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

Special Report | Altria's NACS Booth Raises Questions Over U.S. Tobacco Advertising Warnings
Special Report | Altria's NACS Booth Raises Questions Over U.S. Tobacco Advertising Warnings
During its coverage of Altria's booth at NACS Show 2026, 2Firsts documented product displays that prompted questions about U.S. tobacco advertising warning requirements. Following public comments from a former FDA official, 2Firsts sought responses from Altria and independently consulted U.S. regulatory lawyer Azim Chowdhury. Altria maintained that its B2B communications complied with applicable laws, while Chowdhury explained that federal warning rules provide no general trade-show exemption for e-cigarettes and nicotine pouches. The special report examines the broader regulatory implications.
Nov.04
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Kelly White Bets on Female Consumers as Nicotine Pouch Competition Intensifies | 2Firsts Interview
Swedish nicotine pouch brand Kelly White is building its strategy around adult female consumers. Founder and CEO Sophia Wilsby told 2Firsts that women accounted for around 70% of the brand’s repeat customers on HAYPP in Sweden in 2025. The interview explores female consumer segmentation, product and design differentiation, gender stereotypes, packaging regulation, and how independent brands can compete with global players such as ZYN and VELO while considering funding, partnerships and future ownership options.
Business
Sep.24
Los Angeles Cracks Down on Illicit Flavored Vapes and Counterfeit Goods: 12 Businesses Searched, 24 Arrested, Eight Truckloads Seized
Los Angeles Cracks Down on Illicit Flavored Vapes and Counterfeit Goods: 12 Businesses Searched, 24 Arrested, Eight Truckloads Seized
Los Angeles authorities searched 12 businesses and arrested 24 people during a multi-agency operation targeting illicit flavored vaping products, flavored cigarettes and counterfeit merchandise on October 22, 2026. The Los Angeles County Sheriff's Department said approximately eight tractor-trailer loads of merchandise were seized. Alleged violations involved flavored tobacco sales restrictions, tobacco licensing requirements and counterfeit trademark laws. Local, state and federal agencies participated. Authorities have not disclosed the number, brands or value of vaping products seized. Investigations remain ongoing.
Enforcement
Oct.28
Product | SMOORE's VAPORESSO Introduces VAST Refillable Vape With Three Resistances in One Pod
Product | SMOORE's VAPORESSO Introduces VAST Refillable Vape With Three Resistances in One Pod
SMOORE-owned vaping brand VAPORESSO introduced the VAST refillable open-system vape in October 2026, featuring Tri-Core Mesh technology that integrates three resistance configurations—0.8Ω, 0.6Ω and 0.4Ω—within a single pod. The device supports different operating modes and e-liquid types. The standard version features a 10mL pod, while a TPD-labelled configuration combines a 2mL pod with an 8mL refill container. The device has a 1,600mAh battery and a maximum output of 30W. VAPORESSO claims up to six pod refills and a tested coil lifespan of up to 150,000 puffs. The UK's MHRA published a related device notification on October 12. The official MSRP is $25.90, compared with a $35.90 listing on VAPORESSO's direct store.
product
Oct.30
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
FDA Unifies Tobacco Registration and Product Listing Form Across Product Categories
The U.S. FDA has consolidated two tobacco establishment registration and product listing forms into a redesigned Form FDA 3741 covering all regulated product categories, including e-cigarettes, heated tobacco products and nicotine pouches. The current requirements remain limited to domestic establishments. Separately, the FDA has proposed extending registration and product listing requirements to foreign manufacturers, signaling greater regulatory attention to manufacturing entities and product-level information across the tobacco and nicotine supply chain.
FDA
Sep.30
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa plans to publish its first vapor products directory on November 16, 2026, after which products not listed will be prohibited from sale or offer for sale in the state. The Department of Revenue expects to begin penalty enforcement on December 17, following an initial 21-business-day period focused on compliance education. Under House File 2677, retailers, distributors and wholesalers selling unlisted products face civil penalties of $300 per product per day, while manufacturers face $1,000 per product per day. Eligibility extends to FDA-authorized products and certain products meeting historical marketing and pending PMTA requirements. The directory program resumed after a federal appeals court vacated a preliminary injunction in July 2026.
Regulations
Nov.05