Mexico Faces Crossroads on Vape Regulation

Mexico is entering a decisive phase in the debate over vaping and electronic cigarettes as lawmakers prepare to define whether the country will regulate or prohibit the industry. The discussion has intensified following the approval of a constitutional reform banning the production, distribution, and sale of electronic cigarettes, vape devices, and unauthorized toxic substances. The reform has drawn strong reactions from public health experts, lawmakers, and international organizations that see potential in regulated harm-reduction tools to reduce smoking-related deaths and boost fiscal revenues.

The amendment, supported by MORENA, the Green Party, the Labor Party, PRI, and PAN, and opposed only by Movimiento Ciudadano, modifies Articles 4 and 5 of the Constitution. It criminalizes all commercial and industrial activities linked to electronic cigarettes and similar devices. While its supporters frame the reform as a public health and security measure, critics argue that it equates vaping with fentanyl misuse, reflecting a prohibitionist approach inspired by US policy rather than domestic evidence. Movimiento Ciudadano Senator Alejandra Barrales said preventive regulation would be more effective than bans, while PAN Senator Ricardo Anaya called the inclusion of fentanyl a “political message to Donald Trump.”

The constitutional change sets the stage for upcoming discussions in the Chamber of Deputies on reforms to the General Health Law, which will define the legal framework for electronic cigarettes and other alternative nicotine products. Through a press release, Alberto Gómez Hernández, Policy Manager at the World Vapers’ Alliance (WVA), argues that the law’s secondary regulation will be key to determining the practical reach of the ban. “The evidence is clear: prohibiting does not protect. What Mexico needs is intelligent regulation that guarantees safe access for adults and eliminates the illegal market that continues to grow unchecked,” he says. Gómez says that a regulated model could establish quality standards, sales restrictions, and tax mechanisms to protect public health while generating revenue.

According to a 2025 study by El Colegio de México, taxing e-cigarettes through an excise tax (IEPS) could raise up to MX$6.94 billion annually. Advocates of regulation contend that such measures would not only improve public health oversight but also reduce illicit trade and generate new fiscal resources. The World Vapers’ Alliance supports strict yet balanced regulation to avoid ceding the market to unregulated operators.

The health dimension remains central to the debate. Since 2015, research from the UK National Health Service (NHS) and the US Centers for Disease Control and Prevention (CDC) has suggested that vaping poses significantly fewer risks than smoking traditional tobacco, by up to 95%, according to UK findings. However, the World Health Organization (WHO) maintains a cautious position, warning that e-cigarettes contain nicotine and potentially toxic compounds, including diacetyl, heavy metals, and carcinogens.

On World No Tobacco Day 2025, WHO renewed its warnings about tobacco industry tactics and rising e-cigarette use among youth. The organization estimates that 37 million adolescents between 13 and 15 years old use tobacco products globally and attributes the popularity of vaping among young people to flavored options such as mint, fruit, and candy. Critics argue that WHO’s stance overlooks the potential of vaping and other nicotine delivery systems as harm-reduction tools that can help adult smokers quit. Experts from the United Kingdom, Australia, and South Africa have urged WHO to integrate harm reduction into its tobacco control policies rather than adopting outright prohibitions that may strengthen illicit markets.

Beyond public health, vaping technology is evolving into new medical applications. North American companies are exploring the use of vape-like devices to deliver treatments for migraines, asthma, and pain management. Firms such as Qnovia and MIIST Therapeutics are developing devices using nebulizer technology to provide faster drug absorption through inhalation, while Greentank has introduced a heating chip aimed at improving safety standards. These innovations highlight how the underlying technology of e-cigarettes could transition into regulated medical uses, though they still face skepticism due to vaping’s public image and unresolved safety concerns.

The global market for respiratory and inhaled medications reached nearly US$9 billion in 2023, led by companies like GSK, according to Reuters. Experts such as Federico Buonocore, Professor, Kingston University, argue that vape-like devices could make inhaled drug delivery more accessible and user-friendly compared to conventional inhalers. However, tobacco companies’ previous efforts to enter the health sector, such as Philip Morris International’s abandoned wellness initiatives, reveal the challenges of consumer acceptance and regulatory scrutiny.

Mexico’s decision on whether to regulate or prohibit vaping will shape the country’s public health policy, fiscal landscape, and approach to innovation. The next stage — drafting the secondary legislation under the General Health Law — will determine if the government opts for prohibition or for a framework that combines harm reduction, fiscal responsibility, and consumer protection. “This is a unique opportunity to move beyond a prohibitionist model that has failed and to build a modern policy centered on people. Regulating intelligently not only saves lives; it strengthens the economy and reduces crime,” says Gómez.