The Chamber of Deputies approved the reform of the General Health Law that prohibits the production, distribution and sale of vapes and electronic cigarettes in Mexico, an initiative promoted by President Claudia Sheinbaum. The amendment, adopted with 324 votes in favor and 129 against from the PAN, PRI, Movimiento Ciudadano and part of the Green Ecological Party of Mexico, provides for penalties of one to eight years in prison and fines of up to 226,000 pesos for those who acquire, manufacture, store, transport or market vaping devices for profit.
The most controversial point since Pedro Zenteno (Morena), president of the Health Commission, launched the initiative, has been that of criminal sanctions, since the PAN, PRI and Movimiento Ciudadano bloc affirmed that the reform represents a criminalization of consumers. Faced with criticism, Morena announced that it would add a reservation to clarify that users will not be sanctioned. The Commission warns that the sale of these devices, many of which are imported irregularly, is increasing, driven by campaigns that present them as tools for stopping smoking, in a discourse that particularly confuses adolescents, who are among the main consumers of these products. “The aim is to protect children and young people from harmful products,” stressed Zenteno, who assures that these products “have exploited regulatory loopholes and targeted children and adolescents with attractive designs and misleading advertising suggesting safety”.
During the debate which lasted more than three hours, some opposition MPs took to the stands with lit vapes, while accusing the government of promoting a law that could encourage the black market. “The most prohibitionist, authoritarian and absurd reform this country has seen in decades,” said Irais Reyes of Movimiento Ciudadano. “In what world is vaping more dangerous than hitting, humiliating or carrying weapons? he said. “Young people’s health is not for sale,” Zenteno concluded.
Since the ban on its sale was promulgated three years ago, campaigns to defend its consumption have multiplied. Activists and initiatives such as México and Mundo Vapeando have also sprung up, arguing that the ban is counterproductive and fuels the smoking crisis. Last June, a group of activists staged a protest with mariachis in front of the Senate, where they demanded “risk reduction strategies that protect public health and the rights of millions of Mexicans.”
On the PRI side, representative Ana Isabel González stressed that the law “prohibits not only sale, but also consumption and possession,” and warned that it would open the door to abuse by local authorities. “Be careful what you vote for, a boy with a vape pen in his backpack can be extorted or arrested,” insisted Rubén Moreira, who asked to pause and review the real scale of the crime.
Despite the controversy, Morena and her allies approved the package, which also includes other reconfigurations, such as Sheinbaum’s request to strengthen the Health Ministry’s powers in the group purchasing of medicines and the procurement of high-tech medical equipment. It also includes provisions aimed at combating the trafficking of chemical precursors used in the manufacture of fentanyl, as well as new rules for the control of dangerous substances. This combination was also criticized by the opposition, who pointed out that the document “lumps together” unrelated issues to speed up its approval. Morena defended that all initiatives are part of a “comprehensive health strategy”. With the wide margin available to the ruling party to obtain the necessary qualified majority, if approved this week, the opinion will be sent to the Senate.
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