Mexico’s federal legislature has taken a decisive and controversial step by passing a sweeping reform aimed at cracking down on the manufacture and sale of vaping products, with lawmakers approving penalties that could see those involved in the trade jailed for up to eight years. The changes, which overhaul the country’s General Health Law, also propose significant fines of as much as 226,000 pesos (roughly $12,500) for offenders, dramatically escalating legal consequences for businesses and individuals engaged in the production, importation or distribution of electronic cigarettes and similar devices.
The Senate’s action on Wednesday caps weeks of legislative momentum that began in Mexico’s lower house, where a broad majority of deputies voted in favour of the reform. With 76 senators backing the bill and 37 opposed, the measure now heads to the desk of President Claudia Sheinbaum, who has voiced strong support for the initiative and is expected to sign it into law. While the proposal stops short of criminalising personal use of vaping devices, its wide-ranging restrictions on all other aspects of the vaping industry represent one of the most aggressive regulatory responses in the Americas.
President Sheinbaum has repeatedly argued that electronic cigarettes and vapes pose serious health risks, asserting that many users mistakenly believe vaping is a safer alternative to traditional tobacco smoking. In public remarks defending the legislation, she emphasised that neither cigarettes nor vapes are safe, and that the government must act to protect public health, particularly that of younger Mexicans increasingly drawn to vaping products. Sheinbaum also noted that federal authorities are coordinating with state governments to deter illegal markets and potential criminal networks that could exploit the nascent ban, although details of enforcement plans remain sparse.
Critics of the reform, however, have denounced it as overly broad and “prohibitionist,” arguing that it shifts the focus away from sensible regulation toward punitive measures that could fuel black-market activity and burden the judicial system. Opposition Senator Luis Colosio warned that the government’s strategy, by sweeping away regulatory oversight in favour of criminal sanctions, risks failing to address the root causes of vaping’s popularity and may inadvertently incentivise illicit trade. These concerns were echoed by some civil liberties advocates who contend that the law’s language could be vulnerable to misinterpretation and enforcement abuses once enacted.
The reform’s passage places Mexico alongside other Latin American nations such as Argentina and Brazil, which have taken similarly restrictive approaches to vaping amid mounting global unease about nicotine delivery systems and their appeal to youths and non-smokers. Mexico’s previous anti-tobacco measures, including a long-standing ban on smoking in most public spaces, reflect a broader public health strategy that campaigners say necessitates extending regulatory scrutiny to emerging products like e-cigarettes.
Despite the legislation’s approval, vape products remain widely available in many Mexican retail outlets, with enforcement mechanisms yet to be fully articulated by authorities. Questions also linger about how local law enforcement will manage street-level sales and whether the law will deter or displace existing market channels. Some consumers interviewed in Mexico City highlighted the ease and low cost at which vapes are currently obtained, underscoring the practical challenges the government may face in implementing its new policy.
As the bill awaits presidential action, stakeholders on both sides of the debate are bracing for significant shifts in Mexico’s tobacco and vaping landscape, with broader implications for public health policy, regulatory governance and enforcement in the region.
