Opposition to Costa Rica’s draft Technical Regulation RTCR-525:2025 – Ban on Nicotine Pouches
To: Costa Rica’s Ministry of Economy, Industry, and Commerce (MEIC)
Subject: Opposition to Costa Rica’s draft Technical Regulation RTCR-525:2025 – Ban on Nicotine Pouches
Date: 4/12/2026
To whom it may concern:
My name is Jon Decker, and I am a senior fellow at the Parkview Institute based in Washington, DC. Our organization is dedicated to supporting free trade and economic freedom.
I am writing today to respectfully express my opposition to Costa Rica’s draft Technical Regulation RTCR-525:2025, which would establish a total ban on nicotine pouches.
Despite the unfortunate imposition of new tariffs under the current U.S. administration, the significance of the U.S.-Costa Rica trade relationship remains well understood. The total exchange of goods and services between our two nations amounts to roughly $30 billion annually. This voluntary exchange has enabled a shared prosperity and security that stands as a remarkable humanitarian achievement.
It is concerning, therefore, that Costa Rica would consider a ban on nicotine pouches that undermines the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). Just as Costa Rican farmers are supported by American demand for exports like fruit and coffee, American tobacco farmers derive significant benefit from the ability to export products manufactured from their crops.
Furthermore, it should be noted that this non-tariff barrier would impact products already authorized by the U.S. FDA. These products have undergone rigorous scientific assessments which—contrary to the public health concerns cited as rationale for this ban—found that they carry a lower risk of serious health consequences than traditional cigarettes. In America and around the world, embracing this harm-reduction strategy has achieved demonstrable benefits for consumer welfare as smokers switch to less harmful alternatives. Given that Costa Rica permits the sale of cigarettes, which carry a significantly higher risk of cancer and other illnesses, this proposed ban on nicotine pouches appears to be more about protectionism than public health.
Lastly, global experience has revealed that blanket bans often fail to achieve intended outcomes and can even create new risks. A recent, similar attempt to ban vaping products in Mexico resulted in a new revenue stream for sophisticated cartels, strengthening the same supply lines used to commit even more serious crimes.
Given the increasing global demand for these products—driven directly by their potential for harm reduction—a total ban presents a real risk of creating an illicit market. This would undermine public safety and consumer health, as illegal alternatives often bypass the legitimate safety and quality standards adhered to by U.S. manufacturers. Furthermore, an illicit market would make it nearly impossible to enforce age-of-sale requirements.
For these reasons, the proposed ban on nicotine pouches should be rejected. This policy would damage a vital trade relationship and lead to potentially adverse impacts on public health and safety. I appreciate your consideration.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
www.ParkviewInstitute.org