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.


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)


Plaintiff Winsa, S.A.


Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product