Readings > THE REGULATION OF THE GENERAL LAW IN MEXICO HAS BEEN REFORMED FOR TOBACCO CONTROL.

New provisions entered into force on January 2023, regarding the prohibit of the following activities:

Any form of advertising, promotion, and sponsorship  or any other activity that encourages the consumption of tobacco products, directly or indirectly, through any printed, electronic, sound, visual, or audiovisual.

• Expansion of protection against smoke and emissions from any tobacco and nicotine product.
• Direct or indirect display at points of sale, which allow the consumer to observe and take them directly.
• The use of logos, trademarks or “trademark elements” of tobacco products and also in non-tobacco products, which include the distinctive, graphic and design aspects as well as the slogan or sales messages and the color or combination of colors that are related to the products.

The spaces free of smoke are also expanded in the following places:

• Workplaces
• Malls
• Parks
• Stadiums
• Public transportation
• Schools at all levels of education, including universities.

With the new reform, smokers will have a designated space to smoke always and when it is outdoors and at least 10 meters away from the entrance to any establishment.

The marketing of tobacco and nicotine products will be allowed if the products are not advertised and the vendor must follow th rules and specifications of the price list to the public.

The Federal Law for the Protection of Industrial Property regulates certain cases in which the state may prohibit or regulate the use of trademarks or the circulation of products, it must be said that the only authority empowered to impose such limits or restrictions is the one that granted the corresponding registry, which is the Mexican Institute of Industrial Property (IMPI).

Although the new reform addresses a legitimate public health concern, our legal framework and the acquired international commitments must also be taken into consideration in order to maintain a healthy economic competition and fair freedom in the market that respects the rights of the obligated subjects

Managing Director at Guerrero y Santana, has over 25 years’ experience advising companies from SMEs to multinationals, as well as individuals, on tax and estate planning. He is also Global Vice Chairperson of the Trust and Estate Planning Practice Group and Latin American Chairperson of the GGI International Taxation Practice Group (ITPG)

sguerrero@guerrerosantana.com.mx

www.guerrerosantana.com.mx