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


Plaintiff Gastronómica Teopanzolco, Sociedad Anonima de Capital Variable

Defendant United States of Mexico

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics


Substantive Issues

Type of Tobacco Product