As of January 16, 2026, Mexico has implemented a strict prohibition on the entire vaping supply chain. Following reforms to Article 282 of the General Health Law published in the Official Gazette (DOF), it is now illegal to manufacture, import, store, or sell any electronic cigarette device across the country. Authorities have established severe criminal penalties, including prison sentences of up to eight years, to enforce this "zero tolerance" policy.
Key Takeaways
- Criminal Penalties: Individuals distributing or selling vapes face 1 to 8 years in prison.
- Economic Sanctions: Fines range from 11,731 pesos up to 234,620 pesos depending on the severity.
- Total Scope: The ban covers all devices that heat liquids or gels, regardless of nicotine content.
- Youth Focus: The measure aims to protect 1.6 million students currently using these products.
The Scope of Article 282
The new legislation adopts a sweeping definition of prohibited items. Under the reformed law, a "vape" or electronic cigarette is defined as any technological apparatus designed to heat liquids, gels, or oils into vapor for inhalation. Crucially, the law makes no distinction between nicotine and non-nicotine products. If the device vaporizes a substance, it falls under the ban. This closes potential loopholes for "herbal" or "vitamin" vapes often used to bypass previous regulations.
Prison Terms and Economic Sanctions
Our analysis of the penalties reveals a shift from administrative fines to criminal prosecution. The government aims to dismantle the market by targeting the profit margins of distributors.
| Penalty Type | Minimum Sanction | Maximum Sanction |
|---|---|---|
| Prison Sentence | 1 Year | 8 Years |
| Financial Fine | $11,731 MXN | $234,620 MXN |
Public Health Justification
Legislators argue this drastic measure is necessary to curb an emerging health crisis among Mexican youth. During Senate discussions, officials highlighted that over 1.6 million students currently consume these products. The government cites growing evidence of severe lung and heart damage leading to hospitalizations and deaths. By prohibiting importation and sales, authorities intend to "cut the business at the root" and remove the physical availability of these substances from the streets.
