Panama Supreme Court to Review Vaping Ban

Panama’s Supreme Court has decided to hear a lawsuit arguing that the 2022 ban on e-cigarettes and heated tobacco violates the constitution, a move seen as a positive first step by tobacco harm reduction groups in Panama.

According to a November 7 report by Siliconindia, Panama’s Supreme Court has decided to review a lawsuit over whether the 2022 ban on e-cigarettes and heated tobacco is unconstitutional. This decision is being regarded as a major step forward for tobacco harm reduction advocates in Panama. 

In early August, the Panamanian Association for Tobacco Harm Reduction (ARDTP) filed a lawsuit with the Supreme Court, arguing that Law 315, which bans the use, sale, and import of e-cigarettes and heated tobacco in the country, is unconstitutional and should be repealed. After the lawsuit was filed, the Supreme Court voted on September 21 to move forward with ARDTP’s case. 

If the Supreme Court rules that the declaration of unconstitutionality is valid, Law 315 will be returned to the legislature for amendment. After revision, the bill will be resubmitted to the Supreme Court to confirm whether it complies with the constitution. A new law would then be drafted to replace the current Law 315, thereby supporting “risk-based regulation.” 

Since 2022, Panama has been one of several Latin American countries, alongside Mexico, Argentina, and Venezuela, to impose strict legislation restricting the use, sale, import, and export of these products. 

However, many tobacco alternatives associations say that the passage of such legislation has created black markets for these products in their countries. The World Vapers’ Alliance (WVA) said that Panama’s Supreme Court decision to hear the case is a positive first step.