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.
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