Santamarina Steta

Protection Proceedings against the Regulations of the General Law for Tobacco Control

On December 16, 2022, the Regulations of the General Law for Tobacco Control ("Regulations") were published in the Official Gazette of the Federation, which became effective on January 17, 2023. 

In this regard, it is important to highlight the expansion of 100% smoke-free spaces, by prohibiting the consumption of any tobacco or nicotine product in spaces known as "collective concurrence", which correspond, among others, to places of consumption or services of food or beverages. In this sense, the Regulation introduces an absolute prohibition concerning the consumption of tobacco or nicotine, eliminating the possibility of having a designated space for tobacco consumption.

It is a matter of public knowledge that establishments dedicated to food and beverages sale have filed several injunction lawsuits against such absolute prohibition, which are still pending resolution. 

In this regard, a District Judge granted a definitive suspension to the effect that the prohibition of the Regulation will not apply to whoever filed the lawsuit until it is resolved. It is important to note that the authority may challenge the Judge's decision, which, if applicable, would be resolved by a Collegiate Court.

In this sense, we consider that the position sustained by the Judge, in granting the suspension, preliminarily confirms that the arguments of unconstitutionality are reasonable and that there is still an opportunity to file an amparo lawsuit against the first concrete act of application of the Regulation.

Mariano Calderón


Jair Vaca


Alexa Zuani