Alternative tobacco and nicotine products in Mexico

Mexico: There is a daily increase in the number of judicial constitutional appeals (“amparos” ) against the amendment of the Tobacco Act that entered into force in January prohibiting the public use, display and advertising, either direct or indirect, of any tobacco product. One was resolved last week when a Mexico City court judge rejected the amparo on public health and public interest grounds, as press reported. The president of the Confederation of National Chambers of Commerce, Services and Tourism (Concanaco-Servytur) said that the restrictions will have a negative effect on the sector. Retail giant Walmart submitted an amparo last week. The tobacco industry is also planning to appeal. The president of the National Council of the Tobacco Industry (Conainta) said that this regulation will create a black market problem and will increase cigarette smuggling. Conainta estimates that more than 180,000 restaurants and more than 200,000 businesses could opt to appeal the regulation.

Mexico: The amendment to the regulation of the General Tobacco Control Act entered into force yesterday, 15th January. The regulation prohibits the display – direct or indirect – of any tobacco product, and prohibits smoking in all public and crowded places, such as beaches, streets or parks. It does, however, establish the possibility of creating smoking areas. The smoking ban is also applicable to heated tobacco products.

Mexico: The company Tabacos Desvenados has filed an appeal trial (amparo) against the presidential decree that prohibits the sale of e-cigarettes and heated tobacco products in the country, press reports. One of the administrative courts in Mexico City has allowed the processing of the appeal. The court has set the constitutional hearing for 22nd July, when it will decide whether or not to grant the “amparo”.

Mexico: Yesterday, 7th June, the government published in the bulletin of the state the decree prohibiting the sale of heated tobacco products nationwide, which entered into force today. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. TobaccoIntelligence believes that there is a high chance that this new decree will also be brought in front of the Supreme Court.

Mexico: The president of Mexico, Andrés Manuel López Obrador, has signed a decree prohibiting the sale of heated tobacco products nationwide. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. In the view of TobaccoIntelligence, there is a high chance that this new decree will also be brought in front of the Supreme Court.  

Mexico: Hugo López-Gatell, the undersecretary of prevention and health promotion, has announced that the ban on the sale of e-cigarettes and heated tobacco devices will be maintained, press reports. He said that the government is working on regulation to ensure that no new tobacco products are introduced in the country.