Mexico Supreme Court Rules E-cigarette Ban Unconstitutional

Nov.11.2024
Mexico Supreme Court Rules E-cigarette Ban Unconstitutional
Mexico's Supreme Court ruled the ban on importing e-cigarettes and related products unconstitutional, benefiting Philip Morris International.

According to a report from Meganoticias on November 10th, the First Chamber of Mexico's Federal Supreme Court ruled that the ban on importing e-cigarettes and related products is unconstitutional.


The ruling was based on the Customs Law of June 7, 2022, and the project proposed by Judge Jorge Pardo Rebolledo received a majority vote. This decision is considered to be favorable to Philip Morris International (PMI) Mexico, as the law was deemed to impose excessive restrictions on commercial freedom.


The court ruled that allowing PMI to import e-cigarette devices does not mean unrestricted consumption of the solutions or substances used in these products. This decision does not amount to a blanket approval of e-cigarette usage and is limited to the mentioned company, and will not affect the potential introduction of other similar products in the market.


The project approved by the Supreme Court clearly states that this decision does not signify universal support for any type of e-cigarette substance, including heated tobacco and alternative nicotine consumption systems. The protective measures granted to PMI protect the company from future restrictions and establish a legal precedent that could impact future lawsuits. The ruling explicitly states that this protection will remain in place until the "Import and Export Tax Law" is amended, which is crucial for the tobacco industry and its derivative products.


According to estimates by the Mexican government, approximately 938,000 adolescents have tried these devices, with around 160,000 being regular users. Despite a ban in place, the number of e-cigarette users has significantly increased, with reports in 2023 indicating that the number of e-cigarette users has reached 2.1 million, a significant growth from 975,000 in 2019.


In October 2022, the Supreme Court of Mexico ruled that certain restrictions were unconstitutional, allowing certain groups to continue applying for protection to import and sell these products.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Virginia appeals to the Fourth Circuit over partial block on flavored vape ban enforcement
Virginia appeals to the Fourth Circuit over partial block on flavored vape ban enforcement
Virginia has asked the Fourth Circuit to overturn a district court order that partially blocked enforcement of the commonwealth’s flavored vape ban. In a notice, the state told U.S. District Judge David J. Novak it seeks to upend his December ruling that Virginia’s Chapter 23.2 statute is preempted by the Food, Drug and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act.
Jan.12 by 2FIRSTS.ai
Polish Government Plans Ban on Flavoured Nicotine Pouches and Disposable E-Cigarettes
Polish Government Plans Ban on Flavoured Nicotine Pouches and Disposable E-Cigarettes
Poland’s government is preparing to amend the Act on Protection of Health from the Consequences of Tobacco Use to ban the sale of flavoured nicotine pouches and disposable e-cigarettes. The Health Ministry says the goal is to protect youth from nicotine addiction, citing World Health Organization data on the risks of such products. However, industry representatives and legal experts argue the proposal is abrupt and could expand the illicit market.
Dec.05 by 2FIRSTS.ai
iMiracle and VPR Reach Preliminary Settlement in ‘Elf’ Trademark Dispute, Potentially Ending Three-Year Legal Battle
iMiracle and VPR Reach Preliminary Settlement in ‘Elf’ Trademark Dispute, Potentially Ending Three-Year Legal Battle
According to Law360, VPR Brands and iMiracle have filed a joint notice in federal court in Florida stating that they have signed a settlement term sheet and plan to finalize a global settlement within 30 days that would resolve multiple lawsuits. The dispute, which began in 2022 and centers on the “Elf” trademark, has involved injunctions, counterclaims and a key ruling by the Federal Circuit overturning a lower court’s order.
Dec.11 by 2FIRSTS.ai
French Council of State Strikes Down Total Vape Ban in French Polynesia
French Council of State Strikes Down Total Vape Ban in French Polynesia
France’s highest administrative court, the Council of State, has ruled that Article 76 of French Polynesia’s tobacco law establishing a total ban on vaping products is illegal. The provision, adopted in August and due to take effect by 2027, was successfully challenged by local importers and distributors.
Dec.25 by 2FIRSTS.ai
Japan Tobacco International Malaysia Appoints Didier Ellena as Managing Director; Predecessor Reassigned to North Asia Role
Japan Tobacco International Malaysia Appoints Didier Ellena as Managing Director; Predecessor Reassigned to North Asia Role
Japan Tobacco International (JTI) Malaysia has appointed Didier Ellena as managing director, effective Jan 5. Ellena has spent more than 30 years with JTI and has held leadership roles across multiple countries and regions. His predecessor, Juliana Mohd Yahaya, will become vice president of sales and marketing for JTI North Asia.
Jan.15 by 2FIRSTS.ai
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
U.S. Court Rules Zyn Marketing Dispute Can Proceed, Rejects Philip Morris International’s Bid to Dismiss
A U.S. federal court in Florida denied Philip Morris International and its subsidiaries’ motion to dismiss, allowing consumers to proceed with claims under the Florida Deceptive and Unfair Trade Practices Act alleging that Zyn nicotine pouches’ “tobacco-free” marketing is misleading. The court held that the allegations do not amount to a fraud claim and may move forward to the merits stage.
Dec.15 by 2FIRSTS.ai