Mexican Court Ruling on E-cigarette: Impact and Ramifications

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Mexican Health Ministry criticizes Supreme Court decision putting commercial interests above public health; plans to ban e-cigarettes in response.

In recent days, the Ministry of Health has publicly criticized a decision by the Supreme Court for prioritizing business interests over public health protection.

According to a statement from the Ministry of Health, this decision poses a significant threat to the health of children, adolescents, and young people. It is in violation of Article 4 of the Constitution, as it fails to fulfill the duty of safeguarding the public interest and instead grants preferential treatment to private interests.

The Ministry of Health has expressed deep concerns and objections regarding a recent court ruling from the Supreme Court’s appellate division, which declared a legislation banning a certain type of device as unconstitutional.

In a previous development, the Mexican government issued a decree that prohibits the sale and distribution of e-cigarette devices containing nicotine and similar substances within the country, as well as the liquids and mixtures used for these devices.

The Supreme Court’s appellate division, with a majority vote of three in favor and two against, has passed a ruling draft proposing federal judge protection and safeguard for corporate entities affected by the aforementioned legislation.

They argue that this violates their right to trade freely, placing higher value on it than the right to health, thus disregarding constitutional obligations and international human rights commitments signed by Mexico.

Shortly after the Supreme Court announced its ruling, Mexican President Andres Manuel Lopez Obrador stated that he plans to propose a law banning e-cigarettes and vaping devices before stepping down in 2024, in response to this decision.

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