Join us now & support harm reduction!

    We respect your privacy. Unsubscribe at anytime.
    Latest
    News

    Mexico to ban vapes by the end of the year

    Ali Anderson
    Ali Anderson
    October 31, 2024
    4 min
    Download Source FilesDownload Source Files

    Mexico is set to ban vapes by the end of the year, the country’s president Claudia Sheinbaum has announced.

    The decision has prompted fears that it would fuel an already thriving black market, led by powerful and violent organised crime gangs.

    Sheinbaum said her government wants to enshrine the ban into Mexico’s constitution before January 2025. Currently, vapes are in a legal grey area after a previous ban on their import and sale - introduced in May 2020 - was successfully challenged in court. 

    The ban was ruled to be unconstitutional by the Second Chamber of the Supreme Court last year as it ‘contravened freedom of commerce’.

    The governing party Morena then won a landslide victory at the last elections in June, giving it a supermajority in congress. This means it can rewrite the constitution without effective opposition.

    Cartels control 90 per cent of vape market

    Roughly 1.7 million Mexicans use vapes, and the number is rising, with no sign that the last attempt to ban them reduced demand.

    Currently there are two markets for vapes; a legal one, where more expensive vapes are imported for sale in convenience stores, for example, and an illegal one where cheaper vapes are sold more informally, usually by street vendors.

    Óscar Balderas, a journalist who has investigated the issue, estimates that the latter market accounts for as much as 90 per cent of all vapes sold in Mexico - and it is controlled by organised crime.

    “These vapes are brought by organised crime from China, India and even Bangladesh,”  Mr Balderas told the Guardian. “They might bring them by boat to Central America, entering through the southern border and paying bribes to get to Mexico City, then they are distributed across the country.”

    Mr Balderas estimates that this black market is worth five billion pesos a year, or roughly €231 billion. “And organised crime is getting all of that. It’s a sack of cash for them,” he said.

    Crime groups - such as the feared Sinaloa cartel and Jalisco New Generation cartel - assert their control over the vape trade by punishing those who sell vapes without their permission. Illegal vapes are also entirely unregulated and can therefore contain dangerous chemicals. 

    “The consumer has no idea what they’re putting in their body,” Mr Balderas said. “Some of the cheapest vapes sold in the street have been found to contain mercury.”

    More expense for the public health system

    The outcome of a lack of regulation is more expense for the public health system. It has to pay for any associated illnesses from unregulated vapes as criminal groups pay no tax on their income. 

    If the vape ban is made concrete by being included in the constitution, there are concerns that these already serious issues would be made much worse. 

    As has been proven in other countries such as Australia, vape laws don’t make the legal market - which continues to grow - disappear. It just gets passed into the hands of organised crime, making their power and the potential for violence balloon. 

    “Organised crime is using this money for bribes, for weapons, for bullets – to finance wars like the one we are seeing in Sinaloa right now,” Mr Balderas said.

    ‘Banning something doesn’t make it safe’

    Academic Angélica Ospina, who researches drug use and harm reduction, said that although the ban aims to reduce the number of young people vaping, it will have worrying unintended consequences. 

    “Theoretically, the vape market is directed at adults who smoke,” she said. “But there is also strategic marketing directed towards young people: the colours, the designs, the flavours.

    “However, the move to ban vapes will not address these concerns. Banning something doesn’t make it safe. It only means we don’t see it. It removes it from sight. And that’s a problem - because it throws it in a dark place.”

    Vape advocates and harm reduction experts argue that a more effective alternative to banning vapes would be to regulate them in a similar way to tobacco and alcohol. These are monitored by health agencies, taxed, and illegal to buy for under 18s. 

    “We’re adults,” Mr Balderas said. “Maybe we want to drink a few mezcales [a distilled alcoholic drink]. We know it’s not as healthy as water - but at least we know it’s been checked and the ingredients are of high quality.”

    Regulation would mean increased tax revenue

    Mr Balderas says the taxes raised from this method could go straight to the health system. It would also mean that legal companies, that pay their taxes, could enter the low-cost vape market that is currently dominated by organised crime. 

    “But once organised crime takes a market, it’s very difficult to get it back,” he  said.

    Ms Ospina said: “We tend to think in terms of markets black and white: the legal and the illegal. But really it’s often a grey market, but there are darker and lighter greys. And the issue is how we reduce harm.”

    In March, a crowd of vapers protested in front of Mexico’s Congress of the Union, calling for the country’s existing vaping ban to be replaced with risk-based regulation. 

    Deputy Sergio Barrera said at the time: “It is very unfortunate that the federal government thought that the ban would prevent many young people from having access to vaping and does not give people who want to quit smoking the opportunity to use this option. 

    “We need to have clear rules. We need to know who can produce it, who can distribute it and who can consume it, and that is why we are pushing for regulation.”

    Smoking causes more than 40,000 deaths a year in Mexico, which has a relatively high smoking rate of 11.6 per cent (15 million people).

    Take Action Now!

    Sign up to our newsletter to get important news and alerts as it happens

    By clicking Sign Up you're confirming that you agree with our Terms and Conditions.

    FAQs

    Campaigning can be difficult, especially if it's not your full time job, but we're here to make it simpler. In this section, you'll find answers to frequently asked questions about legislative processes, advocacy strategies, and how you can effectively participate in shaping policies.

    What is advocacy and how can I get involved?

    Simply put, advocacy is organising a group of likeminded people who campaign for a change in government policy by talking to the people in power. This can take many forms, from posting on social media, to writing to your local politicians, to arranging meetings with the government or responding to consultations. We help by providing the information and tools you need to do this effectively.

    How can I track the progress of legislation?

    Government websites will usually contain a list of the legislative files that are in the process of becoming law. However, these kinds of websites are designed for legal and political professionals, and they can often be confusing for the general public. We help by keeping our ear to the ground, looking out for development in tobacco harm reduction proposals, and then make sure you have an easy-to-use summary.

    What's the best way to contact my representatives?

    Politicians are people too, and like everyone else, the best way to get messages to them varies from person to person. Some like email or even traditional mail, while others are constantly checking their social media feeds. They all have one thing in common though: they need to keep up to date with what matters to the people they represent. We help you find yours by keeping databases of politicians and candidates across Europe alongside all of their contact details, so you can quickly find out how to reach the person you need.

    Can I make a difference?

    Yes! The only reason that harm reduction is still alive and kicking in Europe today is because people like you, with no political or campaigning background, took action to protect the availability of the products they rely on to stay smoke free. We've got lots of articles that talk about when and how this has happened in the past, which we hope will inspire you to get involved and make a difference.

    Still have questions?

    Send us an email and we'll get back to you.

    Stay Updated with Our Newsletter

    Sign up for our newsletter to receive regular updates and stay engaged.

    By joining, you agree to our Terms and Conditions.
    Be part of something great

    Join the community

    Make a positive change in the world of tobacco harm reduction
    Thank you! Your submission has been received!
    Oops! Something went wrong while submitting the form.
    Email
    Please fill out the form below to get in touch with us.
    hello@clearingtheair.eu