Mexico congress bans vapes and e-cigarettes
Mexico’s Chamber of Deputies on Tuesday approved constitutional reforms that totally prohibit the use of vapes and electronic cigarettes in the country, with penalties of up to eight years in prison for their sale.
With 324 votes in favor and 129 against, legislators — with a pro-government majority — have endorsed the ruling derived from an initiative sent by Mexican President Claudia Sheinbaum.
The ruling reforms the General Health Law “on the prohibition of electronic cigarettes, vapes and other similar systems or devices,” and establishes penalties of one to eight years in prison for their sale.
It also imposes a fine equivalent to 100 to 2,000 times the daily value of the Unit of Measurement and Update (UMA) — an economic unit in Mexico — equivalent to between 11,314 pesos and 226,280 pesos (about $621 to $12,430) for the sale of these devices.
Specifically, the reform prohibits “throughout the national territory” the acquisition, production, manufacture, transport for commercial purposes, storage, import, export, distribution, sale and supply of these devices, as well as “all acts of advertising or propaganda” for their consumption.
And it defines electronic cigarettes, vapes and other similar systems or devices as “any mechanical, electronic or any technology device or system, which is used to heat, vaporize or atomize toxic substances, with or without nicotine, other than tobacco, susceptible to be inhaled by the consumer.”
The initiative also recognizes “vaping as a threat to public health”, which will allow public policies to be implemented to “reduce dependence on its use, protect vulnerable groups, and ensure full respect for the precautionary principle in the management of health risks”, the Legislature said in a statement.
In addition to banning vapes, the reform seeks to strengthen health care in Mexico by expanding the powers of the Ministry of Health in infrastructure planning, the supply of medicines and the coordination of the National Health System.
The opposition accuses the ruling party of “opening the door” to organized crime
During the legislative discussion, opposition deputies have criticized the ruling party for “opening the door” to organized crime in the vape and electronic cigarette business. “Not regulating a product that people already consume equals more black market and more money for the drug traffickers, who now this December thanks to Morena (ruling party) will receive their bonus,” said Deputy IraÃs Reyes, of Movimiento Ciudadano.
The legislator has also called the ruling party legislators who “vape” “hypocrites.” “You vape, we have seen you, I don’t know with what face you come to put a ban when you are consumers of vapes,” he said.
Last June, organizations and specialists warned – within the framework of World Vaping Day, which is celebrated every May 31 – about the alarming growth of the “black market” of vaporizers and illegal cigarettes in Mexico, derived from prohibitive policies and lack of regulation.
Mexico has one of the strictest anti-smoking laws in the world, since as of January 2023 cigarette packets disappeared from the counters of Mexican stores. Although they can continue to be sold, they cannot be in plain sight.
The law outlaws all types of advertising and reduced public spaces where smoking is allowed to a minimum. It is banned in courtyards, terraces, bus stops, stadiums, hotels or beaches, and also in parks, although they have not yet updated the list of prohibitions. Smoking areas in bars and restaurants may not serve food or drinks.
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Credit: RTVE
