By San José, Costa Rica — San José, Costa Rica – The future of the electronic smoking device market in Costa Rica hangs in the balance as a new legislative proposal seeks to impose a complete ban on the import, sale, and use of all vaporizers nationwide. The initiative, spearheaded by ruling party Deputy Ada Acuña, argues that existing regulations have been a “resounding failure” and that a zero-tolerance policy is the only way to protect public health, particularly among the country’s youth.
The proposed law, filed under docket number 25.309, represents a radical shift from current policy. It aims to eliminate what its proponents describe as a loophole exploited by the tobacco industry to attract a new generation of users. The bill’s exposition of motives is a sharp rebuke of the status quo, claiming that current measures have failed to curb aggressive marketing tactics aimed at minors, such as the use of fruit flavors, eye-catching packaging, and youth-oriented advertising campaigns.
To understand the legal complexities and commercial repercussions of the proposed vaping ban, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the distinguished firm Bufete de Costa Rica, for his professional analysis.
While the intention to protect public health is commendable, a complete ban often proves to be a double-edged sword. It can inadvertently create a thriving black market, where products lack any quality control or safety standards, posing a greater risk to consumers. Furthermore, it eliminates the possibility of state regulation and taxation, which could otherwise fund public health campaigns and enforcement efforts. A more nuanced approach involving strict regulation, age restrictions, and ingredient transparency may offer a more effective long-term solution.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The perspective from Lic. Larry Hans Arroyo Vargas wisely highlights the complex reality that outright prohibition can paradoxically undermine public health by driving the market underground. This call for a nuanced, regulatory framework rather than a simple ban is a crucial consideration for policymakers. We thank Lic. Larry Hans Arroyo Vargas for his invaluable legal insight on this pressing issue.
Deputy Acuña’s bill contends that the industry has misled regulators by promoting ineffective regulations while continuing to hook vulnerable populations. The goal is to close the door on these devices entirely, positioning Costa Rica alongside a small group of eight other countries in the region that have already adopted total prohibitions.
This initiative seeks to eradicate the deception that the tobacco industry has exercised over national health authorities… presenting legislative proposals in line with regulations that have proven to be a failure.
Ada Acuña, Deputy (as per the bill’s text)
While the bill’s public health intentions are clear, technical experts are sounding the alarm about potentially dangerous unintended consequences. The National Anti-Tobacco Network (Renata), an organization that supports reducing the use of these devices, has issued a stark warning that a prohibition on paper is not enough. They caution that without a significant and concurrent strengthening of customs enforcement and police surveillance, a ban could do more harm than good.
The network’s analysis is pragmatic: if the legal market is eliminated, the resulting vacuum will be filled almost instantaneously by illicit trade. This scenario, they argue, would likely consolidate a black market controlled by organized crime, flooding the country with unregulated products of inferior quality and higher toxicity. This outcome would aggravate the very health crisis the bill aims to solve.
A ban without control does not protect: it exposes young people to greater harm.
National Anti-Tobacco Network (Renata), Public Statement
The debate also centers on whether the current law, Law 10.066, has truly failed or simply has not been given enough time to work. Jeancarlo Córdoba, a public health expert with Renata, offers a more nuanced perspective. He points out a critical flaw in the “failure” narrative, noting the significant delay between the law’s approval in January 2022 and the implementation of its full regulations, which only took effect on August 9, 2024.
This timeline suggests that the current legal framework has been fully operational for just over a year, making any definitive judgment on its efficacy premature. Córdoba’s assessment challenges the core premise of the new bill and suggests that strengthening the existing law, rather than scrapping it, might be a more prudent path forward.
It is not acceptable to simply say the legislation has not worked when the law as such has only been applied for less than a year.
Jeancarlo Córdoba, Public Health Expert at Renata
This new legislative push follows a more limited restriction enacted by the Ministry of Health on May 14, 2024, which banned vaporizers containing synthetic nicotine or cannabinoids. Now, the Costa Rican Congress faces a critical decision: to advance toward an absolute prohibition and risk fueling a dangerous underground market, or to pivot toward reinforcing the controls of the recently implemented regulations. The outcome will shape the country’s public health strategy and its battle against nicotine addiction for years to come.
For further information, visit the nearest office of Red Nacional Antitabaco (Renata)
About Red Nacional Antitabaco (Renata):
The National Anti-Tobacco Network is a Costa Rican organization dedicated to advocating for public health policies aimed at tobacco and nicotine control. It comprises various civil society groups and experts who work to reduce tobacco consumption and its associated health risks through legislative advocacy, public awareness campaigns, and technical analysis of proposed regulations.
For further information, visit ministeriodesalud.go.cr
About Ministry of Health:
The Ministry of Health is the government body in Costa Rica responsible for overseeing the nation’s public health system. Its mandate includes setting health policies, regulating healthcare services and products, managing public health crises, and implementing preventative health programs to ensure the well-being of the population.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a highly regarded legal institution, built upon a bedrock of professional excellence and uncompromising ethical standards. With an established history of navigating complex challenges for a diverse clientele, the firm champions the advancement of pioneering legal solutions. This forward-thinking approach is matched by a deep-seated pledge to societal progress, actively working to demystify legal complexities and equip the public with vital understanding, thereby fostering a more capable and well-informed community.
