Tobacco Regulation: Latin America

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October 2026: Guyana Bans Recreational Vaping Products, Restricting Imports Amid Public Health Concerns

The government of Guyana has announced a ban on the importation and distribution of recreational vaping products, moving to restrict electronic cigarettes to safeguard youth and combat rising rates of nicotine addiction. Under the new policy, the government will restrict the importation of all vapes except those explicitly authorized for therapeutic or medicinal purposes. Any exempted medicinal or therapeutic vaping devices will require strict prior approval from the Ministry of Health, the National Tobacco Control Council, or the Tobacco Control Board.

The measure addresses growing concerns over the widespread, unregulated importation, sale, and use of vaping devices across the country. Aligning with warnings from the World Health Organization (WHO), health authorities emphasize that vaping poses significant risks to respiratory health, mental well-being, and adolescent brain development.

Guyana’s new import restrictions align the country with a growing global trend of governments implementing strict controls on electronic nicotine delivery systems. The policy framework aims to eliminate the unregulated influx of recreational and flavored devices into the domestic market, establishing a regulated oversight mechanism centered strictly on health and therapeutic needs..

May 2026: Argentina Transitions from Prohibition to Regulation of Nicotine Alternatives

Argentina has enacted Resolution 549/2026, establishing a comprehensive regulatory framework for vaping products, heated tobacco, and nicotine pouches – marking a clear shift away from its longstanding prohibitionist approach. The move reflects a more pragmatic policy stance, as authorities acknowledge that these products have been widely available and used despite existing bans, often through informal and unregulated channels. The new framework aims to bring this market under state control by introducing mandatory product registration, ingredient disclosure, and strict standards on manufacturing, composition, and nicotine levels.

In addition, the regulation implements traceability requirements across the supply chain and strengthens enforcement tools to combat illicit trade, with the broader objective of improving consumer safety and regulatory oversight. The framework also adopts a differentiated approach to product categories, while maintaining a cautious public health perspective. Measures such as restrictions on flavors – particularly in vaping products – are intended to address concerns around youth uptake. Nevertheless, the policy signals a transition toward risk-based regulation, balancing market realities with public health objectives and enabling more effective governance of Argentina’s evolving nicotine landscape.

January 2026: Brazil Prosecutors Seek Tougher E-Cigarette Rules to Fight Illegal Market

Brazil’s Federal Public Prosecutor’s Office (MPF) filed a public civil action urging the federal government and health regulator Anvisa to establish strict regulatory rules for electronic cigarettes, replacing the current total ban, which, prosecutors say, has failed to curb use and instead fuelled illegal sales and contraband. The action argues that the absence of a formal regulatory framework hampers sanitary control, exposes consumers – especially the youth – to unregulated products, and increases public health costs, and calls for measures such as mandatory product registration, nicotine limits, prohibitions on youth-targeted advertising, and clear health warnings. The proposed approach would treat e-cigarettes with rules similar to conventional tobacco products to allow effective oversight of manufacture, sale, and marketing in Brazil.

The MPF requests that authorities produce a national consumption report and implementation timeline within 90 days. It also seeks a court order requiring the federal government and Anvisa to pay R$1 billion in collective moral damages, arguing that regulatory inaction has left the public inadequately protected and breached the constitutional right to health and sanitary safety.

January 2026: Mexico Implements Nationwide Ban on Vape and E-Cigarette Commerce

Effective January 16, 2026, Mexico enacts a nationwide prohibition on the commercialization, importation, distribution and sale of vape devices, electronic cigarettes and analogous products under a reform to the General Health Law published in the Diario Oficial de la Federación. The law covers all forms of these products—including disposable and rechargeable units, accessories and related substances—and bars all advertising and promotional activities, though personal possession and use without commercial intent remain lawful. Penalties for violations include one to eight years in prison and fines up to 2,000 times the daily UMA value (- a government-defined economic reference unit; daily UMA value is MX$117.31 for 2026), while health authorities are empowered to seize products and close non-compliant establishments. This measure, pushed through by a broad legislative majority and backed by the federal government as a public health initiative to curb youth vaping and related health risks, reflects growing regulatory stringency despite concerns about enforcement and potential illicit markets.

December 2025: Mexico Introduces Prison Sentences for Commercializing Vape Products

Mexico’s Senate approved a reform to the General Health Law that prohibits the production, importation, sale and advertising of vape devices and electronic cigarettes nationwide, imposing penalties of up to eight years in prison for those who commercialize these products. The measure, backed by the Government, also bans all forms of promotional activities and is aims to reduce health risks, especially among adolescents, who are seen as the main consumers of vape products.

While personal consumption and possession are not penalized, the law targets the supply chain and marketing. Supporters argue the tougher legal framework is necessary because existing prohibitions (like the ban on import and sale since 2022) have not stopped widespread availability through informal channels and online sales. They emphasize protecting vulnerable groups from nicotine addiction and other health harms linked to vaping.

The reform was controversial: opposition parties criticized it, warning that strict prohibition could strengthen illegal markets and leave consumers without safe, regulated information about products. Critics also questioned whether criminal sanctions are appropriate and cautioned about potential abuses in enforcement. Proponents maintained that the law fills gaps in regulation and supports public health objectives. The reform will be formalized once published in the Diario Oficial de la Federación.

