Regulatory Requirements for Tobacco Products in Mexico

3 min read

Food Supplements

Mexico ratified the World Health Organization’s Framework Convention on Tobacco Control (WHO FCTC) in 2004, making significant strides in tobacco control. Since then, the country has implemented a range of tobacco control measures, including graphic Health Warning Labels (HWLs), smoke-free policies, and restrictions on tobacco advertising and sponsorship. In this blog, we shall delve into the key Regulatory requirements for tobacco products in Mexico, highlighting the importance of compliance for manufacturers and importers.

Figure 1: Tobacco Products Banned and Allowed in Mexico

Cigarettes	Smokeless Tobacco	Heated Tobacco Products (HTPs)	E-cigarettes
The sale of cigarettes is prohibited to persons under the age of eighteen (18). Rotating pictorial and text health warnings are required to cover at least 30% of the front, 100% of the back, and 100% of one (01) side of smoked tobacco product packages. The sale of single cigarettes and small packets of cigarettes is prohibited.	Oral tobacco products such as nicotine pouches are subject to restrictions established under the Mexico's General Tobacco Control Law. For smokeless tobacco products, a text warning is required, and it must cover 100% of one (01) side face.	The sale and import of heated tobacco have been banned in Mexico under several decrees.	The law prohibits the trade, sale, distribution, display, promotion, and production of e-cigarettes.

Documents Required for Importing Tobacco Products in Mexico

The following documents are required for importing tobacco products into Mexico:

Pedimento de Importación (Importation Declaration): This document is necessary for all commercial crossings and must be declared by the importer.
Commercial Invoice: The commercial invoice must include the issue date and place, name and address of the consignee, detailed listing of goods, and name and address of the supplier.
Bill of Lading: The bill of lading or airway bill of lading is required for customs clearance.
Sanitary Import Notice: This document must be prepared on the company letterhead and must include the name of the product, quantity, name and address of the producer, name and address of the importer, port of entry, and applicable import tariff numbers.
North American Free Trade Agreement (NAFTA) Certificate of Origin: This certificate is required for obtaining NAFTA tariff benefits.
Certificate of Free Sale: United States (US) exporters can request the certificate of free scale through the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Labeling and Packaging Compliance: Tobacco products must comply with the labeling and packaging regulations, including health warnings and specific labeling requirements.

Procedure for Registering Tobacco Products in Mexico

Here are the steps importers must follow to register their tobacco products in Mexico:

Register in the Padrón de Importadores (Registry of Importers): Importers must register in this registry, which is maintained by the Secretariat of Finance and Public Credit (SHCP).
Register in the Padrón de Importadores de Sectores Específicos (Registry of Importers in Specific Sectors): Importers must also register in this registry, which is specific to tobacco products.
Obtain a Permit from the Mexican Federal Commission for the Protection against Sanitary Risks (COFEPRIS): A permit from COFEPRIS is required for all tobacco products.
Comply with Labeling and Packaging Regulations: Tobacco products must comply with the labeling and packaging regulations, including health warnings and specific labeling requirements.
Provide Information on the Producer: Upon the Ministry of Economy’s request, the Mexican importer may have to provide information on the producer of the beverage, including the name, address, etc.
Tax Stamps: Unlike alcoholic beverages, the Mexican law does not require tax stamps or tags on tobacco products.

Graphic HWLs

Mexico requires HWLs covering 30% of the front and 100% of the back and one (01) side of cigarette packs. This measure aims to inform consumers about the risks associated with tobacco use and thereby reduce the appeal of tobacco products. The tobacco industry has responded by using inserts and onserts to increase marketing space on packs, highlighting the need for effective enforcement of these regulations.

Tobacco Advertising, Promotion, and Sponsorship

Tobacco advertising and promotion, including product display at points of sale, are banned in Mexico. All forms of tobacco sponsorship are prohibited, which are aimed at reducing the industry’s influence on public health policies.

Cigarette Contents and Disclosures

The law does not grant the authority to regulate the contents of tobacco products. However, manufacturers and importers are required to disclose information on the contents of tobacco products to government authorities and the public.

To conclude, Mexico's Regulatory requirements for tobacco products are designed to protect public health and reduce the harm caused by tobacco use. Compliance with these regulations is crucial for manufacturers and importers, and the government must continue to prioritize enforcement and address the challenges posed by the tobacco industry. Market trends predicted for Mexico indicate that smokeless tobacco products are unlikely to capture a significant market share in future. Thus, businesses should strategically concentrate on smoked tobacco products, as they are expected to continue dominating consumer demand in the region.

Freyr offers expert Regulatory services, specializing in global-focused services, including license registration for e-cigarettes, HTPs, and smokeless tobacco, to keep your tobacco business compliant and innovative.