Vaping Laws in Mexico

Mexico’s vaping laws are complicated and have changed dramatically over past years. Regarding the sale, distribution, and use of e-cigarettes and vaping products, the nation has put tight rules in place. Right now, the General Law on Tobacco Control—which forbids several activities connected to products containing nicotine—mostly shapes the legal environment.

Introduction to Vaping Regulations in Mexico

With an estimated 1 million regular users in 2017, vaping has been a common pastime in Mexico for years. But even with its popularity, the commercialization of vaping devices has always been technically illegal in the nation. Absence of control has resulted in an uncontrolled market with accompanying difficulties.

A positive indication for vapers that the government would at last create a regulated vaping market, the Supreme Court of Mexico decided in 2015 that the ban of vapes is unconstitutional. Unfortunately, non-regulation still rules and the Mexican vaping business is still uncontrolled.

For vapers in Mexico, the absence of laws has both advantages and drawbacks. Vapers do, on one hand, have access to a large array of devices, flavors, and products. Conversely, the absence of control implies no guarantees about quality or safety of products. Vapers run the danger of using inferior or even dangerous vaping products as a result.

The Mexican government understands that rules are necessary to guarantee consumer health and safety regarding vaping products. Draft rules for vaping products published by the government in 2020 would set minimum quality and safety criteria for e-liquids and devices. The rules would also demand that producers get licenses and send goods for certification and testing.

The vaping sector, which contends that the rules would stifle innovation and harm small businesses, has fiercely opposed the proposed rules, though. Mexico’s ongoing debate over smoking rules is still developing, and it is yet to be seen how the matter will be settled.

Mexico’s president will forward an anti-vape legislation. After the supreme court rejected his earlier attempt to forbid their sale, Mexican President Andres Manuel Lopez Obrador said on Monday that he intends to present a legislation prohibiting e-cigarettes and vapes before he leaves office in 2024.

Vapers in Mexico have to negotiate the uncontrolled market carefully in the meantime, being aware of the possible dangers connected with using untested and illegal vaping products. Vapers should educate themselves about the possible risks and advantages of vaping and only buy goods from reliable producers and stores.

For vapers, the absence of control in the Mexico vaping market offers both possibilities and problems overall. Although the unbridled market gives consumers access to a great variety of flavors and products, it also exposes them. Vapers should remain informed and support laws that give safety and quality top priority as the argument over vaping rules in Mexico is still under progress.

The Federal Commission for the Protection Against Sanitary Risks (Cofepris) issued a warning about the health risks associated with electronic cigarettes, particularly those containing vitamin E acetate. And then on May 31 / 2022, World No Smoking Day, the World Health Organization (WHO) awarded President Andrés Manuel López Obrador (AMLO) a prize, which was followed by his enactment of a decree on electronic nicotine delivery systems (ENDS) the next day.

The decree includes the following orders:

Prohibiting the importation of electronic cigarettes, vaporizers, and any device that heats or delivers nicotine or other substances through inhalation.
Banning the use of electronic cigarettes and vaporizers in all enclosed spaces, including public transport, offices, and restaurants.
Prohibiting the sale, distribution, and promotion of electronic cigarettes and vaporizers.
Implementing a national information and awareness campaign on the risks associated with electronic cigarettes and vaporizers.

This was AMLO’s fifth relevant decree since he became president in 2018, and it was viewed as another attempt to push his prohibitionist agenda without proper regulation. Although some media outlets framed the decree as a total ban on e-cigarette sales, it was better understood as part of a larger effort to pressure the Mexican government into prohibition rather than regulation.

The decree aims to protect public health by regulating the use and sale of electronic cigarettes and vaporizers. However, the vaping community in Mexico has criticized the decree, arguing that it will lead to a black market for these products and increase the use of unregulated devices. The ban on the importation of electronic cigarettes and vaporizers has also raised concerns among consumers who rely on these devices as a smoking cessation aid.

Despite the criticism, the Mexican government has defended its decision, stating that the health risks associated with electronic cigarettes and vaporizers are well-documented and that the ban is necessary to protect public health. The government has also announced plans to work with the vaping industry to develop a regulatory framework that balances the needs of consumers with public health concerns.

Also Read:
Mexico Advances Reform to Ban Vape Production

Age Restrictions

The legal age for purchasing and using vaping products in Mexico is 18 years old. Any store that sells e-cigarettes to minors can face fines or even closure.

Vaping in Public Spaces

Mexico has banned the use of e-cigarettes in all enclosed public spaces, including bars, restaurants, and workplaces. This means that vapers must step outside to use their devices.

These are the places where you can’t smoke / vape:

Event rooms.
Rooms and areas with access to the general public or common use of hotels and other lodging sites.
Patios, terraces and balconies from anywhere with public access.
Amusement parks.
Playgrounds or places where children and adolescents stay or congregate.
Urban development parks.
Sports.
Beaches.
Entertainment and entertainment centers.
Courts, stadiums and arenas.
Shopping spaces.
Markets.
Hotels.
Hospitals, health centers and medical clinics.
Places of religious worship.
Places of consumption or service of food or drinks.
Transport stops.
Public transport.
Schools
Workplaces.
Government offices.
Public areas of prisons and detention centers.

