Panama’s Supreme Court has agreed to hear a lawsuit that claims the country’s 2022 ban on electronic cigarettes and heated tobacco is unconstitutional – a move seen as a positive first step by tobacco harm reduction groups in the Central American nation.

In early August, the Panamanian Tobacco Harm Reduction Association (ARDTP) presented a lawsuit to the Supreme Court arguing that Law 315, which bans the use, sale and import of e-cigarettes and heated tobacco in the country, is unconstitutional and should be repealed.

Then, on 21st September, the Supreme Court elected to move forward with the claim presented by the ARDTP. The court is expected to debate the constitutionality of the ban over the coming months.

“If the court agrees to hear a case, it’s because it has determined there is sufficient evidence to support a claim,” Tomas Sanchez, president of the ARDTP, told ECigIntelligence. “The court will now review the evidence we presented that reinforces our claim of unconstitutionality, verify it and determine if we are correct or not.”

Sánchez explained that, should the Supreme Court determine the unconstitutionality claim is valid, Law 315 would be returned to the country’s Legislative Assembly to be revised. Once modified by the Legislative Assembly, the law would be returned to the Supreme Court to be validated as constitutional or not.

He added that, if the Supreme Court determines the law should be repealed, the Legislative Assembly would have to draft new legislation to supplant Law 315.

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