
Vapes are quickly becoming the go-to way to get a nicotine hit. Around the world, the number of people vaping is increasing, especiallyamong young people. Different countries use various tactics to discourage the younger population from vaping, including prescriptions only in Australia and outright bans of nicotine vapes in some countries like Japan.
On January 18, 2025, Mexico enacted a constitutional ban on producing, distributing, selling, and marketing e-cigarettes and vapes. Here are the main takeaways on Mexico’s legal stance on vaping products.
Vaping Regulations in Mexico
Like many countries worldwide, Mexico has been using public health campaigns, such as anti-smoking advertisements on tobacco products and bans in certain public areas, to deter people from smoking.
However, cigarettes, cigars, and other tobacco products are still widely available to anybody over the age of 18. Vaping, on the other hand, is now completely banned in Mexico. This constitutional ban relates to all aspects of vaping, including manufacture, distribution, and promotion.
This official ban started as a decree issued by Mexico’s Federal Commission for Protection Against Sanitary Risks (COFEPRIS) in 2020. This decree was followed by another presidential one in 2021 that prohibited the “import and export of electronic nicotine delivery systems (ENDS),” which set the groundwork for the comprehensive nationwide ban on January 18, 2025.
Reasons Behind the Ban
Mexico isn’t the first country to ban e-cigarettes. India, Thailand, Singapore, and many other countries around the world have enforced total bans on sales, import, and use of e-cigarettes, with hefty fines for any violations. There are several reasons for these bans, including the following:
Health Concerns
Nicotine addiction is not the only risk with vaping. While vapes emerged as a healthy alternative to smoking, recommended by many health practitioners around the world to combat addiction to tobacco, the health concerns surrounding vapes have increased over time as studies have also increased.
The primary health issues associated with vaping arerespiratory issues,cardiovascular issues like increased heart rate and blood pressure, oral health issues like gum disease and cavities, andmental health issues like anxiety, depression, and mood swings. These health issues are more prevalent in young people.
Regulation of Harmful Products
Mexico’s former president, Andrés Manuel López Obrador, decreed the ban on e-cigarettes based on evidence from the World Health Organization that stated the damage e-cigarettes can do to young people, whom brands and social media influencers target. India banned e-cigarettes in 2019 and cited similar reasons, along with public health concerns.
Elsewhere in the world, countries like England are proactively addressing the issue of minors smoking by banning the sale of cigarettes to anybody who was born after 2009 in an attempt to create a “smoke-free generation.” England will also ban “single-use” vapes in June 2025 as another preventative measure.
Enforcement of the Ban
Practical Enforcement Measures
The ban on e-cigarettes extends to both online and retail sales. However, regional law enforcement can only enforce the ban, which raises some issues. As such, black-market vapes are still available in retail stores in some regions. Enforcing the new rules has proven difficult so far due to the involvement of organized crime groups.
Penalties for Violation
There are various penalties for selling or importing e-cigarettes, including fines of up to $3,000 and criminal charges. Travelers should avoid bringing vapes into the county, as this could not just lead to confiscation but hefty penalties and even detention for up to 36 hours.
Is It Possible to Legally Use Vapes in Mexico?
Vapes are illegal across the board in Mexico, with no exceptions for personal use. People who vape should avoid bringing vapes into the country or buying them illegally when they arrive. Instead, consider switching to nicotine pouches, gum, or another nicotine alternative while you’re there. These products are not banned in the same way as e-cigarettes.
Navigating the Grey Area
While there is a ban in place, there is still a chance tourists can get away with using e-cigarettes in Mexico. However, there is the risk of fines and punishment. Additionally, vapes available on the black market may be of lower quality with fewer checks and balances in place as there are buying vapes in a country where they remain legal.
Public Opinion and Future Outlook
Public health officials support the ban as a way to prevent minors from vaping. However, the effectiveness of the blanket ban has come into question, as some think it may lead to a bigger black market selling dangerous vapes. Now that the ban is in place, it looks unlikely to change anytime soon.
Conclusion
E-cigarettes are now illegal in Mexico across the board. The ban on the marketing and sale of vapes is an attempt to curtail youth vaping and protect public health. However, the ban has led to a bigger black market for vapes, raising concerns about the products' safety. If you're traveling to Mexico, leave your vape at home and consider an alternative like nicotine pouches, patches, or gum. Travelers should keep up to date with any changes in the law.
Additional Resources
For more information on vaping in Mexico, check out these resources:
https://mexlaw.com/mexicos-vape-ban-what-it-means-for-you/
https://www.tobaccocontrollaws.org/legislation/mexico/e-cigarettes/main-policies
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