Changes to Rules for the General Law for Tobacco Control in Mexico

Subject: Changes to Rules for the General Law for Tobacco Control in Mexico

Alliance member Manuel Mac Farland of BDP Litigio y Consultoría released this important alert on January 11th, 2023.

On December 16th last year, a reform to the Regulation of the General Law for Tobacco Control was published in the DOF, which aims to strengthen the measures of control, promotion and health surveillance of tobacco products, their preparation, manufacture, importation, as well as establish new prohibitions in all forms of advertising, promotion and sponsorship of them and establish new regulations for protection against exposure to tobacco smoke and its emissions.

Regulation regarding bars and restaurants:

The following are prohibited: any type of advertising, promotion and direct or indirect exhibition of tobacco products in restaurants, clubs and bars. Likewise, additional requirements are imposed for the exclusive smoking areas, among them:

• They must be outdoors and?it will be forbidden to provide any service or consumption of food, drinks or entertainment.
• They must be?physically separated and isolated?from the smoke-free areas, not be a public pathway, nor be located in the entrances or exits of the establishments.
• They must be?confined to an area less than 10% of the total area?of the building or establishment and be located in a perimeter fence of at least 10 meters from the entrances, accesses, exits or any public pathways.

Regulation on Advertising:

The following are absolutely forbidden: any type of advertisement and promotion of products made with tobacco, directly or indirectly, through any communication and/or dissemination means, among others, including the following:

• Streaming services, social media, e-mail, and any technological platform;
• Sound, visual and audiovisual?communication (cinema, radio, television, theatre, etc);
• Draws, raffles, contests and any type of game;
• Advertising, promotion and direct or indirect exhibition in all types of sports events, local stores, clubs, restaurants, bars and convenience stores.

Regulation of convenience stores or self-service stores:

Also, a series of prohibitions and obligations are imposed on the sector of convenience stores and self-service stores. This includes:

• Direct and indirect display of any tobacco products in self-service and convenience stores is prohibited. The first being the placement of products on shelves, counters, etc., which allow the consumer to observe or take them directly, while the second is understood to be the placement or storage of tobacco products in closed containers or boxes that are above or below the counter and allow the consumer to observe them indirectly.
• All commercialization of tobacco products must be done through a written and textual list of these products with their prices, without logos, stamps or brands.
• If a smoking area is available, it must be located outdoors and the provision of any service or consumption of food, drinks or entertainment will be prohibited in this area.

This reform, according to its transitional provisions,?will come into force on the 15th of January 2023. Therefore, we recommend to carry out an analysis regarding the compliance measures and/or contingencies that this new regulation could represent in the daily operations of the sectors subject to the regulation, in order to avoid possible sanctions and, if necessary, analyze the legal avenues to challenge the constitutionality of the reform itself.