Costa Rica Ruling Party Lawmaker Proposes Vape Ban as Experts Warn of Black Market Risks

Key Points

• A lawmaker from Costa Rica’s ruling party has proposed a full ban on e-cigarettes, nicotine-free devices, and heated tobacco products.
• The Health Ministry has recorded 25 vape-related intoxication cases this year, mostly among those aged 10–17.
• Experts warn that a comprehensive ban could spur black-market activity and allow more dangerous products to circulate.
• If passed, Costa Rica would join several Latin American countries that already enforce complete vape bans.

2Firsts, December 3, 2025 — According to The Tico Times, Ada Acuña, a legislator from the ruling Partido Progreso Social Democrático, submitted bill No. 25.309 on November 18, proposing a nationwide ban on the import, sale, use, and production of e-cigarettes and related products.

The bill seeks to outlaw all activities involving electronic nicotine delivery systems, including nicotine-free electronic devices and heated tobacco products. The ban would cover distribution, manufacturing, storage, transportation, advertising, and all components such as liquids, batteries, cartridges, and accessories. The Ministry of Health would be required to publish a list of prohibited substances associated with these products.

Acuña argues that the current law, enacted in 2021, has failed to curb the spread of vaping among young people. She notes that minors have been able to obtain vapes through delivery services without age verification. The Health Ministry has recorded 25 vape-related intoxication cases this year, most involving individuals aged 10 to 17. In 2023, a 16-year-old spent 29 days in intensive care due to a lung condition linked to vaping.

Acuña cites health risks including burns, chronic lung damage, heart problems, eye injuries, and harm to multiple organs. She also points to the appeal of over 16,000 fruit flavors and discreet product designs, which draw in adolescents and increase addiction risks.

The proposal would repeal the existing Law 10.066, which imposes a 20% tax on these products, with revenues allocated to the Caja Costarricense de Seguro Social to fund high-cost medicines for smoking-related illnesses. However, the agency has not received any tax payments for at least a year, prompting debate among government entities about enforcement. Acuña stated that if the new law advances, the future of the tax would need to be reassessed in consultation with relevant institutions.

Eight Latin American countries—Argentina, Brazil, Mexico, Nicaragua, Panama, Suriname, Uruguay, and Venezuela—currently enforce full bans on e-cigarettes. Costa Rica has so far taken a partial regulatory approach, including a 2024 restriction on products containing synthetic nicotine or cannabinoids. The World Health Organization (WHO) and Pan American Health Organization (PAHO) have called for stronger controls, though critics argue their stance remains mild amid the product’s rapid growth.

The bill stems from Acuña’s work on the legislative social affairs committee, after a previous Health Ministry proposal stalled. She introduced this version independently, separate from the initiative being developed by Vice President and Health Minister Mary Munive. As the legislature is currently in extraordinary sessions, the proposal must be placed on the agenda by the executive branch before it can be debated.

Experts have warned of potential unintended consequences. Attorney Larry Hans Arroyo cautions that a full ban without strong enforcement could fuel a black market filled with more dangerous products. The National Anti-Tobacco Network similarly warns that weak customs and policing could enable organized crime to introduce low-quality, toxic goods, heightening risks for young people. Public health specialist Jeancarlo Córdoba adds that the existing law has been fully in force for less than a year, making judgments of its failure premature; he advocates for stricter regulation rather than repeal.

Supporters argue that a comprehensive ban would prioritize the health of children and adolescents and align Costa Rica with neighboring countries such as Panama and Nicaragua. The proposal now awaits further legislative action.

Cover image: The Tico Times