Argentine Mendoza Provincial Legislator Proposes: Including E-cigarettes in the Scope of Indoor Smoking Bans

Key Points: 

·Legislative Proposal: Sergio Márquez, a lawmaker from Mendoza, Argentina, has introduced a bill aimed at addressing the regulatory gap for e-cigarettes. 

·Legal Background: National Law No. 26.687 in Argentina establishes smoke-free spaces, but does not mention e-cigarettes, resulting in a legal void. 

·Expert Views: Experts emphasize the health risks associated with e-cigarettes and call for increased education and prevention measures targeting young people. 

·Other Provinces: Provinces like Córdoba and Tucumán have already expanded their laws to include e-cigarettes in indoor smoking bans.

Argentinian Senator Sergio Márquez has introduced a bill aimed at establishing a regulatory and punitive framework for e-cigarettes in Mendoza province. The bill is currently under review by the legislative body's health committee.

We hope this issue can be resolved. These issues are a trigger: dentists, dental surgeons and internists have all warned of the seriousness of e-cigarettes, and I have found that e-cigarettes are becoming more and more common in schools," said Márquez. 

Civil law expert and legislative advisor Marcos Barrionuevo explained that the bill aims to amend Provincial Law No. 8382, which follows National Law No. 26687, and regulates the advertising, promotion, and distribution of traditional tobacco. "The law prohibits smoking in enclosed spaces, but does not mention e-cigarettes, 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. 

In addition, the initiative proposes to include sanctions in the "Sanction Code" to prevent the sale of tobacco to minors, a behavior that has even been found at daytime shows and youth activities. 

In Argentina, National Law No. 26.687 establishes smoke-free spaces, including schools, public transportation and public places. The National Administration of Medicines, Food and Medical Technology (ANMAT) in Argentina prohibited the import, distribution, sale and promotion of e-cigarettes in 2011, a measure that was approved in 2016 and strengthened by national decree in 2023. However, the regulations did not specifically address indoor smoking, creating a legal vacuum currently present in Mendoza province and other provinces. 

Other jurisdictions, such as Cordoba and Tucuman, have expanded their legal scope to include e-cigarettes in indoor smoking bans to protect public health and the environment. Mendoza hopes to join this trend through Márquez's bill, which also considers updating the sanction procedures established by Decree No. 748 of 2013. 

The bill also aims to incorporate discussions on the use of e-cigarettes in schools in order to address this issue through education and prevention, educating young people about the risks and impacts of using e-cigarettes.

In Mendosa, the municipal authorities issued a decree in the summer of 2024 banning smoking and the use of e-cigarettes in public places.