TOBACCO CONTROL LAWS

Winsa S.A. v. Mexico

A Mexican food establishment, Winsa, filed an appeal for legal protection, claiming the Law Regulating Commerce in the Federal District (Ley para el Funcionamiento de Establecimientos Mercantiles en el Distrito Federal) was unconstitutional and violated the Mexican Constitution, which guarantees the right to equal protection. The articles at issue mandate that places selling food and drinks to the public for local consumption must be free of all tobacco smoke.  The Court held that since these articles applied to all commercial establishments and there was no discrimination, the articles were not in violation of the Constitution.

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Winsa S.A. v. Mexico, Registry No. 167118, Tribunales Colegiados de Circuito [Collegiate Circuit Courts](2009).

  • Mexico
  • Jun 29, 2009
  • Collegiate Circuit Courts (Tribunales Colegiados de Circuito)

Parties

Plaintiff Winsa, S.A.

Defendant

Legislation Cited

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

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.

Type of Tobacco Product

None

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