Injunction granted against ban on sale of electronic cigarettes

A federal judge granted an injunction in favor of a department store chain against the prohibition of selling electronic cigarettes.

Martin Adolfo Santos, who is in charge of the Eighth District Court in Administrative Matters in Mexico City, thought that the presidential decree that makes it illegal to sell or distribute electronic cigarettes anywhere in the country was against the constitution.

The ruling can be challenged by the Federal Commission for Protection Against Health Risks (Cofepris) in front of a collegiate court. The magistrates must review the legality of the decree and decide whether to confirm or overturn the judge's decision or send the case to the Supreme Court.

Last August, Martin Santos granted a definitive suspension against the Presidential Decree of May 31 that absolutely prohibited the circulation and sale of vape and tobacco heaters.

The injunction was filed by the department store in June.

During an inspection on June 22, inspectors from the Federal Commission for Protection against Health Risks (Cofepris) took away electronic devices and packs of cigarettes. The store then filed the injunction.

In this situation, on July 18, a minister of the Supreme Court of Justice of the Nation (SCJN) agreed to look into a challenge brought by lawmakers from the opposition who want to overturn the June 7 law that makes it illegal to bring any kind of electronic cigarette into the country.

Yasmín Esquivel, president of the Second Chamber of the highest court, admitted the unconstitutionality action filed by several senators against the General Import Tax Law.

With this kind of law, Congress made it illegal to bring into the country electronic devices, like vaping devices and tobacco heaters, as well as substances and accessories that go with them.

Almost at the same time, several federal courts began to review appeals against the ban on the importation of electronic cigarettes and to grant provisional suspensions.