TOBACCO CONTROL LAWS

Operadora de Centros de Espectáculos, S.A. de C.V. v. Mexico

The plaintiff, an entertainment firm, requested an appeal for legal protection against a clause in a law on commercial establishments, which prohibits the sale of tobacco in entertainment venues. The plaintiff claimed this provision violated the right to commerce. The Court found that the law did violate the right to commerce because the limitation violated the principle of proportionality and necessity.  

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Operadora de Centros de Espectáculos, S.A. de C.V. v. Mexico, Registry No. 168130, Tribunales Colegiados de Circuito [Collegiate Circuit Courts](2009).

  • Mexico
  • Jan 29, 2009
  • Collegiate Circuit Courts (Tribunales Colegiados de Circuito)

Parties

Plaintiff Operadora de Centros de Espectáculos, S.A. de C.V.

Defendant Mexico

Legislation Cited

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Reactionary Regulation
Regulatory measures consisting of political actions designed to punish the tobacco industry or tobacco users. The industry may argue such arbitrary and capricious regulations will fail to achieve the stated objective. They may also argue that the measures are too extreme, prohibitively expensive, and violate the principle of proportionality.

Type of Tobacco Product

None

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