Chihuahua.- The sale of vapes has won the war against the various restrictions imposed against their sale in Mexico. From a presidential decree to anti-smoking laws, they have not been able to stop the legal and illegal marketing of this type of product that has been classified by the Ministry of Health as more harmful than the conventional cigarette itself.
This led to legislation on Tuesday to bring the ban on electronic cigarettes to the constitutional level, a decision that has sparked debate in various sectors, since the change could represent a step backwards in terms of human rights.
The Constitutional Affairs Committee of the Chamber of Deputies yesterday approved the ruling that reforms Articles 4 and 5 of the Constitution to establish the prohibition of the production, distribution, marketing and sale of vapes and electronic cigarettes.
The initiative must first be submitted to the Board of Directors and then to the Senate of the Republic for debate starting on September 1. If approved, once it comes into force, all provisions that oppose the content provided for in secondary laws, regulations, agreements and any other regulatory order of an administrative nature would be repealed.
Currently, and despite the existence of a presidential decree that prohibits the import and sale of this type of products in the country, several companies such as Sanborns, Seven Eleven and Oxxo offer them thanks to an injunction that even allows them to be displayed.
More than 120 million pesos moved in Chihuahua
Furthermore, as previously documented by El Diario de Chihuahua, vapes have established themselves on the black market as a business that moves more than 120 million pesos per month in the state of Chihuahua alone, according to estimates based on the 200,000 users that the State Commission for Addiction Care (Ceadic) registered in 2023.
Most of them are sold on social media with an average price of 300 pesos (although the amounts vary widely and range from 150 to 400, and can even exceed 1,000 pesos), and each user uses at least two in a month.
For its part, the State Commission for Sanitary Risks (Coespris) reported that it does not carry out insurance on these products, as this is the responsibility of other bodies, such as the Tax Administration Service (SAT).
There is concern about its use among the child population
However, according to the Commission’s spokesperson, they have seized vaporizers, but in general, along with other products, in various inspections and not specifically in search of electronic cigarettes, which are offered mainly on social networks and in the fewest cases in establishments.
On the subject, the director of the Youth Integration Center (CIJ), Ramiro Vélez, stressed that the lack of agreements has allowed the marketing of these products to prevail, since in theory they should not be sold, but their consumption continues to increase, causing concern especially regarding their use among the child population.
“We celebrate what is happening in Congress, as they are closing the door, in a way, to certain issues that seemed to be legal loopholes and that were used for the marketing and sale of this type of electronic cigarettes, vapers and everything related to the issue of emissions,” explained Vélez.
He recalled that it is expressly prohibited, since “there is a very significant fine of up to 150 thousand pesos for establishments or people who are dedicated to the sale of these.”
“Unfortunately, in the context of prevention, we have found that more and more children and adolescents see them as a healthy strategy to stop smoking or as having fewer risks compared to smoking; however, at the CIJ we have taken on the task of talking about the many risks that they entail,” he added.
Myths about its consumption
The director stressed that there are many myths that lead to the loss of perception of risk in the consumption of these substances and that in Chihuahua people are increasingly starting to use them at a younger age.
“We have found children in fourth and fifth grade who have already had experimental use of vapers and that is why we continue to plan a broader prevention campaign,” he emphasized.
He said the reform is a step forward in consolidating the ban on vaping.
However, this change would also imply going against the human rights that the Constitution itself must guarantee, something that was exposed in the debate in Congress and that was expressed by the spokesman of the Federation of Colleges and Bar Associations, Ernesto Avilés.
“What they prohibit in terms of freedoms for any person is a step backwards in human rights. First of all, the Constitution in its Article 1 establishes that all people are free to decide their way of life, to think and to act, as long as it does not harm third parties,” he added, “this is not only at the constitutional level, but also the Inter-American Court has made favorable rulings against human rights,” he explained.
In this regard, he explained that the ban might seem beneficial since smoking harms people, but it would restrict individual freedoms and does not guarantee an end to the problem.
He gave an example of the restriction on liquor and alcohol in the United States, which, beyond ending its consumption, favoured a black market that was expensive and uncontrolled, as is now the case with electronic cigarettes.
He also said that the decision as it has been presented will remain imperfect unless it involves sanctions that would have to be given through a Regulatory Law.
Regarding this discussion, we will still have to wait for the ruling and the constitutional change to reach the Senate, meanwhile, the vaping market continues to be in force and expanding in Chihuahua, without previous regulations and prohibitions being able to stop its commercialization and consumption.
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