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.
In 2012, the Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) imposed a fine of more than 60 thousand pesos on a retailer who offered electronic cigarettes in a commercial establishment. In response, seller José Armando Contreras Neri filed a lawsuit challenging Article 16 of the General Law on Tobacco Control which states: "It is prohibited to trade, sell, distribute, display, promote or produce any object that is not a tobacco product which contains some of the brand elements or any type of design or auditory sign that identifies it with tobacco products."
The Supreme Court of Justice of the Nation (SCJN) determined that the sale of products related to tobacco, such as electronic cigarettes, cannot be prohibited. The Court reasoned that despite the fact that the law seeks to protect health, this cannot be done at the cost of an excessive affectation of other goods and rights. The Ministers agreed that prohibiting the sale of these products to protect public health and the environment violates the right to equality, since at the same time the sale of tobacco is allowed. Thus, they revoked the judgment that prohibited the retailer from selling electronic cigarettes and the fine imposed by COFEPRIS. The seller may continue with the offer of electronic cigarettes as long as it does so in accordance with the laws that regulate the sale of conventional cigarettes.
This ruling applies only to the plaintiff who was a party to this case, José Armando Contreras Neri. However, if the same court issues five judgments with identical holdings, the decision would be binding nationally. This is the first such decision by the Second Chamber.