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The injunction that allowed the tobacco industry to market cigarettes aromatics in the country was overthrown by the Attorney-General (AGU), the Federal Prosecutor's 1st Region (PRF1), on Tuesday (26). The decision at first instance granted, authorizing the sale of the product was obtained by the Union of Interstate Tobacco Industry (SindiTabaco) in December 2012.
The entity questioned the fairness of Resolution 14/2012 of ANVISA, which prohibits aromatic additives in the composition of the cigarette. The decision exempting manufacturers and tax penalties for not meeting the standard, but the National Health Surveillance Agency (ANVISA) and AGU countered the allegations of the entity.
To the Federal Attorney General, Marcelo Siqueira, "the AGU with this decision ensures the validity of the Anvisa important initiative, envisaged in Resolution being unduly questioned in court."
The PRF1 still pointed out that the aromatic additives can attract children and young people "to addiction as undesirable and harmful to health."
Federal prosecutors reasoned that the products manufactured by the affiliated union "kill thousands of Brazilians every year." The AGU and Anvisa showed that demand the entity was merely summarized the economic aspects and the possibility to continue adding additives to enhance the taste of tobacco products.
Also according to the Attorney General, the Law No. 9.782/99 instructed to Anvisa the power to regulate, control and monitor products and services involving public health, considering goods and products subject to this control and supervision cigarettes, cigarillos, cigars or other smoking product, whether or not derived from tobacco.
In the final decision, Judge Jirair Aram Meguerian stressed that common cigarette consumption already carries the risk of death and aromatic additives that extend the damage to health and the chances of product usage by new customers.
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