Mexico Advances Health Reform Targeting Vape Commerce

Mexico’s Chamber of Deputies approved a reform to the General Health Law that prohibits the commercialization and manufacture of electronic cigarettes and vape devices, establishing criminal penalties for suppliers while exempting consumers from prosecution. The initiative, endorsed by 292 votes to 163, now moves to the Senate, where the ruling coalition is expected to secure its final passage.

The reform seeks to update the country’s health regulatory framework and align it with recent constitutional changes on vaping and synthetic substances, says Ricardo Monreal, President, The Political Coordination Board. He notes that the measure distinguishes between consumers and commercial actors. “The proposal does not impose prison sentences on users,” he said, adding that the focus of enforcement would remain on companies that produce, distribute, or market these devices. Information campaigns will target consumers to increase awareness of health risks.

The debate on vape regulation gained momentum over the past year, driven by concerns about the expansion of e-cigarette use among adolescents and the lack of a uniform framework governing nicotine alternatives. In December 2024, lawmakers approved a constitutional reform banning the production, distribution, and sale of vape devices and other substances, including fentanyl. The newly approved legal reform provides the statutory details for enforcement. The bill prohibits the manufacture, import, export, distribution, and sale of e-cigarettes, vapes, and “analogous systems or devices,” including products that heat or vaporize liquids, gels, oils, or synthetic formulations, with or without nicotine. All advertising across print, digital, radio, and television platforms is banned.

The reform introduces penalties of one to eight years in prison and fines of up to MX$226,080 (US$12,520) for companies or individuals involved in the vape trade. While the opposition argues the measure could criminalize users, the ruling coalition adopted a last-minute modification clarifying that consumption and possession are exempt. The law specifies that sanctions apply only to those who acquire devices “with commercial intent,” a provision intended to restrict enforcement to supply-chain actors.

Opposition legislators say the measure could strengthen illicit markets and benefit criminal groups. Movimiento Ciudadano Deputy Iraís Reyes criticized the bill, stating that failing to regulate a product already in circulation would “equal more black market and more money for drug traffickers.” She says consumers would continue to access the products through informal channels. 

Supporters of the reform frame the measure as a public health response focused on youth protection. They cite the rising use of flavored vaping products among minors and the proliferation of unregulated devices. These arguments align with the position of the World Health Organization (WHO), which warns that e-cigarettes contain nicotine and other toxic compounds and that flavored products contribute to youth uptake. WHO estimates that 37 million adolescents aged 13 to 15 use tobacco globally.

However, international experts and harm-reduction advocates question the prohibition strategy. The UK National Health Service (NHS) and US Centers for Disease Control and Prevention (CDC) have reported since 2015 that vaping may pose significantly fewer risks than smoking. Through a press release, Alberto Gómez, Policy Manager, World Vapers’ Alliance, says that “the evidence is clear: prohibiting does not protect.” He argues that Mexico needs a regulatory model that sets quality standards, sales restrictions, and tax rules. A 2025 study by El Colegio de México estimates that an excise tax on electronic cigarettes could generate MX$6.94 billion (US$384 million) annually, a point used by advocates who say regulation could reduce illicit trade and raise fiscal revenue.

The General Health Law reform also introduces changes unrelated to vaping. These include new provisions on consolidated drug procurement under the Ministry of Health, the incorporation of “digital health” concepts, and regulations for blood products, stem cell banks, and regenerative medicine centers. Another change eliminates the requirement that the Health for Well-Being Fund (Fonsabi) allocate at least 8% of its resources to catastrophic health expenses, including cancer and neonatal intensive care. Critics argue the adjustment weakens financial protection for high-cost medical conditions.

The Senate is expected to review the reform during the final stretch of the December legislative session, which ends on Dec. 15. Lawmakers plan to address two additional pending laws before the recess. The outcome of the vape regulation debate will shape Mexico’s approach to nicotine alternatives, illicit markets, and public health oversight, with implications for both national health strategy and the broader regulatory environment for consumer products.