Mexico Vape Market Grows Despite Ban; Jail Terms Proposed

Despite explicit federal restrictions, the market for vaping products in Mexico continues to expand, with devices circulating easily in public spaces, schools, and online platforms. While marketed with attractive flavors and discreet advertising, these products pose significant addiction and respiratory risks, particularly to the growing number of adolescent users.

Currently, a constitutional prohibition exists, yet major retailers like Oxxo, 7-Eleven, and Sanborns openly sell brands such as Vuse and IQOS. This is largely due to judicial “amparos” (injunctions) that allow sales to adults. Notably, in November 2024, the Supreme Court authorized e-cigarette imports for Philip Morris, arguing that an absolute ban was disproportionate given that tobacco consumption is legal. This ruling has created a regulatory gray area, allowing companies to expand distribution.

However, the government is now pushing back with a proposal to criminalize the production, distribution, and commercialization of vapes. For the first time, these activities would be classified as crimes punishable by:

• Prison Sentences: Ranging from one to eight years.
• Significant Fines: Ranging from 100 to 2,000 UMA (approximately 11,000 to over 220,000 Mexican pesos).

This initiative aims to close legal loopholes and combat the proliferation of vapes in both formal and informal markets, which authorities view as a direct threat to public health. With the recent reconfiguration of the Supreme Court, the debate over the constitutionality of a total ban versus commercial freedom is expected to return to the judicial agenda.

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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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