Ecigs effectively banned in Chile, what to do?

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Jerethustra

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Feb 21, 2011
67
12
Santiago, Chile
I've been thinking about starting an ecig company in Chile, where I live, but I wanted to make sure I knew what the laws were. Unfortunately I found out that Ecigs have been effectively banned in Chile since 2010. That is, e juice can't be sold containing nicotine. There is a law that states that since e juice is pretty much exactly the same as prescription cigarette cessation products (gum, etc) in that they both contain nicotine, it must be treated like a prescription drug.

There are three ecig stores in Chile and they all sell variations of blucig crappy ecigs. They all claim that their cartridges don't contain any nicotine. Wonderful. A crappy pv with e juice that doesn't work.

I have friends who use ecigs and order the products from overseas like I do. I actually usually buy tons of e juice when I go back to visit the states. It's the only way to do it, although I imagine that it's technically illegal.

What can I do? I would like to change the law but I don't know where to start in a way that can actually make a difference. I've thought of many things including taking to doctors about ecigs and getting them on my side.

As a follow up question, do any of you think that pharmaceutical companies would be interested in making e juice and selling it though a prescription?
 

sppowers

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Nov 12, 2011
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Boston
As of right now, at least to my knowledge, there is no country out there that legally treats vaping as a true smoking cessation technique. E-cigs are looked at legally as an "alternative" to smoking; this is due to the fact that there is no study that shows for certain that vapor is not as bad as smoking. Getting a prescription in your country may be possible, but I know for sure it is not here in the states. I am not saying I agree with this in the slightest and am completely on the side of vaping being a smoking cessation technique, but many people who are clueless will not be so easy to convince.

Bringing E-liquid from the states may not ,legally, be an issue; if sales are banned this means that sales, it does not necessarily mean that owning the liquid is against the law, something to look into for sure. If you would like to start making a change, get the word out to your community through the internet or even flyers, there are sure to be some people who vape or are interested at the very least. Power in numbers my friend, power in numbers.
 

Jerethustra

Full Member
Feb 21, 2011
67
12
Santiago, Chile
Here's a link to read the actual law:

http://www.leychile.cl/Navegar?idNorma=1018562&buscar=electrónico+nicotina

In the article it states:

Los productos mencionados deberán someterse a la regulación propia de los productos farmacéuticos, debiendo presentar los antecedentes que se requieren para obtener el correspondiente registro sanitario, de conformidad a lo señalado en el decreto supremo Nº 1876/1995 del Ministerio de Salud.

Roughly translated it means that e cigarettes should be subject to regulation by the same way pharmaceutical products are regulated.

I also found this article:

La Tercera Edición Impresa

It states that e cigs can't be sold.

And yet another article, for those who understand Spanish.

EyN: Los millonarios negocios que desaparecen o se verían afectados por la nueva Ley del Tabaco
 

phalaeo

Senior Member
Jan 14, 2013
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Pittsburgh, PA
You'll have to do more research on it, but I can tell you what I understand about US law. Last I travelled, I was told that you can bring back enough of something for personal use, but if you bring back "enough to sell", that's not cool. Example- I grew up 20 minutes from the Canadian border. Paracetamol with Codeine is only available in the US via prescription, but it's available without prescription in Canada. At the time, I could bring back "a reasonable amount for personal use". As it was never clear to me what that amount was, I only brought back one bottle. I did declare it, and I was able to travel to Canada to purchase more as needed, which I've done numerous times. One problem is that you can only do that if you bring it back on your person, meaning you have to travel to the country yourself. A pharmacy in Canada cannot mail me that same bottle that I was allowed to bring back in my bag. To further complicate things, most countries have a currency amount where anything above a certain combined value must be declared for tax purposes. It's what Americans call "Duty-Free", but I'm unsure if that's what it is known as elsewhere.

In short.... I don't know the answer, lol. But I hope this has given you some ideas on what questions to ask and what keywords to use. Good luck.
 
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