Mexico is moving to impose some of the world’s harshest penalties on vaping. New legal reforms would criminalise the production and sale of vapes nationwide.
The Senate has passed changes to the General Health Law that would allow authorities to impose prison sentences of up to eight years and fines of as much as 226,000 pesos ($12,500) for illegal commercial activity involving vapes. The reforms were approved on December 10 after clearing the lower house a day earlier.
Divided vote after lengthy debate
The vote was decisive but divided. Senators backed the bill 76 to 37, with one abstention, following nearly three hours of debate. The legislation now awaits enactment by President Claudia Sheinbaum, who proposed the reforms and has publicly supported them.
Commercial sales targeted not personal use
Under the changes, the production, importation, sale and advertising of vapes and vape products would be banned nationwide. Personal use and possession would not be penalised, according to the approved text.
Public health arguments drive reform
Supporters of the bill said the measures were necessary to address what they described as the rapid and unregulated growth of the vape market, particularly among young people. Lawmakers backing the reform cited concerns over nicotine addiction and exposure to harmful substances, including metals and carcinogens.
Opposition warns of black market risks
Critics, however, warned the crackdown risks driving the market underground. Opposition senators argued that prohibition would strengthen organised crime rather than protect public health. During the debate, Gina Campuzano of the PAN party described the reform as “a cynical smokescreen,” while PRI lawmaker Carolina Viggiano said “the state must regulate, not prohibit.”
Advertising ban and legal definition added
The reform also formally defines vapes as ‘devices capable of heating or vaporising liquid or gel substances’ and bans all forms of advertising across print, broadcast and digital media.
Law takes effect after publication
Once signed by the president, the law will take effect upon publication in the Diario Oficial de la Federación, marking a major escalation in Mexico’s enforcement against vaping products.
The crackdown comes as global health experts warn that Mexico’s hardline stance on safer nicotine alternatives is worsening public health outcomes rather than improving them.
Mexico’s rising smoking rates
A major international report published this year argues that bans on products such as vapes are linked to rising smoking rates and preventable deaths, contrasting Mexico’s prohibitionist approach with Sweden’s harm reduction model.
The report, Tale of Two Nations, found Mexico’s adult smoking rate has climbed from 16.5 percent in 2009 to 19.5 percent, while Sweden’s rate has fallen by more than half to 5.3 percent – and has since dropped to 4.5 percent, meeting the World Health Organisation’s definition of a smoke-free country.
Smoking is blamed for about 65,000 deaths in Mexico each year, compared with some of the lowest tobacco-related disease and death rates in Europe in Sweden.
“The evidence is undeniable,” said Dr. Delon Human, author of the report and leader of Smoke Free Sweden. “Sweden’s harm reduction approach has sharply reduced smoking rates and lowered smoking-related diseases, while Mexico’s ban on safer alternatives is failing its people.”
