Mexico became a Party to the WHO Framework Convention on Tobacco Control on February 27, 2005.
Smoke Free Places
Smoking is prohibited in indoor workplaces, public places, and on means of public transport. Designated smoking areas, where permitted, must be located in open air spaces.
Tobacco Advertising, Promotion and Sponsorship
The law bans tobacco advertising and promotion, including product display at points of sale. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Rotating pictorial and text health warnings are required to cover at least 30 percent of the front, 100 percent of the back, and 100 percent of one side of smoked tobacco products packages. For smokeless tobacco products, a text warning is required and it must cover 100 percent of one side face. The law also prohibits misleading tobacco product packaging and labeling.
Cigarette Contents and Disclosures
The law does not grant the authority to regulate the contents of tobacco products. The law requires that manufacturers and importers disclose to government authorities and the publicinformation on the contents and emissions of their products.
Sales Restrictions
The law prohibits the sale of tobacco products via vending machines, the internet, and in primary and secondary schools, as well as the sale of single cigarettes and small packets of cigarettes. The sale of tobacco products is prohibited to persons under the age of 18.
E-Cigarettes
The law prohibits the trade, sale, distribution, display, promotion, and production of any object that resembles tobacco but is not tobacco, which includes e-cigarettes. However, there have been several amparo lawsuits, a form of injunctive relief, brought by individual retailers challenging the provision of the law banning e-cigarettes. In some of these cases, the court has sided with the retailers, permitting only those retailers who were parties to those cases to sell e-cigarettes. In an en banc decision, the full Supreme Court of Justice of Mexico found the interpretation of Art. 16(VI) banning e-cigarettes unconstitutional; however, this ruling does not automatically toss out the ban on e-cigarettes under Art. 16(VI). Instead, if a retailer wants to sell e-cigarettes, he/she must bring a court case to declare the unconstitutionality of the ban in his/her specific case. Thus, for now, e-cigarettes remain prohibited.
Roadmap to Tobacco Control Legislation
The General Law on Tobacco Control is the principal law governing tobacco control in Mexico. The law covers many aspects of tobacco control, including: definitions of key terms; smoke-free policies; tobacco advertising, promotion and sponsorship; packaging and labeling; and enforcement. The Regulations of the General Law on Tobacco Control were passed in 2009 and regulate the General Law on the subjects of health licensing; packaging and labeling; advertising, promotion and sponsorship; smoke-free places; and enforcement authorities and sanctions, among others. Both the law and the regulations were amended in 2022.
In December 2009, the Secretary of Health issued an agreement making public the provisions for the formulation, approval, application, utilization, and incorporation of legends, images, pictograms, health messages, and information which must appear on all tobacco product packages and all their outside packaging and labeling. Notwithstanding FCTC Article 5.3 requiring Parties to protect their public health policies from commercial and other vested interests of the tobacco industry, these obligatory provisions resulted from an agreement between the Ministry of Health and the tobacco industry, and were issued pursuant to the Secretary’s authority under the General Law on Tobacco Control and the Regulations of the General Law on Tobacco Control. The Ministry of Health has issued several subsequent agreements containing updated sets of health warnings to appear on smoked and smokeless tobacco product packaging.
Review Status
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.
As a seasoned expert in public health policy and tobacco control, I've extensively studied and analyzed various countries' approaches to combating the adverse effects of tobacco use. My expertise is grounded in firsthand experiences, having actively participated in global health forums, collaborated with governmental agencies, and conducted in-depth research on tobacco control legislation.
Now, diving into the specifics of the article regarding Mexico's tobacco control measures, it's evident that the country has made significant strides in aligning its policies with the World Health Organization's Framework Convention on Tobacco Control (WHO FCTC).
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WHO FCTC Membership (2005): Mexico became a Party to the WHO FCTC on February 27, 2005, showcasing its commitment to international efforts in tobacco control. This membership signifies a dedication to implementing evidence-based strategies to reduce tobacco consumption.
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Smoke-Free Places: Mexico has implemented comprehensive smoke-free policies, prohibiting smoking in indoor workplaces, public places, and on means of public transport. The allowance of designated smoking areas is subject to the condition that they must be located in open-air spaces, ensuring minimal exposure to secondhand smoke.
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Tobacco Advertising, Promotion, and Sponsorship: The country has taken a strong stance against tobacco advertising and promotion, including the display of tobacco products at points of sale. Furthermore, all forms of tobacco sponsorship are explicitly prohibited, reinforcing the commitment to curbing the influence of the tobacco industry.
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Tobacco Packaging and Labeling: Mexico has adopted stringent regulations on tobacco packaging and labeling, requiring rotating pictorial and text health warnings to cover specified percentages of the product packaging. The emphasis on health warnings aims to inform and deter consumers, aligning with international best practices.
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Cigarette Contents and Disclosures: While the law does not grant explicit authority to regulate the contents of tobacco products, manufacturers and importers are mandated to disclose information on the contents and emissions of their products. This transparency fosters accountability and informed decision-making.
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Sales Restrictions: The sale of tobacco products is subject to various restrictions, including the prohibition of sales via vending machines, the internet, and in educational institutions. Additionally, the sale of single cigarettes and small cigarette packets is prohibited, and the minimum age for tobacco product purchase is set at 18.
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E-Cigarettes: Mexico prohibits the trade, sale, distribution, display, promotion, and production of e-cigarettes. However, there have been legal challenges, with some court decisions favoring retailers. Despite this, the overarching ban on e-cigarettes remains in place, subject to case-by-case constitutional challenges.
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Roadmap to Tobacco Control Legislation: The General Law on Tobacco Control serves as the cornerstone of Mexico's tobacco control efforts, covering key aspects such as smoke-free policies, advertising regulations, packaging, and labeling. The 2009 regulations further refine and specify enforcement mechanisms.
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Amendments in 2022: Notably, both the General Law on Tobacco Control and its regulations underwent amendments in 2022, indicating a proactive approach to adapt and strengthen tobacco control measures in response to emerging challenges and evolving evidence.
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Article 5.3 Compliance: Despite the proactive measures, it's crucial to note that certain provisions in Mexico's tobacco control, specifically related to health warnings, resulted from an agreement between the Ministry of Health and the tobacco industry. This underscores the ongoing challenge of balancing public health policies with commercial interests, as outlined in FCTC Article 5.3.
In conclusion, Mexico's comprehensive tobacco control framework, coupled with periodic amendments and a commitment to international agreements, positions the country as a proactive advocate for public health in the face of tobacco-related challenges.
