Mexico's Supreme Court Deems National Vape Ban Unconstitutional

[Matthew Ma]

Mexico introduced stringent vaping regulations in 2022, completely prohibiting the promotion, sale and import of nicotine and non-nicotine vapes to curb usage. However, a new Supreme Court ruling offers limited reprieve, judging the blanket sales ban as violating constitutional trade freedoms. But with narrow applicability, the general prohibition stays while merchants must individually challenge constitutionality to resume sales.

Merchants Can Contest Ban Individually

The January 2023 verdict sides with several vape vendors fighting the decree through an amparo indirect constitutional challenge. It enables them to legally resume sales. However, most other retailers face closure unless similarly demonstrating unconstitutionality which requires undertaking separate, often lengthy lawsuits.

Hence the immediate national impact appears restricted. Yet the ruling indicates the apex court's perspective around infringement of commercial rights by an outright ban lacking public health risk assessments on alternatives.

Reversal Hopes to Curb Smoking Problems

According to Alberto Gómez Hernández of the World Vapers Alliance (WVA) advocating for consumer choice, aside from impeding free commerce the prohibition limits safer nicotine product accessibility amid alarming smoking rates.

Mexico sees over 40,000 annual smoking-attributable deaths with nearly 15 million adult smokers. Hernández contends lifting the vape ban in line with UK, NZ and Sweden to enable safer switching aligns with public health interests over ineffective abstinence approaches worsening outcomes.

Argentina Also Under Pressure

Argentina faces similar calls to reconsider its national vape sales prohibition from 2011 which industry associations argue boosted cigarette smoking. With annual smoking-induced deaths approaching 60,000, public health leaders insist allowing reduced harm vaping instead respects citizens' rights and autonomy.

In an open letter to the President, vapers' group Asovape Argentina said the difficult ban exacerbates misconceptions equating vaping with smoking despite evidence unequivocally establishing large risk differentials.

Conclusion: Towards Proportionate Regulations

The pushback against highly restrictive blanket bans on demonstrating the role of vaping within tobacco harm reduction strategies continues gaining momentum globally. These early wins indicate momentum towards rational nicotine regulations balancing public health interests against ethical imperatives of upholding adult choice regarding livelihoods and reduced risks.