December 4, 2022

Volume XII, Number 338

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December 02, 2022

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December 01, 2022

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In Mexico, a Reform Project Is Being Discussed That Contains Restrictive Measures for the Advertising and Marketing of Products Containing Tobacco

On May 26th, 2022, 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 Law for Tobacco Control”.

The reform project prohibits any form of advertising, promotion and sponsorship of products made with tobacco, directly or indirectly, through any means of communication and broadcasting, including print and sound media.

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

Moreover, the reform project prohibits the use of logos, trademarks or “brand elements” of tobacco products, as well as for non-tobacco products that include distinctive graphics, design aspects, slogans, sale messages, color or color combinations that relates to tobacco products.

The abovementioned measures that are proposed implemented in the regulation of the law, limits the freedom of trade for various activities, as they represent unnecessary obstacles to the free trade. They are furthermore incompatible with International Treaties, as they lack regulatory coherence with some laws, among others the Federal Law for the Protection of Industrial Property by prohibiting the use of trademarks and slogans. Moreover, the proposed measures invade powers that relates to other authorities, as well as disrespects the hierarchy of laws.

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

© 2005-2022 OLIVARES Y COMPAÑIA S.C.National Law Review, Volume XII, Number 196
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About this Author

Armando Arenas Intellectual Property and Litigation Attorney Olivares Law Firm Mexico City
Partner

Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions. Mr. Arenas is especially adept in patent litigation and protection under Mexico’s patent linkage system...

+52 (55) 5322 3000 Ext. 3906
Partner

Alejandro Luna has been alternately dubbed “an extraordinary litigator, active at every level,” “responsive and insightful,” and “a knowledgeable IP practitioner offering creative and cost-effective advice” by his peers, according to IAM Patent 1000, while World Trademark Review’s WTR 1000 called him “a reliable ally for any party in a dispute”. Since joining OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical...

+52 (55) 5322 3000
Abraham Diaz Lawyer IT Privacy OLIVARES
Partner

Abraham Díaz “adds value for clients with diverse portfolios as a result of his tripartite copyright, trademark and unfair competition expertise,” according to World Trademark Review’s WTR 1000.

He co-chairs OLIVARES’ Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on copyright, trademarks, unfair competition, litigation, licensing and prosecution matters. He also counsels clients on trade dress, product configuration, advertising, false...

+52 (55) 5322 3000
Víctor Ramírez Mexico City Patent Attorney Olivares
Partner

Victor Ramírez is co-leader of OLIVARES’ trademark practice group, focusing chiefly on counseling, negotiating and prosecuting Industrial Property disputes (nullity, caducity and infringement proceedings) before the Mexican Patent and Trademark Office (IMPI).

 Since joining the firm in 1999, Mr. Ramirez has served clients across a variety of industries, including high-tech, electronics, and software, and has helped to develop anti-counterfeiting and antipiracy strategies to protect and enforce companies’ intellectual property rights in both...

52-55-5322-3000 x3217
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