Mexico’s Proposal to Include Vape Ban in Constitution Has Now Been Passed by Lower House Lawmakers

In November, Mexico’s government announced plans to ban vaping products by the end of the year. However taking it one step further, before leaving office earlier this year, former President Andres Manuel Lopez Obradorc sent a proposal to Congress to have this ban included in the local constitution by January 2025.

Naturally, the former President argued that vapes were damaging public health. However the motion has raised a number of signficant concerns. Firstly, there is the very legitimate fear that it may bolster an already thriving black market. This is an especially significant concern in Mexico given that black markets are controlled by organized crime groups, like the Sinaloa and Jalisco New Generation cartels. If such a ban had the potential to increase organized crime and violence in countries like Australia, one can onloy imagine what it could lead to in Mexico.

The local vape market is split between legal and illegal channels, but cartels dominate the black market, which supplies about 90% of all vapes sold, often smuggling products from countries like China. These illegal vapes, entirely unregulated, can contain harmful substances such as mercury.

The former President’s motion also disregards vaping’s role as a harm-reduction tool for smokers seeking to quit combustible cigarettes, with approximately 1.7 million Mexicans using vapes, many of which use them to quit smoking and the demand only increasing. Mexico faces nearly 50,000 smoking-related deaths annually. THR experts, including Tomás O’Gorman of Pro-Vapeo Mexico, warn that prohibiting safer alternatives will likely increase smoking rates and related health problems. O’Gorman highlights that bans disproportionately harm low-income countries, where limited healthcare magnifies the consequences of increased smoking.

Data tell us that such measures do not work

Interestingly, in 2020 a proposed ban on vape sales was overturned as it was deemed unconstitutional. However, the recent election win for the now ruling party – Morena, gives it the supermajority needed to push through this legislative change. Meanwhile, public health and harm reduction advocates argue that a ban will not reduce youth access to vapes, but instead make them less visible and harder to regulate.

Sadly, this argument is validated by real-world data from countries where such sweeping bans have been set. Hence, experts in the field have consistently suggested a regulated framework similar to that of alcohol or tobacco, which could also generate tax revenue to fund healthcare and improve product safety. Moreover, they caution, reclaiming a market from organized crime is challenging once it becomes entrenched.

Meanwhile President Claudia Sheinbaum and her Morena party are pushing ahead with this significant policy shift, and the proposed reform has now officially garnered overwhelming support, with 410 votes in favour and only 24 in opposition. This follows years of stringent measures against vaping, including bans on sales, marketing, production, transportation, and importation. Some argue that given that some vape shops have operated legally under court orders, a constitutional amendment would eliminate legal ambiguity and strengthen enforcement.

A step backwards for public health

On the other hand, THR experts emphasize that prohibition undermines personal autonomy, freedom of choice, and the right to health by depriving individuals of access to harm-reduction tools, and call for education-based interventions instead. They propose regulatory frameworks to ensure safe access to harm-reduction devices while minimizing health risks.

In addition to targeting vaping, the reform also focuses on combatting synthetic drugs like fentanyl. The legislation imposes penalties for the production, distribution, and sale of illicit toxic substances, chemical precursors, and unauthorized synthetic drugs. While fentanyl has limited medical applications, its illegal use remains a significant issue in Mexico. However, highlight THR experts, bundling vaping restrictions with fentanyl regulations not only dilutes the seriousness of addressing dangerous narcotics, but also sends the wrong message to the public about the relative safety of vaping products.

Opposition legislator Éctor Jaime Ramírez contended the approach was excessive and detracted from the gravity of combating highly addictive substances. Sadly though, with the reform now heading to the Senate, it is expected to face little resistance. The Morena party and its allies maintain a significant majority, making its approval likely. If passed, the ban will mark a pivotal moment in time in Mexico’s public health history – probably to be remembered as the begining of a dark period for tobacco harm reduction.