TOBACCO CONTROL LAWS

Philip Morris México, S.A. de C.V. v. Mexico

Philip Morris Mexico presented an appeal for legal protection claiming that an advertising regulation exceeded the scope of the originating law.  The law establishes that the Ministry of Health must authorize any advertisement or promotion regarding health-related products, such as alcohol and tobacco. The regulation states that this authorization is necessary not only for tobacco products, but for any products pertaining to a tobacco brand. The Court held that the regulation does not exceed the scope of the law because indirect advertisement and the use of brands can lead to the consumption of products like tobacco that are harmful to people's health. 

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Philip Morris México, S.A. de C.V. v. Mexico, Registry No. 181418, Suprema Corte de Justicia de la Nación [Supreme Court](2004).

  • Mexico
  • May 19, 2004
  • Supreme Court (Suprema Corte de Justicia de la Nación)

Parties

Plaintiff Philip Morris México, S.A. de C.V.

Defendant Mexico

Legislation Cited

General Health Law for Sanitary Advertisement Control (Ley General de Salud en Materia de Control Sanitario de la Publicidad)

Regulation for the General Health Law for Sanitary Advertisement Control (Reglamento de la Ley General de Salud en Materia de Control Sanitario de la Publicidad)

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

Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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