Mexico’s ban on the sale of e-cigarettes is unconstitutional, the nation’s top arbiter ruled, according to Reuters. The Second Chamber of the Supreme Court found that the presidential decree that established the prohibition contravenes freedom of commerce.
The ruling permits only retailers who were parties to the case to sell e-cigarettes, however. If other retailers want to sell e-cigarettes, they must file their own court cases to declare the unconstitutionality of the ban in their specific instances.
Alberto Gomez Hernandez, policy manager of the World Vapers’ Alliance, welcomed the decision of Mexico’s high court, saying that the decree violates not only the freedom of trade of the companies but also the right to health of Mexican adults. “Mexicans should be free to decide how they consume nicotine,” Gomez said in a statement.
Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon.
The declaration of unconstitutionality was carried out in an amparo lawsuit—a type of lawsuit in Mexico through which a company can seek legal protection or permission not to abide by regulation that violates its rights.
The general ban will stay in place since the ruling applies only to that specific case and business.
“Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon,” said Gomez. “The ban has failed; it has aggravated the public health problem of smoking in Mexico and has created a huge black market controlled by mafias.
“Mexico needs to abandon the ban and adopt a strategy that includes the use of less harmful nicotine products as a smoking cessation tool. It should follow the example of Sweden, which is about to become the first smoke-free country, and the U.K., which promotes the use of vapes to quit smoking.”
