Mexico is tightening the law against vejp products. New amendments to the country's federal health law now criminalise the entire commercial handling - from production to advertising - with penalties of up to eight years in prison. At the same time, a complex legal situation remains where previous bans have long existed without being fully applied in practice.
Mexico has recently decided on extensive changes to the Federal Health Law, making the production, import, sale and advertising of vejp punishable by up to eight years in prison.
The text of the law focuses on criminalising commercial handling throughout the country. At the same time, the formal prohibition appears relatively weak in practice - partly due to a complex legal situation, partly because the products have already been banned for a long time without any consistent enforcement.
Several years in prison
The Mexican Senate's decision is based on a reform of the country's existing health law, Ley General de Salud. The new version introduces penalties for operators producing, importing, distributing or selling vejp products. Penalties range from heavy fines to several years in prison.
Although the law has not yet been published in the official gazette or signed by the President - formal steps required for it to come into full force - the decision puts Mexico in a much stronger fiscal and penal position than before.
Swelling black market
Vejpkollen has previously reported on Mexico's longstanding crackdown on vejp imports and trade, which in practice has led to a sharp reduction in the presence of speciality shops and the emergence of a large black market.
During a WHO-related conference in November, lawyer and professor of philosophy Juan José Cirión described the legal situation.
- Vapour products have been banned on paper since 2011. But the ban has been appealed by various companies since then. "Those who have appealed can actually sell some products legally, at least until the government clarifies the laws so they are not unconstitutional," said Juan José Cirión, a researcher at the National Autonomous University of Mexico.
He described how the noose had been progressively tightened around vejp sellers year by year.
- Today, there are almost three million of us vejpar in Mexico. But our specialised shops have almost completely disappeared. There were around 1,000 shops in 2015. Now there are maybe 70," he said.
The Mexican regulatory framework has thus created a situation where the market has effectively shifted from legal retail to alternative and often illegal distribution channels.
Constitutional ban - but weak implementation
As early as 2024, the Mexican Congress adopted a constitutional reform banning commercial activities around vejp and e-cigarettes through amendments to the Constitution. While the reform gave the total ban a strong legal status on paper, it relies on complementary, secondary legislation clarifying details and enforcement to be fully effective in practice.
The legal situation is thus characterised by a combination of constitutional text, amendments to the Health Act and court interpretations. Moreover, previous judgements have shown that parts of the vejp ban can be considered problematic from a constitutional perspective, reports Mexico Daily Post.
The new law increases criminal penalties, in theory giving authorities a more powerful tool to crack down on illegal trade. However, given how existing bans have been appealed, interpreted and in practice partly ignored in the past, it remains unclear to what extent the change in the law will change the reality on the high street and online.
At present, it is also unclear whether the tobacco companies' so-called heat-not-burn products should count as a vejp product. The technology is similar and is based on heating and vaporising flavoured tobacco mixed with glycerine. Nicotine pouches are not affected by the legislation.
Millions continue to vejpa
The legal situation remains complex: constitutional prohibitions exist, but need to be complemented by clear rules on how to interpret and apply them to have a concrete impact in everyday life. Even before the latest legislative change, the availability of products was in practice much greater than the legal text suggested.
This helps explain why millions of Mexicans continue to vejpa despite the prohibition on paper. Another recurring explanation is the growing black market.
