As of Friday, January 16, Mexico has enforced a definitive prohibition on the production, distribution, and commercialization of electronic cigarettes and vapes. The new decree, published in the Official Gazette of the Federation (DOF), marks a historic shift in national health policy, prioritizing public health over commercial interests. The reform to the General Health Law and the Constitution establishes severe punitive measures, including prison sentences of up to eight years for those involved in the supply chain.
Key Takeaways
- Prison Sentences: Individuals involved in the production, distribution, or import of vapes face 1 to 8 years in prison.
- Heavy Fines: Economic sanctions range from 100 to 2,000 UMAs, translating to fines between 11,300 and 226,000 pesos.
- Constitutional Ban: The decree modifies Articles 4 and 5 of the Constitution, explicitly banning any profession or commerce related to these devices.
- Consumer Status: Personal use is not criminalized (no jail time), but using devices in smoke-free areas carries administrative fines up to 3,000 pesos.
The Legal Hammer: From Administrative to Penal
Our analysis of the new legislation reveals a critical “Hidden Trend”: the Mexican government is moving from regulation to criminalization of the industry. Initiated by President Claudia Sheinbaum Pardo and approved by Congress in December 2025, the law aims to combat emerging health risks linked to vaping. Interestingly, the reform does not just ban sales; it attacks the entire logistics chain. Activities such as storage, transport, and even advertising are now federal crimes.
The Federal Commission for Protection against Sanitary Risks (Cofepris) is empowered to execute immediate closures of establishments and seize all merchandise. This “zero tolerance” approach effectively revokes any prior permits companies may have obtained through legal injunctions (amparos).
Comparison Matrix: The New Prohibitions
To understand the scope of this crackdown, we must look at the specific penalties now in effect.
| Activity | Previous Status | New Penalty (Jan 16) |
|---|---|---|
| Commercial Sale | Regulated / Grey Market | 1-8 Years Prison + Fines |
| Import/Export | Restricted | Total Constitutional Ban |
| Personal Possession | Allowed | Decriminalized (No Jail) |
| Public Use | Restricted | Fine up to 3,000 Pesos |
The “Click-Deep” Detail: What Happens to Consumers?
While the law is draconian for sellers, it explicitly avoids criminalizing the individual user. The text clarifies that no person will be arrested solely for vaping or possessing a device. However, the “smoke-free” restrictions have been tightened. Vaping in closed public spaces or collective areas is now legally equated to smoking conventional tobacco, subjecting users to administrative fines. The government argues this is necessary to protect third parties from aerosols containing heavy metals and carcinogens.
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