Panama’s e-cig ban unconstitutional and violates health rights, claims lawsuit

Panama's ban on the use, sale and import of e-cigarettes is unconstitutional, according to the Panama Association for theReduction of Damage by Tobacco Use (ARDTP), who filed a lawsuit with the Supreme Court. They argue that the ban infringes on citizens' health rights by denying access to less harmful nicotine and tobacco alternatives, citing issues with the parliamentary process.

Tomás Sánchez, ARDTP President, says a study reveals a surge in the illegal e-cigarette market post-ban, and 93% of nicotine products in Panama are now illegal. He said, “The worst part is that electronic cigarettes from unknown and questionable origins continue to be circulated throughout Panama.” 

Vaping products remain undetected by customs when travellers claim 'personal use' and then sell them domestically. The Colón Free Trade Zone, where some nicotine and combustible alternative products are permitted is potentially the largest point of entry for illicit products. The large black market, tax evasion, and unregulated products pose a significant health threat to Panamanians.

According to Sánchez, there is no defined timeline for a response from the Supreme Court as it reviews the lawsuit.