I would have posted this in the legal news forum but being that I am new I am still not allowed to post.
As you know or might not know the sale and importation of ecig and ecig related products is banned in Mexico. (I did not know this and my second nationality is Mexican, I was born there).
This ban was enacted by the "Comisión Federal para la Protección contra Riesgos Sanitarios." or COFEPRIS.
The COFEPRIS does not have a direct analog institution in the USA but it has faculties similar to the FDA. This is, it s a federal entity that has federal powers and can write memorandums and policies that have to be enacted by the federal judicial systems. The COFEPRIS is a fairly new entity.
So, the COFEPRIS banned the importation of eCigs and customs followed suit, however, a Senator from the PRD party presented in the Senate a "Discussion" (kind of a law or mandate proposition) to force the COFEPRIS to back off from eCigs and to order the Immigrations and Customs agency to release the ceased products and also to allow the importation of said devices.
What I find particularly interesting and why I share this with fellow vappers is the approach that this Senator (Adolfo Romero Lainas) used.
Background
COFEPRIS banned the sale and importation of eCigs claiming that:
1) It was forbidden by the Tobacco Control Law
2) That the Federal Sanitary Authority had not issued an authorization to import this product in Mexico
3) That there is no current scientific evidence that eCigs is an effective medical alternative to quick smoking given that there is no proof of its effectiveness or safety therefore it recommended not to buy it
4) That the consumption of nicotine causes respiratory track diseases, neoplasms, cardiovascular problems and brain vascular problems that can cause the death of the user
5) That they do not consider convenient to introduce to the Mexican market products that can promote the use of cigarettes because they represent a health risk
The Senator Response
The tobacco law control in Mexico does not allow the sell of devices or merchandise that carries logos, colors or any other (including sound) that can hint the consumer that he/she is acquiring a Tobacco related product.
This is... If Formula 1 had a race in Mexico, there could not be a Malboro logo in the vehicles. Or in another example, you could not legally buy or sell a jacket with the Malboro logo on it.
However, the Senator Lainas is very clever to point out the following:
"While it is true that some of the eCigs are designed to look and feel and even emulate Tobacco Cigarettes, Many of the vapers or vaporizers do not carry any resemblance to the aforementioned Tobacco products, furthermore, they have their own brands which in most cases are not at all close or related to classically known Tobacco brands or products."
Senator Lainas continues further on the subject by stating that:
"It is also convenient to point out the extreme great discretion and selective applicability of said laws because currently there are several goods clearly identified as Tobacco related products that are legal for sale, distribution and purchase such as pipes, water pipes, ashtrays, cigarette boxes, cigar boxes and carriers, cigar cutters, humidors. To this, it is worth to ask ourselves, to what extent can COFEPRIS act to hamper commerce? Can its powers be used selectively to fight personal battles?" (Here he is implying corruption).
Senator Lainas continues to use COFEPRIS own language to attack its decisions and powers. Kind of like showing that COFEPRIS shot itself on the foot.
"Being that they are not a tobacco product, a medical device, or a treatment to quit smoking COFEPRIS can not demand according to its powers to halt the importation and sale of personal vaporizers."
He even continues to say that even though persona vaporizer manufactures do not advertise as a product to quit Tobacco smoking there are serious and reputable studies that indicate that personal vaporizers could be a great alternative. He sited a study by the School of Public Health of Boston which results were published on the "American Journal of Preventive Medicine."
He also attacked COFEPRIS point 4, that Nicotine causes respiratory track diseases, neoplasms, and cardiovascular problems. He stated that saying this is false propaganda and is trying to scare the readers of the COFEPRIS bulletin.
He states that the cancer causing agents in Tobacco smoking are the aromatic hydrocarbons, polyclinics, nitrosamins specifics to tobacco, aldeids, acroleline, butadien, benzene, carbon monoxide and others. Not Nicotine itself.
He states and recognizes that Nicotine is addictive and in its pure concentration is a fatal poison but that personal vaporizer users can choose the level of Nicotine and even not use any Nicotine at all, he states a study by a PhD in political science that says that in average eCigs contain less than 4 micrograms of substances considered as harmful by the WHO.
He also mentions that Nicotine can not only be extracted from Tobacco but that it can be extracted from cauliflower, potatoes, bids, green tomatoes, mature tomatoes, tomato sauce, green peppers, and black tea.
He mentions that one of the main ingredients of eJuice is Propylene glycol but that it should not be confused with Ethylene Glycol (antifreeze).
This was reviewed by the Mexican Senate and an official Senate recommendation was passed to COFEPRIS to review its decision based on the current scientific data and the information presented by the Senator. The Senate agreed with every point (with some prejudice) with the Senator Lainas.
