Mexico City, December 20th, 2022.
On December 16, 2022, the Decree that reforms, adds and repeals several provisions of the General Law for Tobacco Control Regulations was published in the Federal Official Gazette, which aims to establish the control and sanitary surveillance of tobacco products, regarding its preparation, manufacture, import advertising, promotion, and sponsorship thereof.
This Decree seeks to prohibit all types of advertising, regardless of the audience to which it is directed. The media that have been prohibited by the Decree for the promotion of tobacco products are, among others, the following:
-Sound, visual, or audiovisual communication
-Social networks, streaming services, games, and video games
-Ads on the internet
-Sweepstakes, raffles, or contests
-Advertising in commercial or recreational premises, clubs, and bars
Among other issues, the Decree establishes the prohibition of displaying tobacco products directly and indirectly at the point of sale, the first being understood as the placement of tobacco products through shelves, counters, displays, among others, inside establishments and points of sale, which allow the consumer to observe these products and take them directly, while indirect display means the placement or storage of tobacco products in closed containers or boxes above or below the counter, in closed cabinets or drawers that allow the consumer to indirectly observe said products.
We consider there are strong legal grounds to challenge this Decree, since it violates various human rights and constitutional principles. Against such Decree an Amparo Action (Constitutional Action) could be filed before the Federal District Courts, within 30 business days from the date it was published.
In this regard, it is important to note that the Decree will enter into force 30 calendar days after its publication in the Federal Official Gazette, that is, on January 15, 2023.
The lawyers of the Administrative and Regulatory practice of our Firm are at your disposal for any questions or comments you may have regarding this matter.
A T E N T A M E N T E
Juan Carlos Serra
Rodrigo Alfonso Ruiseñor