E-cigarettes in Mexico

Global business and regulatory news and updates from the vape industry

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Daily regulatory tracking of the e-cigarette sector. It includes weekly podcasts and monthly compilations

12th December 2024: Mexico: Yesterday (11th December), the Senate passed an amendment to the constitution that expressly bans the manufacture, distribution and sale of vaping products and heating devices, press reports. This bill, which also includes a ban on fentanyl, was passed unanimously at the general vote, with opposition from just the centre-left Movimiento Ciudadano (Citizens’ Movement). At the specific vote, it was passed by 86 votes in favour and 39 against. The parties that voted against, which claim that these products should be regulated but not banned, were again Movimiento Ciudadano, the centrist PRI (Institutional Revolutionary Party) and the conservative PAN (National Action Party). This occurred one week after the amendment was passed by the Chamber of Representatives (lower house). The import and sale of vaping products and heating devices were already banned through a decree introduced by former president Andrés Manuel López Obrador in May 2022. However, some companies that appealed at court were given permission to sell them, as the ban was considered unconstitutional. With this amendment, the government aims to prevent any of these companies from selling vaping products.
5th December 2024: Mexico: The Chamber of Representatives has passed an amendment to the constitution that expressly bans the manufacture, distribution and sale of vaping products and heating devices. The import and sale of these products were already banned through a decree introduced by former president Andrés Manuel López Obrador in May 2022. However, some companies that appealed at court were given permission to sell them, as the ban was considered unconstitutional. With this amendment, the government aims to prevent any of these companies from selling vaping products.
7th November 2024: Mexico: Philip Morris International (PMI) has been granted judicial protection by the Supreme Court to import its vaping and heated tobacco products into the country. In 2022, the government prohibited the importation of e-cigarettes and heated tobacco through a presidential decree. However, the prohibition has been repeatedly declared unconstitutional by the courts, and companies – such as PMI – who appeal the decree are being granted permission to sell their products in the country.
23rd October 2024: Mexico: President Claudia Sheinbaum has announced that the government is continuing work on constitutional amendments to completely ban the manufacture, distribution and sale of vaping products that could be passed before the end of the year, press reports. As previously reported, the Constitutional Affairs Commission of the Chamber of Representatives already accepted the constitutional amendments in August. The sale of vaping products was already banned through a decree introduced by the president in May 2022. However, some companies who appealed before the courts were given permission to sell them, as the ban was considered unconstitutional. With the amendments, the government aims to prevent any of these companies from selling vaping products.
14th August 2024: Mexico: The Constitutional Affairs Commission of the Chamber of Representatives has passed a constitutional amendment to ban the manufacture, distribution and sale of vaping products, press reports. The sale of these products was already banned through a decree introduced by the president in May 2022. However, some companies who appealed at court were given permission to sell them, as the ban was considered unconstitutional. With this amendment, the government aims to prevent any of these companies from selling vaping products.
3rd June 2024: Mexico: Presidential elections took place yesterday (2nd June), resulting in Claudia Sheinbaum obtaining the majority of votes, press reports. Sheinbaum belongs to Morena, the party of the exiting president, Andrés Manuel López Obrador. This means there are unlikely to be any changes to the regulatory framework for novel tobacco and nicotine-containing products during her presidential term and that the government will likely maintain its restrictive approach towards such products, reflected in the current ban on their sale. In fact, earlier in March, Sheinbaum said she would ban vaping products.
29th January 2024: Mexico: President Andrés Manuel López Obrador has announced that he is planning to introduce a bill prohibiting vaping products again, press reports. In recent years, he has approved several decrees banning either the import or sale of these products, while the Supreme Court has declared the ban unconstitutional and has granted companies that appealed against the decrees permission to sell them. He also said he is considering other possible measures, such as imposing health warning requirements to discourage their consumption.
13th December 2023: Mexico: President Andrés López Obrador has said that he will introduce a legislative proposal to ban vaping products by the end of the year, press reports. This comes after the November 2023 Supreme Court ruling in favour of a company that appealed in front of the court, declaring that the decree of 31st May 2022 prohibiting the commercialisation of vaping products was unconstitutional and granting the company the right to sell such products on its premises. Due to the decision not having been supported by enough Supreme Court judges, it could not set a precedent and so the prohibition will still be applied generally, just with an exception for the company that appealed. In order to avoid these exceptions, López Obrador intends to introduce a bill so that the prohibition is imposed through an act and not a decree, meaning its enforcement is harder to avoid.
16th January 2023: Mexico: The amendment to the regulation of the General Tobacco Control Act entered into force yesterday, 15th January. The regulation prohibits vaping in all public and crowded places, such as beaches, streets or parks. It does, however, establish the possibility of creating smoking and vaping areas.
13th January 2023: Mexico: Senator Ernesto Pérez Astorga, from the ruling Morena party, has proposed regulating e-cigarettes in order to ban their sale to under-18s, press reports. This comes after several regulations introduced by the president, which would have completely banned the sale of these products, were deemed unconstitutional. The Senate representative also announced that a display ban will enter into force on 15th January.
13th July 2022: Mexico: The Federal Commission for Protection Against Public Health Risks (Cofepris) has closed down more than 179 shops and vending machines and seized almost 65,000 e-cigarettes since January 2021, press reports. The Cofepris action comes after e-cig sales were banned by the government, an order that has been contested in court multiple times.
17th June 2022: Mexico: The company Tabacos Desvenados has filed an appeal trial (amparo) against the presidential decree that prohibits the sale of electronic cigarettes and heated tobacco products in the country, press reports. One of the administrative courts in Mexico City has allowed the processing of the appeal. The court has set the constitutional hearing for 22nd July, when it will decide whether or not to grant the “amparo”.

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