Smoking areas can be established but under the following regulations:

Be physically separated and incommunicado from spaces 100% smoke-free and not be a must for people.
They must be located 10 meters away from the entrances, accesses and exits of the buildings and the air intake ducts.
Smoking areas should not occupy more than 10% of the total area of the establishment.
They will have the signage that prohibits the entry of minors and graphic health warnings about the health effects and damage of exposure to tobacco smoke.

Advertising Restrictions

Mexico prohibits the advertising and promotion of vaping products through any media, including television, radio, and online platforms. Manufacturers and distributors can face hefty fines for violating this law.

Manufacturing and Sale of Vaping Products

Mexico has strict regulations on the manufacturing and sale of vaping products. Vaping devices and e-liquids must comply with the standards set by the Federal Commission for Protection against Sanitary Risks (COFEPRIS) before they can be sold in the country.

If companies are looking to enter the Mexican market for vaping products, it may be worthwhile to consider local manufacturing as the regulatory landscape evolves. With the recent ruling that the prohibition of vapes is unconstitutional, individuals or their legal representatives can compel COFEPRIS to respond to applications or justify rejections through the use of amparo actions. These actions would involve a request to federal courts to allow individual activities while awaiting a ruling. Several arguments can be made in favor of such actions, and it is worth noting that all amparos filed in this area to date have been resolved in favor of the plaintiff.

Importing Vaping Products

Mexico allows the importation of vaping products for personal use. However, there are restrictions on the quantity of e-cigarettes and e-liquids that can be brought into the country. The importation of e-cigarettes for commercial purposes is prohibited.

Penalties for Violating Vaping Laws in Mexico

The penalties for violating vaping laws in Mexico can be severe. Individuals caught using e-cigarettes in enclosed public spaces can face fines of up to $300 USD. Stores caught selling vaping products to minors can be fined up to $2,000 USD or even closed down. Manufacturers and distributors who violate advertising restrictions can be fined up to $8,000 USD.

Conclusion

The vaping industry in Mexico is still in its infancy, and the recent ban on electronic cigarettes and vaporizers has created uncertainty for both consumers and businesses. However, the Mexican government’s decision to prioritize public health over the interests of the vaping industry is in line with the global trend towards greater regulation of these products. As the debate over the health risks and benefits of vaping continues, it remains to be seen how the vaping industry will evolve in Mexico and around the world.

FAQs

1: Can I bring my vaping device to Mexico?

A person posted their personal account on Quora on January 22, 2023, about traveling to Mexico with a vape pen.

I just flew into Mexico from Orlando I landed at Cancun International Airport and had an electronic cigarette (vape) in my carry on bag. Everyone told me they were not allowed in the country, flight attendants said if found by customs I would face a 3,000$ fine and wouldn’t be able to enter the country until the fine was paid.

I took it off the plane, got through customs (passport checking part) and was asked by one Cancun airport attendant if I had anything to declare. I said no and continued figuring I’d ditch the vape last minute in the case we went through security. To my surprise, I got my checked bag and left with my vape still on me. HAHA. This was as of 01/21/2023 so do this at your own risk but all went well for me.

Must be something to assist in getting money from tourists because they’re selling them at my resort.

THIS WAS ENTERING THE COUNTRY FROM THE STATES!

I do not plan on going back home with the vape in my luggage. If you’re coming, I suggest some Zyn nicotine pouches or nicotine gum just to alleviate some anxiety because the problem seems to be about the electronic cigarettes specifically. Good luck to you all.

2: Can I vape in bars and restaurants in Mexico?

No, Mexico has banned the use of e-cigarettes in all enclosed public spaces, including bars, restaurants, and workplaces (Check details in the article).

3: Can You Buy Vape Pen And E-Juice In Mexico?

Yes, vape pens and e-juice are available for purchase in Mexico, especially in popular tourist areas like Cancun. Despite being technically illegal to import, they remain popular among Mexican vapers. In fact, they may even be more affordable in Mexico compared to other countries. So if you’re traveling to Mexico and are a vaper, you can still indulge in your hobby without worry. Just be sure to check the regulations and restrictions in the area where you plan to use your vape pen to avoid any legal trouble.

4: Are there any quality standards for vaping products in Mexico?

Yes, the Federal Commission for Protection against Sanitary Risks (COFEPRIS) sets standards for vaping devices and e-liquids that must be met before they can be sold in the country. In conclusion, vaping laws in Mexico are aimed at minimizing the potential health risks associated with e-cigarettes. It’s important for vapers to follow these regulations to avoid severe penalties. As vaping continues to gain popularity around the world, it’s likely that more countries will introduce similar regulatory frameworks to ensure the safety of their citizens.

Author
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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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