Panama’s Ministry of Health Regulates Sale and Use of E-Cigarettes
New Resolution Prohibits Vaping in Public Spaces and Restricts Advertising
The Panamanian Ministry of Health (Minsa) has introduced new regulations on the sale, use, and advertising of electronic cigarettes, also known as vapes, as well as heated tobacco and oral nicotine products in Panama. The measures, outlined in Resolution No. 146 of January 31, 2025, and published in the Official Gazette on Thursday, February 13, aim to protect public health and minimize exposure to harmful vapors.
Under the new rules, the sale of these products to minors is strictly prohibited, as is any form of advertising, promotion, sponsorship, or propaganda. The resolution also bans the use of e-cigarettes, with or without nicotine, and their accessories in public and private offices, means of transportation and terminals, as well as enclosed public spaces such as churches, beauty salons, internet cafes, restaurants, cafeterias, bars, nightclubs, and hotels.
The prohibition extends to sports areas, commercial and residential buildings in their common areas, as well as work environments, educational institutions, and healthcare facilities. Minors are not allowed to sell these products or be employed by others for that purpose.
Businesses that sell regulated e-cigarette products must keep them in closed showcases or shelves, not directly accessible to customers, for the first two years after the executive decree comes into force. These establishments are also required to display a sign stating, “The sale of electronic cigarettes to minors is prohibited.”
- Read more: Panama: Surge in Smuggled E-Cigarettes
The resolution is set to take effect six months after its promulgation, on July 31, 2025. This follows a ruling by the Supreme Court of Justice on May 14, 2024, which declared Law 315 of June 30, 2022, unconstitutional. The law had prohibited the use, import, and commercialization of e-cigarettes, tobacco vaporizers, and other similar devices with or without nicotine.
The court’s decision, issued through Edict No. 524, found that the law violated Article 170 of the Constitution, which states that if a bill is objected to by the Executive Branch in its entirety, it must return to the National Assembly for a third debate. The article also stipulates that if the objection is only partial, the bill returns to a second debate solely to address the objections presented. A two-thirds majority of deputies is required for the approval of the bill.
The lawsuit was filed by VÃctor IsaÃas Reyes Gómez on behalf of the Association for the Reduction of Smoking Harm in Panama (ARDTP), arguing that the law prohibited an alternative to traditional cigarettes without a scientific basis. They also claimed that the ban promoted smuggling and treated e-cigarette consumers as “addicts.”
The bill was originally introduced in 2022 by Crispiano Adames, a deputy of the Democratic Revolutionary Party (PRD). The new resolution seeks to strike a balance between public health concerns and the rights of consumers, while providing a regulatory framework for the sale and use of e-cigarettes in Panama.
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