Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The plaintiff, Comercial Hotelera Mexicana de Occidente, S.A. de C.V., a Mexican hotel chain, filed an appeal for legal protection against Article 10(XV) of the Law for the Operation of Commercial Establishments in the Federal District (Ley para el Funcionamiento de Establecimientos Mercantiles del Distrito Federal), a clause that prohibits the sale of tobacco and all its derivatives in commercial establishments in both the hotel and restaurant industry. The plaintiff argued that this clause violated the right to commerce found in Article 7 of the Mexican Constitution. The Court found that the law did violate the right to commerce because the prohibition only applies to a few commercial establishments. Because the law did not regulate any other industries, the Court concluded that the law was discriminatory and constituted an unjustifiable and inefficient means of decreasing tobacco consumption.