Cesar Arellano Garcia
Newspaper La Jornada
Thursday, January 19, 2023, p. 13
The companies Walmart de México and Habano 2000 SA de CV filed amparo proceedings against the new Regulations of the General Law for Tobacco Control, which came into force this week and prohibits grocery, convenience and self-service stores from displaying to the public cigarette packs.
Walmart filed the appeal on January 16 and indicated as the acts claimed the decree that amends, adds, and repeals provisions of the Regulations of the General Law for Tobacco Control, as well as the prohibition of displaying and placing tobacco products in shelves, counters, exhibitors, among others, in establishments and points of sale, that allow the consumer to directly observe said products and, where appropriate, take them, in order to promote and encourage purchase for consumption.
In addition, it challenged the restriction to place or store tobacco products in closed containers or boxes that are located above or below the counter, in closed cabinets or drawers that allow the consumer to indirectly observe said products.
Judge Celina Angélica Quintero Rico has not yet allowed the trial to proceed, since she warned the transnational company to correct the inconsistencies in its writing within five days. If they do not comply, the amparo claim will be deemed not filed.
For its part, the company specializing in the sale and distribution of Mexican and international Havana cigars filed an appeal for amparo before the fourth district court for administrative matters in Mexico City. Judge Ulises Oswaldo Rivera González admitted the tobacco company’s amparo for processing, but denied the provisional suspension. He maintained that by granting it, provisions of public order and social interest would be contravened, taking into account the damage that the consumption of products made with tobacco can cause to the public.
Habano 2000 SA de CV requested the precautionary measure so that the effects of the regulation are not applied, in order to continue with the advertising, promotion and sponsorship of products made with tobacco, directly or indirectly, through any means of communication and dissemination as the direct or indirect display of said products. The justice administrator set the incidental hearing for January 26 when he will determine whether to grant the final suspension.
