Abstract
This research aims to study the prohibition of electronic cigarettes' commerce in Brazil and to demonstrate its relevance in the realization of freedom and health, especially considering the impact of these devices worldwide. Also known as Electronic Nicotine Delivery Systems (Ends) and e-cigarettes it is a type of product designed to deliver nicotine, derived from tobacco leaf, in the form of an aerosol, some of which are also sold without nicotine.
It is necessary to analyze, using rhetoric as method, as well as the science of statistics, the conflicting principles of freedom and life involved in the citizen's right to choose and public health, to answer the question: Is a complete ban on e-cigs the correct policy from the government? The commercialization, importation and advertising of electronic cigarettes was prohibited by the Brazilian Health Regulatory Agency (ANVISA) in 2009, thus banning, at least legally, access to the devices inside the country. Despite this prohibition, the trade in vaporizers and their fluids, which contains nicotine, is easily achieved on the internet, informally. It must be noted that, even considering the benefits of vaping for chronic smokers, there is the concern of secondhand smokers and the upsurge of young people taking on vaping to consider.
The conclusion is that, although both individual freedom and health are constitutional rights, in this conflict between them, the suppression of individual freedom is needed, since health is a public concern, and it stands to reason that, even considering the lesser impact vaping has on people, compared to combustion cigarettes, there are two factors in play: First, nobody has the right to expose people to any chance of ill effects, negating the argument of reduced risks when compared to cigarettes. Secondly, there are no long-term studies to support the claims of safety in this practice. The ban, therefore, represents public health and respect regarding Human Rights.
Key messages
The conflict between individual freedom and health must prevent, in this situation, the possibility of affecting the health of new generations and nonsmokers. There are no long-term studies proving the safety of electronic cigarettes, therefore the law banning the product is a preventive act in the name of public health.