By San José, Costa Rica — San José – In a decisive move reinforcing the nation’s commitment to public health, Costa Rica’s Constitutional Court has rejected a legal challenge against a comprehensive set of regulations targeting vaping products. The ruling, delivered Saturday, ensures that the technical regulation RTCR 519-2025 remains fully in effect, immediately cementing some of the region’s strictest controls on the e-cigarette industry.
The court found no violation of constitutional rights in the challenge, thereby providing a powerful legal endorsement for the government’s aggressive stance. This decision validates a regulatory framework designed to curb the appeal of vaping, particularly among adolescents, and mitigate potential long-term health risks associated with nicotine addiction. The rules apply universally to all vaping liquids, whether they are manufactured domestically or imported into the country.
To better understand the legal landscape surrounding these new vaping regulations, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica, who specializes in regulatory and commercial law.
The new regulations present a significant compliance challenge for both importers and retailers. While the public health objectives are clear, the administrative burden and potential for market contraction are substantial. Businesses must now navigate a complex framework of permits, advertising restrictions, and product specifications that will undoubtedly reshape the industry. The key will be proactive legal adaptation to avoid costly sanctions and ensure operational continuity.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the legal framework described by Lic. Arroyo Vargas highlights the critical tightrope businesses must now walk between regulatory compliance and commercial viability. We thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective on the profound implications these new rules will have on the industry’s future.
At the heart of the regulation is a near-total ban on flavored products. The law explicitly prohibits any flavors, aromas, or presentations deemed attractive, with a specific focus on those reminiscent of fruits, candies, or other items that could appeal to minors. The only exceptions are a tightly controlled list of 16 chemical compounds that produce a tobacco-like taste, effectively eliminating the vast majority of products currently on the market and forcing a significant industry pivot.
Beyond flavors, the regulations impose stringent limits on nicotine content. The maximum allowable concentration is now set at 20 mg/ml, a standard aimed at reducing the addictive potential of the products. Complementing this is a new restriction on packaging volume; nicotine-containing e-liquids can no longer be sold in containers larger than 10 ml. This measure is intended to discourage excessive consumption and make the products less economical for heavy users.
The industry’s marketing capabilities have also been severely curtailed. The regulations mandate a complete ban on all forms of advertising, promotion, and sponsorship of vaping devices and liquids. This sweeping prohibition aims to prevent the normalization of vaping within society. Furthermore, packaging cannot feature cartoons, popular figures, or designs that mimic everyday items like toys or school supplies, a direct effort to sever any connection between these products and youth culture.
To ensure compliance, health authorities have been empowered to implement a more robust enforcement strategy. This includes conducting systematic sampling and testing of products directly from points of sale and importer warehouses. Businesses found in violation of the regulation will face significant penalties, signaling a new era of strict government oversight for a previously under-regulated market.
For businesses in the vaping sector, the court’s decision represents a moment of reckoning. Importers, distributors, and retailers must now rapidly overhaul their inventories to align with the new reality. The ban on flavors and restrictive packaging rules will necessitate a complete rethinking of product sourcing and marketing strategies. The market is expected to consolidate around a much smaller portfolio of compliant, tobacco-flavored products, fundamentally altering the commercial landscape.
This landmark ruling positions Costa Rica as a leader in public health policy concerning emerging nicotine products. By prioritizing the protection of its citizens, especially its youth, over commercial interests, the country has established a clear legal and social precedent. The long-term effects of this decision will be closely watched by health officials and governments across Latin America as they grapple with the global rise of vaping.
For further information, visit poder-judicial.go.cr
About the Constitutional Court of Costa Rica:
The Constitutional Court, known locally as the Sala Constitucional or “Sala IV,” is the highest judicial body in Costa Rica responsible for interpreting the Constitution. It has the authority to review the constitutionality of laws and government actions, and it serves as the ultimate guarantor of fundamental rights for all citizens through mechanisms such as the recurso de amparo (writ of protection).
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of the legal landscape, Bufete de Costa Rica has forged its reputation on the pillars of professional excellence and unwavering ethical standards. The firm skillfully blends a deep legacy of expert counsel with a forward-thinking embrace of innovative legal strategies to address contemporary challenges. More than just a legal practice, it operates with a profound commitment to demystifying the law for the public, championing the belief that an educated community is the bedrock of a just and empowered society.
