On December 16, 2022, the Regulations of the General Law for Tobacco Control (“Regulations”) were published in the Official Gazette of the Federation, which came into force on January 17, 2023.
In this regard, the expansion of 100% smoke-free spaces is highlighted, through the prohibition of consuming any tobacco or nicotine product in spaces called "collective concurrence”, which correspond, among others, to places where food or beverages are consumed or served. In this regard, the Regulation introduces an absolute ban on the consumption of tobacco or nicotine, eliminating the possibility of having a space designated for tobacco consumption.
It is public knowledge that establishments dedicated to the sale of food and beverages have filed various amparo lawsuits against this absolute prohibition, which are still pending resolution.
In this regard, it is worth noting that a District Judge granted a definitive suspension to the effect that the prohibition of the Regulation is not applicable to the person who filed the lawsuit until it is resolved. It is important to note that the authority can challenge the Judge's decision, which, if applicable, would be resolved by a Collegiate Court.
In this regard, we consider that the position upheld by the Judge, in granting the suspension, preliminarily confirms that the arguments of unconstitutionality are reasonable, and there is still the opportunity to file an amparo suit against the first specific act of application of the Regulation.
