Nueva Walmart de México v. Mexico
Recurso de queja contra el incidente de suspensión del juicio de amparo Indirecto 83/2023, del quejoso Nueva Walmart de México
- Jan 27, 2023
- Cuarto Tribunal Colegiado en Materia Administrativa del Primer Circuito
Plaintiff Nueva Walmart de México
Defendant United States of Mexico
Decree Amending, Adding, and Repealing Several Provisions of the Regulation of the General Law on Tobacco Control
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)
Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Access to Information
A violation of the public’s right to information. The tobacco industry may claim that advertising, promotion or sponsorship, or packaging regulations limit the industry’s ability to communicate information to their customers and therefore infringes on the customer’s right to receive information, and to distinguish one product from another. Alternatively, public health advocates may claim that tobacco industry misinformation violates their right to accurate information or that government must be transparent in its dealings with the tobacco industry.
Type of Tobacco Product
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.