Hot Topic – Claim of Unconstitutionality against ANVISA is dismissed
The Brazilian Supreme Court dismissed the Claim of Unconstitutionality filed by the National Industry Confederation against a Resolution issued by the National Health Surveillance Agency (ANVISA), which bans the addition of aroma and flavor to cigarettes.
The Court discussed ANVISA’s authority to issue this Resolution. Due to the tied vote, with five votes against and five votes in favor of the declaration of unconstitutionality, the lawsuit was dismissed, but the decision does not have binding effects.
Therefore, Resolution No. 14/2012 is currently in force, but other Brazilian Courts may still decide about its applicability to a particular case.