New prohibition of vapes and electronic cigarettes in Mexico.

June 2, 2022

The Federal Commission for the Protection Against Sanitary Risks (Cofepris) recently issued a maximum alert against the consumption of electronic cigarettes, considering them harmful to health, especially those containing chemicals such as vitamin E acetate.

Also, on May 31, “World Tobacco Day,” the president of Mexico issued a decree regarding vapes and electronic cigarettes use in the country, which came into effect immediately. The decree orders the following:

• The circulation and commercialization within the Republic, whatever their origin, of Electronic Nicotine Administration Systems, Similar Systems without Nicotine, Alternative Nicotine Consumption Systems, electronic cigarettes, and vaporizing devices with similar uses, as well as the solutions and mixtures used in said systems is prohibited.
• Whoever fails to comply with what is stated in the first article will be subject to the sanctions indicated in the applicable legal provisions.

This decree has caused great controversy because it contains an absolute prohibition on commercializing this type of product, which is incompatible with the right to equality, freedom of trade, and free personality development, among other rights. Likewise, it seems to go against the declaration of unconstitutionality of article 16, section VI of the General Law for Tobacco Control supported by the Supreme Court of Justice last year.

Undoubtedly, this decree will have a commercial impact, the consequences of which may be fines, seizures, closures, and other restrictions on the commercialization of these products in general.

At OLIVARES, we are following up on the impact of these consequences, as well as their implementation by the authorities of the Ministry of Economy and Health, to inform and advise our clients on the constitutional actions that are available.