Current Legal Status of Electronic Cigarettes in Mexico
A comprehensive federal ban on the sale, distribution, and importation of all electronic cigarettes, vaping devices, and heated tobacco products is currently in effect in Mexico. This prohibition applies to devices containing nicotine as well as those marketed as nicotine-free.
Key Regulatory Framework
The primary legal basis for the current restrictions is a presidential decree issued on May 31, 2022. This decree explicitly prohibits the circulation and commercialization of new tobacco products, which includes all forms of electronic nicotine delivery systems (ENDS), electronic non-nicotine delivery systems (ENNDS), and similar novel devices.
- The Federal Commission for the Protection against Sanitary Risks (COFEPRIS) is the regulatory body tasked with enforcing these measures and overseeing compliance.
- This decree reinforces and expands upon previous administrative actions and amendments to the General Law for Tobacco Control, which had already placed significant restrictions on these products.
Scope of Prohibitions
The Mexican government’s stance effectively outlaws several activities related to electronic cigarettes:
- Importation: Bringing electronic cigarettes, vaping devices, e-liquids, or any related components into Mexico is illegal. This applies to individuals for personal use as well as for commercial purposes. Products are subject to confiscation at customs.
- Commercialization: The sale, distribution, exhibition, promotion, and any form of advertising of these products within Mexican territory are strictly forbidden.
- Public Use: The use of electronic cigarettes and vaporizers is also restricted in public spaces. Mirroring regulations for traditional combustible tobacco, vaping is banned in all 100% smoke-free environments, including workplaces, public transport, bars, restaurants, and beaches.
Enforcement and Implications
Violations of the ban can lead to significant consequences, including:
- Seizure and confiscation of the products.
- Substantial monetary fines for individuals or businesses involved in their sale or distribution.
- Potential administrative sanctions or closure for establishments found to be non-compliant.
Travelers and residents should be aware that attempting to import these devices, even for personal use, carries a high risk of confiscation and potential penalties. It is also not possible to legally purchase these products within Mexico.
The government’s stated rationale for these stringent measures centers on public health protection, particularly preventing youth uptake and addressing concerns about the unverified safety and efficacy of these products.
