Tag: Panama

  • Unconstitutional: Court Rules on Panama Vape Sales Ban

    Unconstitutional: Court Rules on Panama Vape Sales Ban

    Credit: Alexey Novikov

    The Supreme Court of Justice in Panama has ruled unanimously that Panama’s ban on the sale of all vaping products is unconstitutional.

    According to several media reports, the ruling, announced last week, was in response to a lawsuit brought by the Asociación por la Reducción de Daños del Tabaquismo de Panamá (ARDT Panama), a vaping consumer advocacy group.

    The court found that Law 315 violated parliamentary procedures spelled out in Article 170 of the Panamanian constitution, according to Panama America.

    Law 315 prohibited the sale and import of all vaping and heated tobacco products, with or without nicotine. It also banned online sales, prohibited vaping in any place where smoking is not allowed, and gave customs authorities the right to inspect, detain, and seize shipments into the Central American country.

    The law passed the National Assembly in 2021, and was given assent by Panamanian President Laurentino Cortizo nearly a year later, on June 30, 2022. Panama had previously prohibited vape sales under a 2014 health ministry decree.

    The ARDT Panama lawsuit challenged the vaping ban on the basis that it violated the constitutional right to health (depriving people who smoke of a lower-risk substitute). Also, it alleged that the National Assembly violated technical parliamentary rules in passing the law.

    According to El Capital Financiero, the legal challenge was also supported by the Association of Smokers and Families for a Smoke-Free Panama and the Medicinal Cannabis Association of Panama.

    It’s unclear if the high court also weighed in on the health-based challenge.

  • Vaping Ban Suit in Panama to be Heard by High Court

    Vaping Ban Suit in Panama to be Heard by High Court

    Credit: Evgenia

    The Supreme Court of Panama has decided to hear a lawsuit challenging the constitutionality of the country’s ban on e-cigarettes and heated tobacco products.

    In early August, the Panamanian Tobacco Harm Reduction Association (ARDTP) filed a lawsuit with the Supreme Court, arguing that Law No. 315, which prohibits the use, sale, and import of e-cigarettes and heated tobacco in the country, is unconstitutional and should be repealed.

    The Panama Association for Tobacco Damage Reduction (ARDTP) had its appeal case advanced by the Supreme Court on Sept. 21 following a lawsuit, according to media reports.

    If the Supreme Court deems the unconstitutional statement valid, the 315 bill will return to the legislative body for modifications.

    Once the bill is amended, it will be resubmitted to the Supreme Court to confirm its constitutionality. A proposed new law is being drafted to replace the current 315 bill, thereby supporting provisions based on “risk.”

    Panama is one of several Latin American countries, including Mexico, Argentina, and Venezuela, that have implemented strict legislation since 2022 to restrict the use, sale, and import/export of vaping products.

    Many harm reduction advocates argue that the enactment of such legislation has resulted in the creation of a black market for safer nicotine products within their respective countries.

    The World Vapers Alliance (WVA) states that Panama’s Supreme Court’s decision to hear this lawsuit is a positive first step.

  • Panama Rejects Proposal to Regulate Vape Products

    Panama Rejects Proposal to Regulate Vape Products

    Credit: Hanohiki

    Authorities in Panama have rejected a proposal to regulate vaping products. In March, the Panamanian Tobacco Harm Reduction Association together with citizens who use vaping products presented a proposal for the regulation of electronic nicotine-delivery systems (ENDS) in order to modify Law 315 of June 30, 2022, which prevents the more than 170,000 Panamanian smokers from using ENDS products.

    The proposal was rejected by the Technical Secretariat of Economic Affairs, which issued an unfavorable report. According to the report, the government believes that Panama should continue with the strategy set by the WHO Framework Convention on Tobacco Control and reject the use of reduced-risk products to help smokers quit.

    The report also justified its decision to reject the proposal on the grounds that they follow the legislation of countries such as Mexico and Argentina.

    Michael Landl, director of the World Vapers’ Alliance, said the government of Panama continues to ignore users and science. Tobacco harm reduction should be an indispensable element in the fight against smoking.

    “Science has already proven that vaping is far less harmful than smoking and is the most effective therapy for quitting tobacco,” Landl said in an email. “The thousands of Panamanian vapers are proof of this. Panama should follow the example of countries that are succeeding in defeating smoking, such as the United Kingdom or Sweden, which is about to become the first tobacco-free country in the world, instead of copying the failure of Argentina and Mexico.”

    The rejected proposal also looked to guarantee users’ access to a legal market free of contraband. Currently, the black market is gaining prominence and it is estimated that smuggling reaches 80 percent of the trade of combustion cigarettes and 100 percent of the trade of smoke-free devices, according to the president of the Panama Tobacco Harm Reduction Association, Tomás Sánchez.

    “Since last year’s ban, thousands of users of reduced-risk products have been forced to return to tobacco smoking or purchase their products illegally on the black market, where there are no guarantees of quality and safety,” Sánchez wrote in an email. “The ban has been a failure for public health and the Panamanian government needs to correct its position as soon as possible to allow smokers access to an alternative. Their response shows that they do not understand tobacco harm reduction and are unwilling to listen to users, who are the main victims of the ban.”

  • Panama Bans Imports and Sales of Vaping Products

    Panama Bans Imports and Sales of Vaping Products

    Photo: searagen

    Panamanian President Laurentino Cortizo has signed legislation banning the sale of vapor products, reports Vaping360. The country had already prohibited e-cigarette sales in 2014 by executive decree.

    The new law prohibits not only sales and imports of e-cigarettes, but also bans consumption in any place where smoking is not allowed. The ban includes internet purchases and authorizes customs officials to inspect and seize shipments. Resellers are still allowed to import vapor products intended for export to third countries.

    Consumer vaping advocates have warned that restrictions on vaping products will push vapers to illegal products of questionable quality.

    Panama joins more than a dozen Latin American and Caribbean countries with vape bans. On May 31, Mexican President Andrés Manuel López Obrador signed a decree outlawing the sale of e-cigarettes.

    Panama will host the 1oth Conference of the Parties to the Framework Convention on Tobacco Control in 2023.