December 2025: Mexico Advances Toward a Comprehensive Nationwide Ban on Vaping Products

Mexico is moving decisively toward a full nationwide ban on electronic cigarettes and vaping devices, marking a significant escalation in its public-health and regulatory stance on alternative nicotine products. What began as a debated reform to the General Health Law has evolved into a far more comprehensive prohibition that now covers the manufacture, distribution, sale, import, export and promotion of vapes across the country. The initiative reflects growing concern among lawmakers about youth usage, illicit trade and the perceived public-health risks associated with these products, as well as frustration over the limited effectiveness of earlier partial restrictions.

Since the initial draft circulated by the Chamber of Deputies, the proposal has been strengthened. In late 2024 and into 2025, congressional committees advanced legislation that removes most remaining ambiguities and accelerates Mexico toward outright prohibition. The current framework envisages severe penalties for non-compliance, including prison sentences of up to eight years and substantial financial fines for companies and individuals involved in the production or commercialization of vaping products. Enforcement powers for the national health regulator, COFEPRIS, are also expanded, giving authorities broader latitude to seize products and shut down illegal supply chains.

Earlier points of contention – notably whether heated tobacco products should be excluded from the ban and whether criminal sanctions were proportionate – have largely been overtaken by a more hard-line political consensus. While heated tobacco has not always been treated identically to vapes, the overall policy direction signals a tightening environment for all smoke-free nicotine formats in Mexico. At the same time, critics warn that the draft language risks criminalizing not only sellers but potentially consumers, a concern that continues to fuel debate within the business community and among civil-liberty advocates.

From a market perspective, the move underscores the widening gap between Mexico and jurisdictions that regulate vaping as a harm-reduction alternative rather than banning it outright. Despite previous prohibitions, vaping products remain widely available through informal retail channels, raising doubts about enforceability and the risk of further entrenching black-market activity. Nevertheless, the current legislative push suggests that the Mexican government is prioritizing a zero-tolerance approach over regulatory accommodation, placing the country among the most restrictive markets globally for vaping and electronic nicotine delivery systems.

June 2025: Uruguay Reinstates Ban on E-Cigarettes and Rolls Back Packaging Rules

The government of Uruguay reversed key tobacco control measures introduced under the previous administration by revoking two decrees that had permitted the use of e-cigarettes, including heated tobacco products. The decision effectively reinstates a ban on these products, returning to a more restrictive regulatory stance. In addition to reintroducing restrictions on vaping products, the government also eliminated the requirement for neutral (plain) packaging and labeling for tobacco products. This rollback represents a notable shift in packaging regulation, moving away from standardized branding restrictions that had been part of earlier tobacco control efforts. The policy change reflects a broader regulatory reset, tightening controls on emerging nicotine products while simultaneously easing certain packaging and labeling requirements within the traditional tobacco sector.

December 2024: Mexico Moves to Constitutionally Ban E-Cigarettes

Lawmakers in the Chamber of Deputies of Mexico overwhelmingly approved a constitutional-level prohibition on e-cigarettes, passing the measure by a vote of 410 to 24. The reform represents one of the strongest legal approaches to vaping regulation, embedding restrictions directly into the country’s constitutional health protections framework.

The approved amendment modifies the health protection article of the Political Constitution of the United Mexican States, stating that, in order to guarantee the right to health, the law will sanction all activities related to electronic cigarettes, vapes, and other analogous electronic systems or devices. This language establishes a broad legal basis for prohibiting the entire category of non-combustible nicotine delivery systems.

Following publication of the ruling, the federal Congress is given 180 days to align secondary legislation with the constitutional amendment, while the 32 state legislatures are allocated one year to adjust their respective legal frameworks to ensure nationwide implementation. The reform marks a decisive policy escalation, elevating e-cigarette prohibition to the constitutional level and signaling a comprehensive and coordinated national enforcement approach.

November 2024: Mexican Supreme Court Rules Importation Ban on IQOS Devices Unconstitutional

The First Chamber of the Supreme Court of Justice of the Nation (SCJN) has ruled that Mexico’s ban on the importation of electronic cigarettes and related heat-not-burn products is unconstitutional. The judicial decision establishes that the decree of the General Import and Export Tax Law, enacted on June 7, 2022, imposes disproportionate and excessive restrictions on the commercial freedom of Philip Morris Mexico, the domestic affiliate of Philip Morris International (PMI).

The landmark ruling brings a degree of legal clarity to a highly contentious regulatory battle that began with a 2020 presidential decree, which had left the legal status of heated tobacco and PMI’s flagship IQOS device deeply uncertain. However, the Supreme Court explicitly noted that while the injunction grants PMI the specific right to import its underlying heating hardware, the ruling does not authorize the indiscriminate consumption or unregulated sale of the chemical solutions, e-liquids, or consumables associated with alternative nicotine systems. Furthermore, the high court specified that the injunction applies strictly as a targeted relief for PMI and does not constitute a blanket authorization for other tobacco or vaping competitors currently operating in the Mexican market.

