Nueva Walmart de México v. Mexico

Walmart Mexico filed an amparo lawsuit against the Decree Adding, Amending, and Repealing Several Provisions of the Regulation of the General Law on Tobacco Control, published on December 16, 2022, that establishes, among other measures, a total ban on the advertising, promotion, and sponsorship of tobacco products, including a ban on product display at points of sale.

While the amparo is in process, the complainant requested the suspension of the regulations so the company could continue operating as it did before these regulations became effective. The judge did not grant the suspension, reasoning that the regulations aim to maintain public order and that protecting people's health, especially of children and adolescents, is a social interest. The regulations intend to protect the right to health, which has an individual or personal dimension and a public or social one, which the State must address and take necessary actions. In addition, the judge highlighted that the challenged regulations are grounded in the WHO Framework Convention on Tobacco Control, to which Mexico is a Party.

Walmart Mexico appealed this decision and again a judge ruled against the company.


Nueva Walmart de Mexico v. Mexico, Resolution of Complaint (I-b) 33/2023, Fourth Collegiate Tribunal in Administrative Matters of the First Circuit (2023).

  • Mexico
  • Jan 27, 2023
  • Fourth Collegiate Tribunal in Administrative Matters of the First Circuit [Cuarto Tribunal Colegiado en Materia Administrativa del Primer Circuito]


Plaintiff Nueva Walmart de México

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