Introduction
What has the new decree prohibited?
Why has marketing all delivery devices been prohibited in Mexico?
On 31 May 2022, a new decree entered into force following its publication in the Federal Official Gazette on the same day. The decree prohibits the following items from being circulated and marketed in Mexico, regardless of their origin:
- electronic nicotine delivery systems (SEAN);
- similar systems without nicotine (SSSN);
- alternative nicotine consumption systems (SACN);
- electronic cigarettes and vaporising devices with similar uses; and
- solutions and mixtures used in said systems.
Previously, on 22 October 2021, the Decree amending the Tariff of the General Import and Export Duties Law was published in the Federal Official Gazette (for further details please see "Import of alternative systems of nicotine consumption into Mexico is prohibited"), which prohibited the import and export of:
- SEAN;
- SSSN;
- SACN;
- electronic cigarettes; and
- vaporising devices with similar uses.
What has the new decree prohibited?
The new decree has added solutions and mixtures used in the above systems to the list of items that are prohibited from being circulated and marketed in Mexico. In case of non-compliance, penalties will be imposed.
Why was the marketing of all delivery devices prohibited in Mexico?
There were several reasons behind the need to regulate the marketing of delivery systems, including that:
- the fundamental right of every person to health and a healthy environment for their development and well-being must be protected;
- the use of SACN generates inflammation of the respiratory tract due to the temperature ranges in which irritating toxic elements included in the aerosol are produced; and
- Mexico wanted to prevent non-smokers, young people and the most vulnerable age groups from starting to consume these new and emerging systems (SEAN, SSSN, SACN, electronic cigarettes and vaporising devices).
For further information on this topic please contact Edmundo Elías-Fernández, Daniel Torres-Güémez or Daniel Ascencio-Zamarripa at Ramos, Ripoll & Schuster by telephone (+52 55 1518 0445) or email ([email protected], [email protected] or [email protected]). The Ramos, Ripoll & Schuster website can be accessed at www.rrs.com.mx.