Mexican Court Rules in Favor of E-cigarette Sales

According to reports from Mexican media, four retail chains including Sanborns, Benavides, 711, and Oxxo will be able to freely sell e-cigarette products thanks to a law protection driven by businesses, despite the e-cigarette sales ban imposed by the Mexican President.

This means that Philip Morris International (PMI) will be able to freely distribute its e-cigarette products in Mexico. According to a report in the newspaper Milenio, an anonymous source revealed that Oxxo obtained a final ruling from the Second Administrative Court of Mexico City on August 10, 2023.

These retailers have stated that the recent ruling highlights the urgency of regulating the e-cigarette market. They believe that such regulation would benefit consumers, businesses, and government agencies as it would ensure the quality of all products, reduce the prevalence of unauthorized markets, and create a more transparent and competitive market.

Further reading: President banned e-cigarettes one year ago.

In May 2022, Mexican President Andrés Manuel López Obrador signed a decree prohibiting the import and sale of e-cigarette products, as well as heated tobacco products. The reason behind this decision is that they pose a greater health risk compared to traditional cigarettes and can cause harm to human health. Philip Morris International (PMI) secures the first-ever e-cigarette sales injunction.

According to reports, Philip Morris International (PMI) has objected to Mexico's e-cigarette ban and has filed an appeal. The decision was made by the 22nd Circuit Administrative Court in Mexico City, which deemed the presidential decree signed by Andrés Manuel López Obrador in May 2022, prohibiting the sale and distribution of e-cigarettes and heat-not-burn products, as unconstitutional.

This ruling has enabled Philip Morris International (PMI) to successfully "win over" the Mexican government in the sale of e-cigarettes. Moreover, this federal injunction is not affected by presidential orders and does not allow the federal government to appeal.