TOBACCO CONTROL LAWS

[Unnamed Actor] v. Mexico

The plaintiff filed an amparo lawsuit against the Decree amending the General Law for Tobacco Control, specifically seeking the repeal of Article 27, which restricted smoking areas to outdoor spaces. The plaintiff argued that this provision violated its rights to freedom of trade, equality, non-discrimination, and legal certainty.

The first instance court denied the amparo, determining that the reform was a proportional measure to protect public health and did not infringe upon fundamental rights or discriminate. The plaintiff appealed the decision, but the second-instance court declared it lacked jurisdiction to rule on the constitutionality of the contested article. Ultimately, the Second Chamber of the Supreme Court of Justice of the Nation upheld the first instance's decision, affirming that the regulation was constitutional, progressive, and consistent with international standards, thereby denying the amparo.

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Actor v. Mexico, Amparo on Appeal 672/2026, Second Chamber of the Supreme Court of Justice of the Nation.

  • Mexico
  • Mar 13, 2024
  • Second Chamber of the Supreme Court of Justice of the Nation

Parties

Plaintiff [Unnamed Actor]

Defendant United States of Mexico

Legislation Cited

General Law on Tobacco Control (Ley General para el Control del Tabaco)

Decree Amending the General Law on Tobacco Control (published on February 17, 2022)

Political Constitution of the United Mexican States

International/Regional Instruments Cited

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
WHO Framework Convention on Tobacco Control (WHO FCTC)
Committee on Economic, Social and Cultural Rights, General Comment No. 24

Related Documents

Decision in Spanish

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

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 Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.

Type of Tobacco Product

Heated tobacco products (HTPs)

Heated tobacco products (HTPs) are tobacco products that require the use of an electronic device to heat a tobacco insert (stick or pod of compressed tobacco). HTP systems are fully integrated so that the heating device and tobacco insert for each system must be used together.

E-cigarettes and other ENDS products
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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