New Prohibition Of Vapes And Electronic Cigarettes In Mexico – Healthcare

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.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.