By Timothy S. Donahue

Top Takeaways:

• Mexico has now constitutionalized a ban on the vape industry, but key secondary laws are still pending.
• Vaping has technically been banned since 2008, yet a thriving gray and illicit market continues to operate.
• Public-health and consumer groups argue for “intelligent regulation,” citing a study that projects MX$6.94 billion in potential annual tax revenue.

Mexico is moving into a new phase of its long-running battle over e-cigarettes, with a constitutional reform now in force that explicitly targets the vape industry while lawmakers debate how far a de facto prohibition should go in practice.

In December 2024, Mexico’s Congress approved a reform to Articles 4 and 5 of the Political Constitution in the area of health protection.

The change, published in the federal Official Gazette and in force since January 2025, instructs lawmakers to sanction all activities related to electronic cigarettes, vapes, and other similar devices, as well as the production, distribution, and sale of certain “toxic substances” and illicit synthetic drugs, including non-medical fentanyl.

The new second paragraph of Article 5 goes further by stating that “the profession, industry, internal or external commerce, work or any other activity” related to those products and substances is prohibited, effectively constitutionalizing a ban on the legal vape industry.

The reform passed the Chamber of Deputies with 410 votes in favor and 24 against; the only bloc voting “no” was Movimiento Ciudadano. The Senate later approved the measure unanimously, making Mexico the first country to embed a vape ban directly in its constitution.

Longstanding de jure ban, weak de facto enforcement

Mexico has officially restricted e-cigarettes for over a decade. Since 2008, the General Law for Tobacco Control has banned the trade, sale, distribution, import, and promotion of any product that “resembles” a cigarette but is not tobacco. Authorities have consistently interpreted this clause as covering e-cigarettes and heated tobacco products.

Presidential decrees in 2020 barred the import of e-cigarettes and heated tobacco products, and a further decree in May 2022 prohibited the circulation and commercialization of electronic nicotine delivery systems, non-nicotine systems and similar vapor devices nationwide.

However, enforcement has been inconsistent. Mexico’s Supreme Court ruled in 2021 that the original statutory ban on commercialization in Article 16 of the tobacco control law was unconstitutional in a specific case, creating a “gray area” where some retailers obtained court protection to sell vaping products while the overall prohibitions remained in place.

Despite the formal bans, e-cigarette use continues. A World Bank–supported overview notes that importation, distribution, marketing, and sales of e-cigarettes are officially banned; however, e-cigarette users can easily obtain the product, indicating that enforcement of the ban is weak.

Tobacco Tactics similarly states that, although the sale and promotion of products resembling cigarettes have been banned since 2008, both adult and youth e-cigarette use remained detectable in national surveys through 2021–2022.

Secondary laws and a regulation vs. prohibition fight

With the constitutional reform now in effect, attention has turned to secondary legislation—particularly amendments to the General Health Law—that will define how the new provisions are enforced, what penalties will be imposed, and whether there is still room for a regulated market for nicotine products.

Legal and policy commentators in Mexico point out that Congress is now required to align ordinary legislation with the new constitutional text within a designated transition period.

While the wording of Article 4 emphasizes sanctions and public health protections, some lawmakers and policy analysts argue that the implementing laws could still differentiate between outright bans and tightly regulated control of electronic nicotine delivery system (ENDS) products.

Advocacy and industry groups are seizing this opportunity to promote an alternative approach. The World Vapers’ Alliance and other consumer organizations contend that prohibition will merely solidify a growing illegal market and compromise product safety.

They refer to a 2025 study by El Colegio de México, cited in several policy and business reports, which estimates that an excise tax (IEPS) on a regulated e-cigarette market could generate up to MX$6.94 billion (around US$375 million) in yearly revenue.

Advocates say this model could merge adult-only access and quality standards with additional funding for public health.

Simultaneously, broader debates on tobacco control continue. The Sheinbaum administration has supported significant increases in tobacco excise taxes starting in 2026, leading to warnings from the National Tobacco Industry Council and business groups that higher prices could boost illegal trade in combustible cigarettes as well.

For now, Mexico remains a jurisdiction where e-cigarette sales, imports, and marketing are banned on paper. Although the constitutional language now targets the vaping profession and industry, a large informal market continues to supply consumers.

How Congress chooses to implement the new constitutional provisions—whether through strict prohibition or some form of differentiated regulation—will determine if that tension is resolved or worsens in the coming years.