Supreme Court Mexico Allows Vape Imports

The First Chamber of the Supreme Court of Justice of the Nation (SCJN) determined today that the prohibition on importing e-cigarettes and related products is unconstitutional. The ruling, based on the decree of the Law of General Import and Export Taxes promulgated on June 7, 2022, was approved by a majority after analyzing the project presented by Minister Jorge Pardo Rebolledo.

The decision benefits the tobacco company Philip Morris Mexico, as the Court considers that the norm imposes excessive restrictions on commercial freedom. However, the ruling clarifies that while Philip Morris is allowed to import vaping devices, the indiscriminate use of solutions or substances associated with these products is not authorized. The Court’s decision does not imply a total opening to the use of e-cigarettes, as it is limited to the mentioned company and does not affect other similar products that could emerge in the market.

It is relevant to mention that the previous administration of President Andrés Manuel López Obrador had implemented this prohibition with a focus on public health. The project approved by the SCJN clarifies that its resolution does not imply generalized support for the use of any type of substance used in these devices, including those that use heated tobacco or alternative nicotine consumption systems.

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Legal Precedent Set, Protecting Philip Morris Mexico

The protection granted to Philip Morris Mexico shields the company against future restrictions and establishes a legal precedent that could influence future litigation. The ruling specifies that this protection will remain in place until the Law of General Import and Export Taxes is modified, which is a crucial aspect for the tobacco industry and its derivatives.

According to the Mexican government, an estimated 938,000 adolescents have tried these devices, and approximately 160,000 use them regularly. The World Health Organization (WHO) has warned about the risks associated with e-cigarettes and vaping devices, noting that they may contain toxic and carcinogenic substances. These devices not only pose a risk to users but also to those exposed to exhaled aerosol. The use of vaping devices has been linked to an increase in nicotine addiction, especially among young people who are attracted by pleasant flavors and the ease of access to these products.

Vaping on the Rise Despite Prohibitions

Despite the prohibitions, the number of vaping device users has increased significantly. In 2023, it was reported that there were 2.1 million users, representing a substantial increase from the 975,000 recorded in 2019.

In October 2022, the Supreme Court of Justice ruled that some prohibitions were unconstitutional, allowing certain groups to request injunctions to continue importing and selling these products.

The recent ruling by the SCJN in favor of Philip Morris Mexico has reignited the debate surrounding the regulation of e-cigarettes and vaping devices in the country. As the government seeks to balance public health concerns with commercial interests, the long-term impact of this decision remains to be seen.

News source:
Tabacalera desafía prohibición y logra importar vapes a México

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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.