TOBACCO CONTROL LAWS

Gastronómica Teopanzolco Sociedad Anonima de Capital Variable v. Mexico

The restaurant owner of "La Cabrería Grill Pizza" filed an amparo lawsuit challenging the 2022 decree prohibiting the circulation and sale of e-cigarettes as unconstitutional. The restaurant was sanctioned after a health check in which they were selling e-cigarettes via vending machine. The company argued that the ban violates its right to freedom of work and creates disparate treatment among similar tobacco products. The first judge dismissed the case, but the appellate tribunal elevated the issue of the constitutionality of the decree to the Supreme Court. In December 2023, the Supreme Court declared the decree unconstitutional, granting the company the right to sell e-cigarettes on its restaurant premises. The Court found that the restriction has a valid purpose of protecting health, but the ban is a disproportionate restriction on the freedom of commerce and profession. This ruling applies only to the plaintiff who was a party to this case.

Gastronómica Teopanzolco S.A. C.V. v. Mexico, 636/2023, Mexican Supreme Court (2023).

  • Mexico
  • Dec 6, 2023
  • Supreme Court of Justice
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Parties

Plaintiff Gastronómica Teopanzolco, Sociedad Anonima de Capital Variable

Defendant United States of Mexico

Legislation Cited

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

Decree Prohibiting the Circulation and Commercialization of Electronic Nicotine Delivery Systems, Electronic Non-Nicotine Delivery Systems, Alternative Nicotine Delivery Systems, Electronic Cigarettes, and Vaporizer Devices with Similar Uses, as well as the Solutions and Mixtures Used in Such Systems

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
International Covenant on Economic, Social and Cultural Rights (ICESCR)

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

None

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 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.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Right to Work
A violation of the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

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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