On July 25, according to foreign news reports, Mexico’s Supreme Court ruled that heated tobacco products (HTP) will not be subject to the February 2020 presidential decree, which prohibits the import of electronic nicotine delivery systems (ENDS).

Before the July 16 ruling, manufacturers can use a legal loophole called "habeas corpus trial" to legally import and sell HTPs. However, this loophole hinders the development of a fully regulated legal market. The new presidential decree overturned this and allowed increased sales of these devices.

The Mexican government continues to ban the use of e-liquid vapor products. According to Roberto Sussman, a researcher at the National University of Mexico and the president of Paveo in Mexico, Mexico’s steam market has been operating as part of a huge informal economy since 2009. It employs more than 50% of the workforce, which is illegal. But it is not criminal.

The Global Tobacco Harm Reduction Survey shows that more than 1.2 million Mexicans (1% of the adult population) regularly use steam products to a certain extent.

According to reports, when the HTP ban was fatally hit, it was revealed that the draft decree was written by a lawyer working for the Smoke-Free Children’s Movement.

Roberto Susman said: "This is an embarrassment for President Andres Manuel López Obrador. He has already expressed his opposition to foreign NGOs and agents interfering in Mexican government regulations. .".

This is not the first time that Mexico’s Supreme Court has interfered with the country’s e-cigarette policy. On June 28, after lawmakers failed to finalize the legislation the court requested three years ago, the court stepped in to legalize marijuana.

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