TOBACCO CONTROL LAWS

Televisión Azteca, S.A. de C.V. v. Mexico

The plaintiffs presented an appeal for legal protection, alleging that an article of the General Health Law violated the right to a hearing.  The Ministry of Health had issued this article to regulate the advertisement of tobacco and alcoholic beverages. The Court found that the law had followed the administrative procedures necessary for sanitary control and public health laws, holding that the Ministry of Health is competent to create such a regulation and dismissed the plaintiff's claim. 

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Televisión Azteca, S.A. de C.V. v. Mexico, Registry No. 179987, Suprema Corte de Justicia de la Nación (Supreme Court)(2004).

  • Mexico
  • Dec 20, 2004
  • Supreme Court (Suprema Corte de Justicia de la Nación)

Parties

Plaintiff Televisión Azteca, S.A. de C.V.

Defendant Mexico

Legislation Cited

General Health Law

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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