As South America leans more and more towards prohibition, Mexico’s second chamber of the supreme court has deemed the local vape ban unconstitutional.

Mexico has set new stringent tobacco regulations as part of the General Law for Tobacco Control reform, with the aim of curbing smoking and promoting public health. The comprehensive measures build on existing federal and state tobacco control laws from 2008, and include a complete ban on the promotion, advertising, and sponsorship of tobacco products.

With the above, new regulations regarding the sales and use of vaping products have been included. However Mexico’s ban on vape sales has been deemed unconstitutional by the nation’s top court, the Second Chamber of the Supreme Court, with three favorable votes.

Local vape merchants will be able to challenge the ban

The ruling asserts that the presidential decree enforcing the ban violates freedom of commerce, presenting a legal setback for the government’s attempt to restrict vape sales in Mexico. However, part of an amparo lawsuit, this ruling applies specifically to the case in question. Hence the general vape ban remains intact.

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