Mexico City, January 23th, 2023
On January 15, 2023, the executive order reforming, adding, and repealing various provisions of the Regulation of the General Law for Tobacco Control entered into force, which aims to establish the control, promotion and sanitary surveillance of tobacco products, their preparation, manufacture, import and prohibitions in all forms of advertising, promotion, and sponsorship, as well as regulation for protection against exposure to tobacco smoke and its emissions.
Some of the most relevant amendments are the following:
1.- A total ban on all advertising, promotion, and sponsorship of tobacco products; some of the prohibited means, among others, are the following:
- Print media.
- Sound, visual, or audiovisual communication.
- Social media, streaming services, games, and video games.
- Internet Ads.
- Sweepstakes, raffles, or contests.
- Advertising in commercial or recreational premises, clubs, and bars.
The executive order establishes the prohibition of displaying tobacco products directly and indirectly at the point of sale, the first being understood as the placement of products through shelves, counters, displays, among others, while indirect display is understood as the placement or storage of tobacco products in closed containers or boxes that are above or below the counter, in closed cabinets or drawers.
In addition, it is indicated that the commercialization of tobacco products must be carried out through a textual and written list of these products with their prices, without logos, seals, or brands.
2.- The second relevant amendment refers to the impact on public spaces such as: restaurants, clubs, bars, among others, since the areas enabled for smoking must now be in outdoor spaces, where it will be prohibited to provide any service or consumption of food, drinks, or entertainment.
The executive order expressly provides the prohibition of consuming any tobacco or nicotine product in spaces of collective concurrence, thus considering, among others, the following:
- Entertainment centers.
- Shopping malls.
- Places of consumption or service of food or drink.
We consider that there are sufficient legal arguments to challenge this executive order as it violates various acquired rights, human, and constitutional rights. Against this executive order, it is possible to file an Amparo action (constitutional action), which must be submitted within the 30 business days after becoming effective; that is, by February 27, 2023.
The lawyers of the area of constitutional, administrative, and regulatory law of our Firm are able to provide additional information on this matter.
Gerardo Nieto Adolfo Athié
Rodrigo Alfonso Ruiseñor