Panama's Ministry of Health (Minsa) has established new regulations for the sale, use, and advertising of electronic cigarettes, also known as vapes, as well as heated tobacco and oral nicotine products. These measures, published in the Official Gazette on February 13, 2025, through Resolution No. 146, aim to protect minors and reduce public health risks associated with these products.
Ban on Sales to Minors and Restrictions in Public Spaces
According to the resolution, the sale of these products to minors is prohibited, as well as their advertising, promotion, sponsorship, and propaganda. Additionally, their use is restricted in a wide range of public spaces, including offices, means of transportation, educational and health institutions, cinemas, theaters, bars, brothels, hotels, casinos, nightclubs, and sports areas, among others.
Retailers and street vendors will also have to adapt their sales practices, as they will not be allowed to place these products in easily accessible locations for the public. This implies a direct ban on vending machines or automatic dispensers for vapes and similar products.
Requirements for Importing and Selling E-Cigarettes
The resolution establishes that any natural or legal person engaged in the import, wholesale, retail, e-commerce, intermediation, or distribution of these products in Panama must have an operations notice issued by the Ministry of Commerce and Industries (MICI).
These new regulations will come into force six months after their promulgation, that is, on July 31, 2025.
Legal Background and Controversy
It is worth noting that on May 14, 2024, the Supreme Court of Justice (CSJ) declared unconstitutional Law 315 of June 30, 2022, through Edict No. 524, which prohibited the use, import, and commercialization of electronic cigarettes, tobacco vaporizers, and other similar devices with or without nicotine. This lawsuit was filed by the Association for the Reduction of Smoking Harm (ARDTP).
The ruling indicated that the law was unconstitutional, as it violated Article 170 of the Constitution, which establishes the procedure for the Executive Branch's objections to bills. At the time, the Liberty Foundation also made a call, arguing that Law 315 of 2022 went against freedom of choice.
The new regulations established by Minsa seek to find a balance between protecting public health, especially that of minors, and the right of adults to make informed decisions about their consumption. As the effective date of these measures approaches, a continued debate is expected about their impact and effectiveness.