The judicial protection shields PMI against immediate future import restrictions under the current statutory framework, establishing a powerful legal precedent that is expected to heavily influence ongoing and future corporate litigation. According to the court’s text, this specific constitutional protection will remain firmly in place for the company until the federal legislature formally amends the underlying language of the General Import and Export Tax Law.

May 2024: Costa Rica Moves to Ban Synthetic Nicotine and Related Vaping Products

The Ministry of Health of Costa Rica announced a regulatory resolution aimed at prohibiting synthetic nicotine-containing products, further tightening the country’s approach to emerging nicotine alternatives. The measure reflects growing concern over the expansion of non-traditional vaping substances, including those not derived directly from tobacco.

The resolution establishes a broad prohibition covering the sale, use, commercialization, advertising, promotion, and sponsorship of vaping liquids containing synthetic nicotine, as well as cannabinoid-based vaping products. This scope extends beyond retail restrictions to include marketing and promotional activities, signaling a comprehensive regulatory intent.

The initiative represents a precautionary policy stance toward novel nicotine and aerosolized substances, aligning synthetic nicotine and related compounds with increasingly strict controls on alternative vaping products in the country.

December 2023: Heated Tobacco Policy Debate Intensifies in Argentina Amid Tax and Regulatory Lobbying

Media reports point to ongoing policy discussions and industry lobbying activity in Argentina related to tobacco taxation and next-generation nicotine products. Philip Morris International’s local affiliate, Massalin Particulares, has been increasing engagement with policymakers as the newly inaugurated government advances a broader economic reform agenda in response to a severe macroeconomic crisis.

The reported lobbying efforts focus on several key areas, including the potential elimination of the minimum excise tax on cigarettes, a reduction in overall tobacco taxation, and a reassessment of the existing prohibition on heated tobacco products. Proposals also reportedly include the introduction of a differentiated tax structure for heated tobacco products, potentially set at significantly lower levels than those applied to conventional cigarettes.

At the time, Argentina maintains a comprehensive ban on the marketing and sale of e-cigarettes, alongside restrictions on heated tobacco products introduced earlier in 2023. The discussions therefore take place within a regulatory environment that remains largely prohibitionist toward alternative nicotine categories.

August 2023: Venezuela Imposes Comprehensive Ban on E-Cigarettes

The government of Venezuela enacted a sweeping prohibition on e-cigarettes and related products through Official Gazette No. 42,682 (dated August 1, 2023). The measure establishes a broad ban covering the entire value chain of vaping products. The regulation prohibits the production, storage, distribution, circulation, commercialization, import, and export of electronic nicotine delivery systems, as well as their use, consumption, advertising, promotion, and sponsorship. The ban also extends to devices, consumables, cartridges, refill containers, and related accessories, as well as heated tobacco products and similar alternatives.

With this decision, Venezuela becomes the eighth country in the Americas to implement a full prohibition on e-cigarette sales, joining a group that includes Argentina, Brazil, Mexico, Nicaragua, Panama, Suriname, and Uruguay.

March 2023: Argentina Prohibits Heated Tobacco Products Following Existing Electronic Cigarette Bans

The Ministry of Health of Argentina has enacted a comprehensive resolution prohibiting the importation, distribution, commercialization, and advertising of all heated tobacco products nationwide. The federal mandate is driven by official health evaluations citing potential and long-term toxicological harms to human health associated with innovative tobacco heating systems.

The regulatory crackdown expands on a highly restrictive national nicotine policy already in place across the country. Argentina has enforced a complete, blanket ban on the marketing, promotion, and sale of electronic cigarettes and liquid-based vapor products since 2011 under an established National Administration of Drugs, Foods and Medical Devices directive.

By adding heated tobacco platforms to the existing prohibitory framework, federal health authorities intend to block international tobacco networks from introducing new heat-not-burn alternatives to the domestic consumer market. The Ministry of Health stated that the measure is necessary to safeguard public health, protect youth from early nicotine dependency, and prevent the normalization of novel tobacco devices that mimic traditional smoking habits.

January 2023: Mexico Tightens Tobacco Controls with Nationwide Public Smoking Ban

Mexico implemented a major expansion of its tobacco control framework, bringing into force one of the world’s strictest anti-smoking laws. The reform significantly strengthens the country’s 2008 tobacco legislation by extending smoke-free protections to all public spaces. The updated rules establish a comprehensive ban on smoking in virtually all public areas, including parks, beaches, hotels, offices, and restaurants. This marks a shift toward a near-total smoke-free environment in public life, with broad implications for both domestic consumption patterns and enforcement practices.

The legislation also introduces a full prohibition on the advertising, promotion, and sponsorship of tobacco products, including the removal of in-store displays. This tightens restrictions on commercial visibility and marketing across the entire tobacco category. In addition, electronic cigarettes are brought under stricter control, particularly with regard to indoor use, reflecting growing regulatory attention to alternative nicotine products within the broader tobacco control framework.

The reform represents a significant escalation in public health policy, combining comprehensive smoke-free rules with expanded marketing restrictions and tighter oversight of emerging nicotine products.

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