A key fix to the ban on vaping devices
In a significant turn, the Chamber of Deputies approved a crucial modification to the reform of the General Health Law that prohibits the manufacture and marketing of electronic cigarettes and vaping devices. The amendment, promoted through a reservation by the coordinator of Morena, Ricardo Monreal, had the explicit objective of excluding personal consumption and possession for own use from any sanction. This adjustment responds to initial criticism that the original ruling could criminalize users, deviating from the stated purpose of dismantling production and distribution networks.
The core of the sanctioning reform remains intact: penalties of one to eight years of prison are established, in addition to fines that range between 100 and 2,000 times the value of the Measurement and Update Unit (UMA), for those who manufacture or sell these devices. The law now more precisely specifies its scope, explicitly prohibiting disposable or single-use systems and those that heat, vaporize or atomize toxic substances, whether liquids, gels, salts or waxes, with or without nicotine. This technical wording closes an ambiguity in the initial version that only mentioned substances “other than tobacco”, thus avoiding possible legal loopholes that could be exploited by the industry.
Warnings about the impact and strengthening of the illegal market
Despite the correction, opposition legislators raised fundamental criticisms of the absolute prohibition strategy. They argued based on international evidence that this approach, when not accompanied by a robust system of prevention and responsible regulationblack market. Representative Paloma Domínguez Ugarte (PRI) warned that the policy leaves intact the space for smuggling and adulteration of products, shifting demand towards clandestine channels without sanitary control.
The analysis of the opposition focuses on practical and security implications. Claudia Ruiz Massieu (MC) stressed that, far from solving the public health problem, the ban could directly benefit organized crime. He cited estimates that up to 90% of the vape market in Mexico is controlled by criminal groups, making it a lucrative source of financing for illicit activities. This point reveals a central paradox: a law designed to protect the population, particularly young people, could, in practice, expose them to adulterated and untraceable products, while enriching criminal networks.
The reform, with its correction included, was endorsed by 292 votes in favor and 163 against, and its minutes were sent to the Senate of the Republic to continue its legislative process. The debate has made clear the complexity of legislating on addictions and consumption, marking a division between the prohibitionist strategy and that which advocates a strict regulatory framework that includes quality control, surveillance at points of sale and health education.
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