Top Takeaways:
- Costa Rica is considering a comprehensive national ban on vapes, heated tobacco, and related products as part of a new bill introduced on November 18.
- The proposal mentions increasing youth use, but experts warn a ban might lead to a larger black market.
- The bill would revoke Costa Rica’s 2021 vape law and make the country one of eight Latin American nations that already have full bans.
A Costa Rican lawmaker has introduced a bill that would implement one of the strictest nicotine-product bans in Latin America, proposing to ban the import, sale, use, and domestic production of e-cigarettes, nicotine-free vaping devices, heated tobacco products (HTPs), and all related components.
The measure, bill No. 25.309, was submitted on November 18 by Ada Acuña of the governing Partido Progreso Social Democrático, according to The Tico Times.
The proposal aims to criminalize nearly all activities related to electronic nicotine delivery systems, including manufacturing, distribution, storage, transportation, advertising, retail, and accessories like e-liquids, batteries, chargers, cartridges, and device parts. The Ministry of Health would be instructed to compile a list of banned substances associated with these products, establishing a unified enforcement framework.
Acuña stated that the country’s current regulatory framework, established under Law 10.066 in 2021, has failed to curb youth vaping. She highlighted reports of minors buying vapes through delivery apps without proper age verification and noted that the Ministry of Health has documented 25 vape-related poisoning cases this year.
Most of these involved adolescents aged 10 to 17. In 2023, a 16-year-old was hospitalized for 29 days with a severe lung condition linked to vaping.
Arguing that the risk profile for young people has worsened, Acuña highlighted potential harms such as burns, chronic lung injuries, heart problems, eye damage, and multi-organ effects. She also warned that over 16,000 fruit and candy flavors, along with discreet device designs, have made vaping especially attractive to teens and have increased addiction worries.
The new bill would repeal Law 10.066, which imposed a 20% tax on vape products and allocated the funds to Costa Rica’s public health insurance system, the Caja Costarricense de Seguro Social, to support high-cost treatments for smoking-related diseases. Despite the tax, the agency has not received revenue for at least a year, leading government bodies to question enforcement gaps.
Acuña said that if her proposal moves forward, the fate of the tax program would need to be reassessed with relevant institutions.
If adopted, Costa Rica would join Argentina, Brazil, Mexico, Nicaragua, Panama, Suriname, Uruguay, and Venezuela — eight Latin American countries that already have full bans on e-cigarettes. Costa Rica has so far taken a partial regulatory approach, including a 2024 ban on products with synthetic nicotine or cannabinoids.
Acuña developed the bill while serving on the legislature’s social affairs committee, after a separate Health Ministry initiative stalled earlier this year. She introduced her version independently and not as part of the proposal being drafted by Vice President and Health Minister Mary Munive. Since the Legislative Assembly is currently in extraordinary sessions, the executive branch must first place the bill on the official agenda before debate can begin.
Several legal and public health experts warned of potential unintended consequences, especially if a nationwide ban is not backed by strong enforcement. Attorney Larry Hans Arroyo warned that banning vapes without proper oversight could increase the black market and put youths at risk of more dangerous, unregulated products.
The National Anti-Tobacco Network also warned that weak customs controls might enable organized crime to smuggle low-quality devices into the country. Public health specialist Jeancarlo Córdoba pointed out that the current law has been in effect for less than a year, so it is too soon to say it has failed. He suggested strengthening current regulations rather than repealing them entirely.
The proposal is now waiting to be considered on the legislative agenda for further action.
