Introduction
On the occasion of World No Tobacco Day, celebrated on May 31st, Mexico has solidified its stance against vape use through constitutional reforms and the implementation of penalties for non-compliance with regulations. These actions aim to safeguard public health, particularly that of girls, boys, and adolescents, from the risks associated with e-cigarette consumption.
Who is the Mexican Health Secretariat?
The Mexican Health Secretariat (Secretaría de Salud) is the primary health authority in Mexico, responsible for overseeing public health policies and programs. It plays a crucial role in protecting the population’s well-being by addressing health concerns, including those related to tobacco and vaping.
What is Prohibited?
On January 17 of this year, the federal government published a constitutional reform in the Federal Official Gazette (DOF) that prohibits the production, distribution, commercialization, and use of e-cigarettes and vape devices across the country. This measure also covers toxic substances, chemical precursors, and unauthorized synthetic drugs like fentanyl.
The reform amends Articles 4 and 5 of the Constitution, stating that no activity related to these products will be permitted. Consequently, the prohibition acquires supremacy in Mexico’s legal order, meaning it cannot be blocked by amparo petitions or other legal resources.
What are the Fines and Penalties?
Some municipalities have already implemented specific measures; for instance, in Aguascalientes, fines for illegal vape sales can range from 1 to 40 Units of Measurement and Update (UMA), depending on the severity of the offense. Additionally, establishments violating regulations may face closure.
Penalties vary according to local legislation in each federal entity, though despite the ban, vape use has not significantly decreased, as evidenced by the 2023 Global Tobacco Survey among Adults, where the number of vape users in Mexico has doubled in recent years, rising from 975,000 in 2019 to 2.1 million in 2023.
Key Questions and Answers
- Q: What is being prohibited in Mexico regarding vape devices?
A: The production, distribution, commercialization, and use of e-cigarettes and vape devices are now prohibited in Mexico, along with related toxic substances, chemical precursors, and unauthorized synthetic drugs.
- Q: How are these new regulations enforced?
A: Municipalities have implemented specific measures, including fines and potential business closures for violations. However, despite these penalties, vape use has not significantly decreased nationwide.
- Q: Why is the constitutional reform significant?
A: The reform grants the vape prohibition supremacy in Mexico’s legal order, making it immune to legal challenges such as amparo petitions.
