The Constitutional Court of Costa Rica asked the Ministry of Health to issue e-cigarette laws and regulations within 2 months, reaffirming the fundamental rights and interests jeopardized by unregulated vapes. The Ministry of Health explained that the mandate could not be fulfilled on time for various reasons. Vape brands containing smoked tar have been banned from importation and use. With regulations to be implemented by the end of 2024.
Costa Rica’s given an ultimatum to the Ministry of Health
According to La As reported by Nacion on June 18. The Constitutional Chamber of Costa Rica has sent a final circular. The Ministry of Health asked him to publish it within two months. 10,066 Laws and regulations that regulate the electronic nicotine management system ((ENDS), a system similar to the nicotine-free (SN). The use of heated cigarettes and vapes.
Decision 2024016580, issued by the Constitutional Chamber on June 14, accepted the complaint submitted on May 24 by Walter Brenes Soto. Although Law 10,066 was discussed on January 20, 2022, on January 24, 2022, to the judge. La Gaceta was last published, no corresponding regulation has been enacted two years later. He argued that this situation violates the fundamental rights of citizens. The judge agreed with Brenes and instructed the Ministry of Health to enact the relevant laws and regulations. The Ministry of Health has completed this task two months since it was notified.
The Ministry of Health explained that it has three months to develop. The laws and regulations after the publication of the 2022 laws and regulations. However, the Ministry of Health said that it was unable to meet the target within the stipulated timeframe due to the need to consult with other relevant public agencies and to “wait and overcome” the general transition that comes with a change in government. The Deputy Minister of Health. Allan Mora Vargas used these reasons to justify their inability when explain this to the Constitutional Chamber judges. And recorded them in case file 24-013568-0007-CO.
According to the report of the Ministry of Health, the laws and regulations of 10,066 have been completed. It now only needs to be reviewed in the Laws and Regulations Department of the Office of the President and then signed by the President. Publication in La Gaceta.
After analyzing it, the Constitutional Court concluded that this law and regulation had an extremely important impact on the health rights of Costa Ricans. The Court insisted that “the alleged regulatory failure may constitute a declared negligence within the constitutional jurisdiction.”
On May 14, 2024, the Ministry of Health issued a decision banning the importation, use, marketing. And trade of products containing smoke tar. The Minister of Health, Mary Munive Angermüller, by her powers and the precautionary principle, the Ministry of Health strictly prohibited these vapes in order to prevent further harm to the public. This is because there is evidence that e-cigarettes containing smoke tar exceeding the limits set in Europe are being marketed in Costa Rica.
This decision MS-DM-RC-2381-2024 prohibits the distribution, advertising, promotion, and sponsorship of these products and consumer products containing smoking tar, as well as e-cigarette oils containing cannabinoids. This regulation applies to all types of media, whether by telephone, digital, or any other accessible device and material. The regulation will be enforced by issuing technical regulations at the Ministry of Health to control these devices and materials.
This regulation should be finalized by the end of 2024, according to Angemüller in May.
