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The Supreme Court of Mexico has ruled that the ban on electronic cigarettes is unconstitutional, granting FIM International the right to continue importing

The Supreme Court of Mexico has ruled that the ban on electronic cigarettes is unconstitutional, granting FIM International the right to continue importing

墨西哥最高法院裁定电子烟禁令违宪 菲莫国际获权继续进口

The Supreme Court of Mexico has ruled that the ban on electronic cigarettes is unconstitutional, and Fimo International Mexico has obtained the legal right to continue importing. This protection will continue until the Import and Export Tax Law is amended.

According to Meganoticias on November 10th, the First Division of the Mexican Federal Supreme Court ruled that the ban on importing electronic cigarettes and related products is unconstitutional.

 

The ruling was reviewed based on the Import and Export Tax Law issued on June 7, 2022, and the project proposed by Judge Jorge Pardo Rebolledo was approved by a majority. This ruling is considered favorable for PMI, as the law is deemed to impose excessive restrictions on commercial freedom.

 

The court believes that allowing PMI to import electronic cigarette devices does not mean allowing unrestricted consumption of the solutions or substances used in these products. This ruling does not fully open up the use of electronic cigarettes and is limited to the mentioned companies, nor does it affect other similar products that may appear in the market.

 

The project approved by the Supreme Court clearly states that this decision does not imply universal support for any type of substance used in electronic cigarettes, including heated tobacco and alternative nicotine consumption systems. The protective measures given to PMI have protected the company from future restrictions and established a legal precedent that may affect future litigation. The judgment clearly states that this protection will continue until the Import and Export Tax Law is amended, which is crucial for the tobacco industry and its derivative products.

 

According to estimates from the Mexican government, approximately 938000 teenagers have tried these devices, of which around 160000 are regular users. Despite the ban, the number of users using electronic cigarettes has significantly increased. According to reports in 2023, the number of electronic cigarette users has reached 2.1 million, a significant increase from 975000 in 2019.

 

In October 2022, the Mexican Supreme Court ruled that a partial ban was unconstitutional, allowing certain groups to continue applying for protection to import and sell these products.

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