On Monday, August 26, ANVISA (the Brazilian FDA) published in the Brazilian Federal Register the opening of two Public Consultations, #1273 and #1274, inviting society to offer contributions to the discussion of normative instruction proposals that establish new sanitary warnings and messages to be utilized in tobacco-derived products' showcases and packaging. The 45-day period for submitting contributions will start a week after publication, that is, on September 2, 2024, ending on October 16, 2024.

The proposals aim to alter solely the provisions of Normative Instructions #271/2023 and #272/2023, keeping unaltered the rules for packaging and showcasing of smoking products fixed by ANVISA's Board of Director Rule #838/2023 and #840/2023.

These consultations are a direct consequence of the 15^th Public Ordinary Reunion of ANVISA's Board of Director, held on August 22, 2024, which concluded that there is a need to alter the visual communication utilized in current anti-smoking campaigns, in order to make them more effective, following the belief that the long-term exposure of the population to the current campaigns leads to a potential loss of effectiveness.

Those opposing ANVISA's initiative claim that, before altering the current normative instructions, it is necessary to perform a regulatory impact analysis. This is because the sanitary warning revision procedure is complex and costly, and may bring negative impacts to the industry, sellers, and consumers.

The new proposed visual identity does not alter the size of the warnings printed on the packaging, but it seeks to be more appealing and impactful, adopting direct communication, strong images and colors, such as yellow, and messages referring to the products’ toxicity, such as the iconography of a skull.

The Public Consultations may lead to the alteration of the proposals; however, the already-presented texts make clear the intention to implement changes that, although limited to the visual communication of sanitary warnings, without altering the placement space, seek to amplify the perception and impacts of anti-smoking campaigns on the population.

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