Panama Supreme Court Overturns Unconstitutional Vape Product Ban

On June 30, nearly a year after Panama’s National Assembly passed legislation banning the sale of vape products, Panamanian President Laurentino Cortizo signed the bill into law. This new legislation prohibits the sale and importation of all vaping and heated tobacco products, with or without nicotine.

While the law does not criminalize the use of such products, it bans vaping in all places where smoking is prohibited. Additionally, it forbids online purchases and grants customs officials the authority to inspect, detain, and seize shipments. Resellers, however, are allowed to import banned products intended for export to third countries, according to La Prensa.

President Cortizo had previously vetoed a similar ban passed by the National Assembly in 2020 and then waited almost a year before approving the 2021 bill. Panama had already banned e-cigarette sales in 2014 through an executive decree.

Consumer vaping advocates at the Asociación por la Reducción de Daños del Tabaquismo de Panamá (ARDT Panamá) opposed the bill's passage last year, arguing that it would drive vapers to the illegal black market, where products might be of dubious quality.

Panama is set to host next year's FCTC conference

More than a dozen Latin American and Caribbean countries, including Mexico, have imposed vape bans. Mexico’s president recently issued a decree banning the sale of vapes and heated tobacco products.

The drive for these laws largely comes from the World Health Organization (WHO), which is staunchly anti-vaping, and its affiliated Bloomberg Philanthropies-funded tobacco control groups like the Campaign for Tobacco-Free Kids and The Union. Their influence is particularly strong in low- and middle-income countries (LMICs) and extends to the WHO-sponsored international treaty organization, the Framework Convention on Tobacco Control (FCTC).

Panama is slated to host the 10th FCTC Conference of the Parties (COP10) in 2023. Last year’s COP9 conference was held online, andFCTC leadership postponed discussions on vaping laws and regulations until the next meeting.

Panamanian public health authorities and the president likely anticipate significant praise from the FCTC’s anti-vaping leadership at the 2023 conference. Panama might receive awards from the WHO and regional tobacco control organizations for its prohibitionist stance, as India and Mexico have.

The Republic of Panama borders Colombia, connecting North and South America. Its famous Panama Canal bisects the narrow country, facilitating easy passage between the Atlantic and Pacific oceans. Panama has a population of about four million.