Argentine Senator Sergio Márquez from Mendoza Province has introduced a bill to incorporate vapes into existing public health and tobacco control regulations, prohibiting their use in enclosed spaces and establishing penalties for selling vapes to minors.
Key Points:
- Legislative Initiative: Argentine Mendoza Province Senator Sergio Márquez has introduced a bill aimed at addressing the legal gap in vape regulation.
- Legal Background: Argentine National Law No. 26,687 establishes smoke-free spaces but does not mention vapes, resulting in a legal vacuum.
- Expert Opinions: Experts emphasize the health risks of vapes and call for enhanced education and preventive measures targeting adolescents.
- Other Provinces: Provinces such as Córdoba and Tucumán have expanded their legal frameworks to include vapes within indoor smoking bans.
Proposal by Mendoza Province Councilor in Argentina: Include vapes in indoor smoking bans
Argentine Mendoza Province Senator Sergio Márquez has initiated a bill to establish a regulatory and penal framework for vapes. The bill has been submitted to the Health Committee of the legislative body for review.
- “We hope this issue can be resolved. These issues are a trigger: oral surgeons, dentists, and internists have all warned about the severity of vapes, and I have noticed that vapes are becoming increasingly common in schools,” Márquez said.
Legislative Initiative
Civil law expert and legislative advisor Marcos Barrionuevo explained that the bill seeks to amend Provincial Law No. 8382, which aligns with National Law No. 26687 and regulates the advertising, promotion, and distribution of traditional tobacco products. “The law prohibits smoking in enclosed spaces but does not mention vapes, whether they contain nicotine or not. Our bill expands this ban to protect public health, especially that of young people, and prevent environmental damage,” he explained.
Additionally, the initiative proposes incorporating sanctions through the Code of Violations to prevent the sale of tobacco to minors, a practice that has even been observed at daytime events and youth activities.
Expert Opinions
In Argentina, National Law No. 26,687 establishes smoke-free spaces. Including schools, public transportation, and public venues. The Argentine National Administration of Medicines, Food, and Medical Technology (ANMAT) banned the importation, distribution, sale, and promotion of vapes in 2011. This measure was approved in 2016 and reinforced through a national resolution in 2023. However, the regulation does not specifically address indoor smoking, creating a legal vacuum in Mendoza Province and other regions.
Other jurisdictions, such as Córdoba and Tucumán, have expanded their legal scope to include vapes within indoor smoking bans to protect public health and the environment. Mendoza aims to join this trend through Márquez’s bill, which also proposes updating the sanction procedures outlined in Decree No. 748 of 2013.
The bill also aims to include vapes in discussions about school-related issues, to address the issue through education and prevention, and to educate teenagers about the risks and impacts of using vapes.
In Mendoza, municipal authorities issued an ordinance in the summer of 2024 prohibiting smoking and the use of vapes in public places.
