Mexico discusses changes to tobacco marketing regulation
On May 26ththIn 2022, the National Commission for the Improvement of Regulation (CONAMER) published the preliminary draft of the “Decree amending, adding and repealing various provisions of the Regulations of the General Law on Tobacco Control”.
The reform project bans all forms of advertising, promotion and sponsorship of products made with tobacco, directly or indirectly, through any means of communication and broadcasting, including print and sound media.
The proposal also prohibits the sale of tobacco-containing products via platforms, digital applications or streaming services where electronic marketing or electronic intermediation is permitted. In addition, it prohibits direct or indirect presentations of the product that allow the consumer to observe or physically take it.
In addition, the reform project prohibits the use of logos, trademarks, or “branding elements” on tobacco products, as well as non-tobacco products, that contain distinctive graphics, design aspects, slogans, sales messages, colors, or color combinations related to tobacco products.
The above measures implemented in the regulation of the law restrict the freedom of trade for various activities as they create unnecessary barriers to free trade. They are also incompatible with international treaties, as they lack regulatory coherence with some laws, including the Federal Industrial Property Law, which prohibits the use of trademarks and slogans. In addition, the proposed measures interfere with the powers of other authorities and disregard the hierarchy of laws.
While this proposal addresses a legitimate public health concern, our legal framework and international obligations must be taken into account in order to maintain healthy economic competition and a fair and free market that respects the rights of the bound subjects, including the right to free development as a personality and self-determination of the individual.
© 2005-2022 OLIVARES Y COMPAÑIA SCNational Law Review, Volume XII, Number 196