The Association for Tobacco Harm Reduction of Panama (Asociación de Reducción de Daños por Tabaquismo de Panamá - ARDTP) challenged the constitutionality of Law No. 315 of June 2022, which prohibited the use, importation, and commercialization of electronic nicotine delivery systems, electronic cigarettes, vaporizers, heated tobacco products and other similar devices, with or without nicotine, in Panama. The plaintiff argued that the law was passed in violation of legislative process rules and the Constitution. Specifically, they claimed it lacked the required two-thirds vote after the Executive raised objections and was improperly reintroduced for debate after its deadline had passed. ARDTP also raised substantive concerns, alleging that the law violated rights to information, free trade, and non-discrimination by banning “potentially less harmful alternatives” to conventional cigarettes.

The Supreme Court of Panama agreed with the plaintiff on procedural grounds, ruling that the law was unconstitutional due to the lack of a qualified majority vote following the Executive’s objection. The Court emphasized that it did not evaluate the substantive merits of the law, such as the public health arguments, since the procedural flaw alone invalidated the legislation.