Mexico discusses changes to tobacco marketing regulations

May 26e2022, the National Commission for Regulatory Improvement (CONAMER), published the preliminary draft of the “Decree amending, adding and repealing various provisions of the Regulations of the General Tobacco Control Law”.

The draft reform prohibits all forms of advertising, promotion and sponsorship of tobacco products, directly or indirectly, by any means of communication and dissemination, including print and audio media.

The proposal also prohibits the sale of tobacco products through platforms, digital applications or streaming services, where electronic marketing or intermediation is permitted. It also prohibits direct or indirect presentations of the product that allow the consumer to observe it or take it physically.

In addition, the proposed reform prohibits the use of tobacco product logos, trademarks or “brand elements”, as well as for non-tobacco products that include distinctive graphics, design features, slogans, sales messages, tobacco-related colors or color combinations. some products.

The above-mentioned measures that are proposed implemented in the regulations of the law limit the freedom of trade for various activities, as they represent unnecessary obstacles to free trade. They are also incompatible with international treaties, as they lack regulatory consistency with certain laws, including the federal law for the protection of industrial property by prohibiting the use of trademarks and slogans. Moreover, the proposed measures invade the powers that relate to other authorities and do not respect the hierarchy of laws.

Even if this proposal responds to a legitimate public health concern, our legal framework and our international commitments must be taken into consideration, to maintain healthy economic competition and a fair and free market that respects the rights of obligated subjects, including the right to free development. personality and self-determination of individuals.

© 2005-2022 OLIVARES Y COMPAÑIA SCNational Law Review, Volume XII, Number 196