Constitutional Reform against Vaping
Recently, the Mexican Chamber of Deputies (Cámara de Diputados) and the Chamber of Senators approved the constitutional reform project to ban the sale of vapes in Mexico. This news has generated many opinions and misinformation. That is why, at VTZ we prepared this post for you to know the key points of this reform:
What is the scope of the constitutional reform on vaping?
The proposed reform to Article 4 of the Constitution establishes that “the production, distribution, marketing, and sale of electronic cigarettes, vapes and other analogous systems or devices indicated by law is prohibited.” In other words, it is intended to ban the production and sale of vapes, as well as similar devices. Curiously, the Constitution indicates that there must be secondary legislation, so we will have to wait for the General Law for Tobacco Control or some new legislation to clarify exactly which devices will be prohibited and under what terms.
What about companies and individuals who sell vapes?
To reinforce this prohibition, the proposed reform also provides for an amendment to Article 5 of the Constitution, regarding freedom of work and commerce. In particular, the reform bans “the profession, industry, domestic or foreign trade, work or any other activity for the production, distribution, marketing and sale of electronic cigarettes, vapes and other analogous systems or devices.” In other words, it creates a restriction on companies engaged in the trade of these products.
Who are the main affected?
The proposed reform generates problems for various members of society, with special emphasis on the business sector and consumers. Although a very limited “formal market” could be presumed, the media already comments that a black market will emerge to satisfy the existing demand for vapes. This raises concerns about the risks associated with an unregulated market without quality control. In this scenario, consumers may be driven to purchase devices or “liquids” of questionable origin and quality.
Has the constitutional reform of vapes been approved?
No, the proposed reform has only been approved by the Chamber of Deputies and the Chamber of Senators. In other words, the reform is very close to become a reality. At this point, the next step is to refer the project to local state legislatures, among other things. Therefore, to date, the importation, production, and sale of vapes is still possible for the authorized companies and individuals in Mexico.
Conclusion
In conclusion, the proposed reform to ban vapes in Mexico represents a significant change with implications for both the businesses and consumers that have actively sought protection. Therefore, it will be crucial to closely follow the development of this proposed reform in its next stages.
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