ARTICLE
7 June 2022

New Prohibition Of Vapes And Electronic Cigarettes In Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
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.
Mexico Food, Drugs, Healthcare, Life Sciences

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.

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