The First Chamber of the Supreme Court of Justice of the Nation (SCJN) determined today that the prohibition on importing electronic cigarettes and related products is unconstitutional. This ruling is based on the decree of the Law of General Import and Export Taxes, enacted on June 7, 2022, and was approved by a majority following the analysis of the project presented by Minister Jorge Pardo Rebolledo.
The decision benefits the tobacco company Philip Morris Mexico, as it deems that the regulation imposes excessive restrictions on commercial freedom.
The Court established that, while Philip Morris is permitted to import vaping devices, it does not authorize the indiscriminate consumption of solutions or substances associated with these products. The ruling does not signify a complete opening to the use of electronic cigarettes, as it is limited to the aforementioned company and does not affect other similar products that may emerge in the market.
It is noteworthy that this prohibition was implemented during the administration of former President Andrés Manuel López Obrador, with a focus on public health. The project approved by the SCJN clarifies that its resolution does not imply a blanket endorsement of the use of any substances utilized in these devices, including those that employ heated tobacco or alternative nicotine consumption systems.
The injunction granted to Philip Morris Mexico protects the company against future restrictions and establishes a legal precedent that could influence upcoming litigations. The ruling specifies that this protection will remain in effect until the Law of General Import and Export Taxes is amended, which is a crucial aspect for the tobacco industry and its derivatives.
According to the Mexican government, it is estimated that 938,000 adolescents have tried these devices, and approximately 160,000 use them regularly.
The World Health Organization (WHO) has warned about the risks associated with electronic cigarettes and vapes, indicating that they may contain toxic substances and carcinogens. These devices not only pose a risk to users but also to those exposed to the exhaled aerosol. The use of vapes has been linked to an increase in nicotine addiction, particularly among young people, who are drawn in by appealing flavors and easy access to these products.
Despite the prohibitions, the number of vape users has risen significantly. In 2023, it was reported that there were 2.1 million users, representing a substantial increase from the 975,000 recorded in 2019.
In October 2022, the Supreme Court of Justice ruled that certain prohibitions were unconstitutional, allowing specific groups to request injunctions to continue the importation and sale of these products.
Source：https://www.meganoticias.mx/los-mochis/noticia/tabacalera-desafia-prohibicion-y-logra-importar-vapes-a-mexico/566272
电子雾化与HNB产品都是新型电子产品，结构虽小，却融合应用多种材料、表面处理、芯片电子等技术工艺，而且雾化技术一直在不断更迭，供应链在逐步完善，为了促进供应链企业间有一个良好的对接交流，艾邦搭建产业微信群交流平台，欢迎加入；Vape e-cigarettes (VAPE) and Heat-Not-Burn e-cigarettes (HNB) are both emerging electronic products. Despite their compact size, they integrate various materials, surface treatment technologies, chip electronics, and other advanced technical processes. Moreover, atomization technology is constantly evolving and the supply chain is being progressively perfected. To facilitate good communication and networking among supply chain enterprises, Aibang has established an industry WeChat group communication platform and warmly welcomes interested enterprises to join.
English 
Chinese