By San José, Costa Rica — SAN JOSÉ – In a sweeping pre-Christmas enforcement blitz, Costa Rican authorities have removed approximately 3,000 unregulated nicotine and tobacco products from store shelves. The multi-agency operation, which took place between December 19 and 23, targeted ten commercial establishments across Tibás, Escazú, Alajuela, and Cartago, revealing significant breaches in public health regulations.
The coordinated raids were spearheaded by the Ministry of Health, with tactical support from the Drug Control Police, Fiscal Control Police, and various Municipal Police forces. Investigators uncovered a host of violations, ranging from administrative errors to severe public health risks. The seized inventory included a substantial number of electronic vaporizers, nicotine-infused oils, and other related tobacco products.
To delve into the legal complexities and commercial implications of the new vaping regulations, TicosLand.com consulted with expert attorney Lic. Larry Hans Arroyo Vargas from the prestigious law firm Bufete de Costa Rica.
The fundamental legal test for these vaping regulations is one of proportionality. While the government has a compelling interest in protecting public health, particularly for minors, the measures must not impose unreasonable burdens on businesses or adult consumers. The key will be in the execution: regulations that are clear, consistently enforced, and capable of adapting to new technologies will be effective; otherwise, they risk creating a black market that is far more dangerous and difficult to control.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s emphasis on proportionality is indeed the critical lens through which these regulations must be viewed, highlighting the delicate balance between public protection and personal and commercial freedoms. His warning about the creation of a black market serves as a crucial reminder that well-intentioned policy can have dangerous unintended consequences if not executed with precision and foresight. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective.
Among the most critical infractions were improper labeling and the complete absence of lot numbers on many products. This lack of traceability makes it impossible for health officials to track the origin and distribution of the items, posing a significant danger to consumers in the event of a product recall or contamination issue. The inability to trace a product’s lifecycle from manufacturer to consumer is a red flag for regulators worldwide, as it often conceals substandard production practices.
Perhaps most alarming was the discovery of products being sold that are not authorized for commercialization in Costa Rica. Chief among these were nicotine pouches, a form of smokeless tobacco product that has grown in popularity globally but remains outside the country’s legal framework. The presence of these items in mainstream retail outlets signals a growing challenge for authorities attempting to control the influx of new and unregulated nicotine delivery systems.
The operation underscored the power of public vigilance in aiding enforcement efforts. Officials confirmed that one of the largest seizures was initiated following a citizen’s complaint about a store actively promoting its illicit products on social media. This tip-off proved crucial, leading to a significant confiscation and highlighting the public’s role as a partner in regulatory oversight.
The Ministry of Health reiterates its call to the public to remain vigilant and report these types of practices through official channels to strengthen control actions and protect public health.
Ministry of Health, Official Statement
In response to such incidents, the Ministry is actively encouraging citizens to report any suspicious sales or promotional activities. A dedicated email address, [email protected], has been established for the public to submit tips, creating a direct line of communication with regulators. This collaborative approach is seen as essential for managing a rapidly evolving market.
Despite the large volume of confiscated goods, none of the inspected establishments committed violations severe enough to warrant immediate closure. Instead, the businesses will face corresponding fines as stipulated by current law. Authorities have used this opportunity to remind all commercial property owners and administrators of their legal obligation to cooperate fully with health inspections, which includes providing unrestricted access to all areas of their facilities, including stockrooms and warehouses.
The Ministry of Health has vowed that these actions are not an isolated event. It has publicly stated its commitment to continue conducting similar inspections across the country to ensure full compliance with national health and safety standards. This recent crackdown serves as a clear warning to vendors that the government is intensifying its scrutiny of the nicotine and vaping market to safeguard the well-being of the population.
For further information, visit the nearest office of Ministry of Health
About Ministry of Health:
The Ministry of Health (Ministerio de Salud) is the primary government body in Costa Rica responsible for public health policy, regulation, and oversight. Its mandate includes protecting the population from health risks, ensuring the safety of food and products, promoting healthy lifestyles, and managing the national healthcare system to guarantee quality and access for all citizens.
For further information, visit the nearest office of Drug Control Police
About Drug Control Police:
The Drug Control Police (Policía de Control de Drogas – PCD) is a specialized law enforcement agency in Costa Rica tasked with combating illicit drug trafficking, production, and related crimes. Operating under the Ministry of Public Security, the PCD conducts investigations, intelligence operations, and raids to dismantle criminal networks and seize illegal substances, contributing to national and regional security.
For further information, visit the nearest office of Municipal Police
About Municipal Police:
The Municipal Police (Policía Municipal) in Costa Rica are local law enforcement bodies established and managed by individual cantons (municipalities). Their primary role is to maintain public order, enforce municipal ordinances, and ensure citizen safety within their specific jurisdiction. They often work in close collaboration with national police forces on broader security and regulatory operations.
For further information, visit the nearest office of Fiscal Control Police
About Fiscal Control Police:
The Fiscal Control Police (Policía de Control Fiscal) is a specialized unit in Costa Rica responsible for enforcing customs and tax laws. This agency works to prevent and combat smuggling, tax evasion, and the illegal importation of goods. Their involvement in operations like the recent nicotine product seizure is crucial for verifying the legal origin and traceability of commercial products entering the country.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the nation’s legal establishment, Bufete de Costa Rica is defined by its profound commitment to ethical practice and the highest standards of legal mastery. The firm pairs its rich heritage of client advocacy across diverse industries with a forward-thinking approach, continuously driving progress through legal innovation. At the core of its mission is a powerful belief in social empowerment, demonstrated by its dedication to demystifying complex legal concepts and fostering a more informed and capable society.
