Mexico will punish the sale of vaping devices with up to eight years in prison.

On Wednesday night, the Senate approved a reform to the General Health Law that prohibits the production, importation, sale, and advertising of electronic cigarettes and vaping devices throughout Mexico. With 76 votes in favor, 37 against, and one abstention, the plenary session endorsed the ruling that establishes penalties of up to eight years in prison for those who sell these products. Personal consumption and possession, one of the concerns of users and the most criticized part of the initiative, will ultimately not be punished. The measure supports the initiative sent by President Claudia Sheinbaum and is justified by the “health risk” posed by these products and their expansion on the black market. Although Mexico banned the import and sale of vaping devices and electronic cigarettes in 2022, they continue to be sold without control. They are easy to obtain online, at informal stalls, and even in shopping malls. Therefore, for Morena, the reform approved on Wednesday is necessary to prevent the industry from growing underground and on the black market. The opposition, on the other hand, accuses the ban of only encouraging the informal market, criminalizing users, and leaving them exposed to police abuse. Some senators have warned that the ban could strengthen the black market and leave consumers without verifiable information about what they are consuming. In the nearly three-hour debate, legislators from the PAN, PRI, and Movimiento Ciudadano parties insisted that the ban would drive the sale of vaping devices into the hands of organized crime. PAN member Gina Campuzano accused Morena of resorting to “the most cynical smokescreen” to hide the country's insecurity and warned that the measure would be counterproductive. “They are signing a blank check for crime to poison our youth. People will continue to seek out these products, but now in the basement of drug dealers, without knowing what they are putting into their bodies,” she said from the podium. Carolina Viggiano of the Institutional Revolutionary Party (PRI) denounced that the reform lacks evidence, which makes the proposal a “black box.” She recalled that the tobacco ban has not prevented the sale of cigarettes to minors and argued that the state should “regulate, not prohibit.” For its part, the ruling majority defended the initiative with the growth of vaping among teenagers, who are the main consumers. Manuel Huerta pointed out that these devices contain nicotine, heavy metals, carcinogenic compounds, and particles capable of damaging the cardiovascular and pulmonary systems. According to Huerta, the ban is not prohibitionist. “The state is not invading private life, it is fulfilling its obligation to prevent risks and not turning a blind eye to a market that deliberately targets vulnerable populations,” he said. He added that prevention campaigns will also be reinforced. From the Green Ecologist Party of Mexico, Rocío Corona referred to vaping as a “silent epidemic” hidden behind sweet flavors and attractive devices. Along the same lines, José Manuel Cruz pointed out that vaping is now the most widely used nicotine product among young people and that, in 2024 alone, around 1.63 million students reported using it. “The attractive flavors, advertising, and ease of access have made them a gateway to addiction,” he said. Luis Donaldo Colosio, from Movimiento Ciudadano, affirmed that the refusal to regulate and monitor the market. “Prohibiting does not mean regulating. We are pushing children and adolescents into the black market where no one asks for identification and there are no consequences for those who sell to minors,” he said. Thus, the reform incorporates a specific chapter on vaping devices in the General Health Law, where they are defined as any system capable of heating, vaporizing, or atomizing liquid substances, gels, waxes, aerosols, or resins, with or without nicotine, that can be inhaled. It also prohibits any type of advertising or propaganda in print, digital, radio, television, or emerging media, on the grounds that the industry has targeted minors with attractive flavors and covert marketing campaigns. The changes will be published in the Official Gazette of the Federation.