On December 16, 2022, a decree amending, adding, and eliminating several provisions of the Regulations of the General Law for Tobacco Control was published in the Federal Official Gazette, which aims to establish the control, promotion and sanitary surveillance of tobacco products, their elaboration, manufacture, importation, advertising, promotion and sponsorship.

Through such decree, it seeks to prohibit all types of advertising, regardless of the target public; specifically, the media that have been banned by the decree for the promotion of tobacco products are, among others, the following:

• printed media;
• sound, visual or audiovisual communication;
• social networks, streaming services, games and
  video games;
• internet advertisements;
• giveaways, raffles or contests; and
• advertising on commercial premises, clubs or bars.

Among other issues, the decree provides the prohibition of direct and indirect display of tobacco products at points of sale, the former being understood as the placement of tobacco products through shelves, counters, exhibitors, among others, inside establishments and points of sale, which allow the consumer to directly observe such products and, if applicable, to take them directly, while indirect display is understood as the placement or storage of tobacco products in closed containers or boxes located above or below the counter, in closed cabinets or drawers that allow the consumer to indirectly observe such products.

In said decree, it mentions the areas in which people may not inhale tobacco or any nicotine emissions, such as the following:

• beaches;
• parks;
• sports facilities;
• stadiums;
• terraces; and
• patios

Notwithstanding the foregoing, there will be smoking areas hat must comply with certain requirements established in the decree. Smoking areas must be 10 meters away from the entrances and exits of the establishment, have signs that prohibit the entry of minors and the damages and effects to health and be separated from the 100 percent smoke-free areas.

There are sufficient legal arguments to challenge such decree as it violates several human rights and constitutional principles. An Amparo Indirecto lawsuit may be filed against such decree before the District Courts within 30 business days from the date of its entry into force, meaning February 27, 2023.

Please note that the decree became effective 30 calendar days after its publication in the Federal Official Gazette, on January 15, 2023.