Here is the official link
Senado de la Repblica
As you know or might not know the sale and importation of ecig and ecig related products is banned in Mexico. (I did not know this and my second nationality is Mexican, I was born there).
This ban was enacted by the "Comisión Federal para la Protección contra Riesgos Sanitarios." or COFEPRIS.
The COFEPRIS does not have a direct analog institution in the USA but it has faculties similar to the FDA. This is, it s a federal entity that has federal powers and can write memorandums and policies that have to be enacted by the federal judicial systems. The COFEPRIS is a fairly new entity.
So, the COFEPRIS banned the importation of eCigs and customs followed suit, however, a Senator from the PRD party presented in the Senate a "Discussion" (kind of a law or mandate proposition) to force the COFEPRIS to back off from eCigs and to order the Immigrations and Customs agency to release the ceased products and also to allow the importation of said devices.
What I find particularly interesting and why I share this with fellow vappers is the approach that this Senator (Adolfo Romero Lainas) used.
Background
COFEPRIS banned the sale and importation of eCigs claiming that:
1) It was forbidden by the Tobacco Control Law
2) That the Federal Sanitary Authority had not issued an authorization to import this product in Mexico
3) That there is no current scientific evidence that eCigs is an effective medical alternative to quick smoking given that there is no proof of its effectiveness or safety therefore it recommended not to buy it
4) That the consumption of nicotine causes respiratory track diseases, neoplasms, cardiovascular problems and brain vascular problems that can cause the death of the user
5) That they do not consider convenient to introduce to the Mexican market products that can promote the use of cigarettes because they represent a health risk
The Senator Response
The tobacco law control in Mexico does not allow the sell of devices or merchandise that carries logos, colors or any other (including sound) that can hint the consumer that he/she is acquiring a Tobacco related product.
This is... If Formula 1 had a race in Mexico, there could not be a Malboro logo in the vehicles. Or in another example, you could not legally buy or sell a jacket with the Malboro logo on it.
However, the Senator Lainas is very clever to point out the following:
"While it is true that some of the eCigs are designed to look and feel and even emulate Tobacco Cigarettes, Many of the vapers or vaporizers do not carry any resemblance to the aforementioned Tobacco products, furthermore, they have their own brands which in most cases are not at all close or related to classically known Tobacco brands or products."
Senator Lainas continues further on the subject by stating that:
"It is also convenient to point out the extreme great discretion and selective applicability of said laws because currently there are several goods clearly identified as Tobacco related products that are legal for sale, distribution and purchase such as pipes, water pipes, ashtrays, cigarette boxes, cigar boxes and carriers, cigar cutters, humidors. To this, it is worth to ask ourselves, to what extent can COFEPRIS act to hamper commerce? Can its powers be used selectively to fight personal battles?" (Here he is implying corruption).
Senator Lainas continues to use COFEPRIS own language to attack its decisions and powers. Kind of like showing that COFEPRIS shot itself on the foot.
"Being that they are not a tobacco product, a medical device, or a treatment to quit smoking COFEPRIS can not demand according to its powers to halt the importation and sale of personal vaporizers."
He even continues to say that even though persona vaporizer manufactures do not advertise as a product to quit Tobacco smoking there are serious and reputable studies that indicate that personal vaporizers could be a great alternative. He sited a study by the School of Public Health of Boston which results were published on the "American Journal of Preventive Medicine."
He also attacked COFEPRIS point 4, that Nicotine causes respiratory track diseases, neoplasms, and cardiovascular problems. He stated that saying this is false propaganda and is trying to scare the readers of the COFEPRIS bulletin.
He states that the cancer causing agents in Tobacco smoking are the aromatic hydrocarbons, polyclinics, nitrosamins specifics to tobacco, aldeids, acroleline, butadien, benzene, carbon monoxide and others. Not Nicotine itself.
He states and recognizes that Nicotine is addictive and in its pure concentration is a fatal poison but that personal vaporizer users can choose the level of Nicotine and even not use any Nicotine at all, he states a study by a PhD in political science that says that in average eCigs contain less than 4 micrograms of substances considered as harmful by the WHO.
He also mentions that Nicotine can not only be extracted from Tobacco but that it can be extracted from cauliflower, potatoes, bids, green tomatoes, mature tomatoes, tomato sauce, green peppers, and black tea.
He mentions that one of the main ingredients of eJuice is Propylene glycol but that it should not be confused with Ethylene Glycol (antifreeze).
This was reviewed by the Mexican Senate and an official Senate recommendation was passed to COFEPRIS to review its decision based on the current scientific data and the information presented by the Senator. The Senate agreed with every point (with some prejudice) with the Senator Lainas.
Here is the official link
Senado de la Repblica
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