Chile recently passed a new law regulating both e-cigarettes and nicotine pouches. The law is considered one of the most thorough in South America and marks a clear break from neighbouring countries' prohibitionist stance. Now, harm reduction advocates hope that Chile can become a model for other countries in the region, where attitudes towards vaping vary widely.
A wave of bans on e-cigarettes and related products is spreading around the world. As regularly reported in international media, more and more countries are choosing to introduce various forms of bans, while fewer talk about cigarette smoking as the biggest health problem. In Asia, banning everything from the production and sale to the distribution and use of vapour products has almost become the norm.
South American countries have so far followed suit - Venezuela, Mexico and Argentina, for example, have taken the prohibitionist line. But now Chile is stepping forward with a more balanced approach.
E-cigarettes separated from tobacco
The new Chilean law, named Law 21.642, means, among other things, that e-cigarettes and related products are clearly separated from traditional tobacco products. Although the law falls under tobacco regulation, vapour products are treated differently.
The law also introduces a nicotine limit based on scientific evidence: the maximum permitted nicotine concentration is set at 45 mg/ml - significantly higher than the current EU limit of 20 mg/ml.
In terms of prohibition, Chile only prohibits sales to minors. In addition, the law includes rules on advertising, which is allowed to a certain extent - mainly to inform consumers about alternatives to cigarettes. Manufacturers will also be required to report product content to the health authorities.
Latin America is at a crossroads
Chile's new legislation comes at a time when many Latin American countries are struggling with how to approach vaping and other alternative nicotine products. It seems that Chile has been looking more towards countries like Japan, the UK and Sweden than its own neighbours.
The initiative We Are Innovation highlights these three countries as positive examples: In Sweden, the smoking rate is down to a record low 5.3 %, while Japan has reduced cigarette sales by 52 %. In the UK, smoking rates have fallen from 16.4 to 10.4 % in just eight years - partly due to the active promotion of e-cigarettes as a public health tool.
Possible model for the rest of the region
Chile's approach shows that it is possible to reconcile consumer protection and public health with continued innovation, says Federico N. Fernández, Director of We Are Innovation. Instead of shutting down access to alternative nicotine products, Chile is choosing to regulate the market in a way that can both reduce smoking and protect youth, he continues.
