvisa) prohibiting flavored cigarettes from being sold throughout the country, on Thursday (the 1st).

However, the court's ruling was not a binding decision, meaning the tobacco industry can still go to court to obtain an injunction that would allow it to sell such products.

In practical terms, the Supreme Court did not arrive at a final decision on the matter.

When it came to the Anvisa norm, the Supreme Court arrived at a 5 to 5 vote due to the fact that one Supreme Court justice did not participate in the trial.

The measure was arrived at five years after Anvisa tried to prohibit the tobacco industry from putting so-called additives in cigarettes.

Justice Rosa Weber, who was in charge of the case, argued that the Anvisa norm prohibiting the use of additives was constitutional.

In light of the fact that cigarettes represent public health risks, such products should be subjected to special regulations, Justice Weber argued.

Justices Edson Fachin, Ricardo Lewandowski, Celso de Mello and Carmen Lúcio all followed Justice Weber in her assessment.

However, the court's five other justices found the Anvisa norm to be unconstitutional.

Justice Luís Roberto Barroso recused himself and therefore did not participate in the trial.

Translated by THOMAS MATHEWSON

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