What argument did the lawyer use?
The lawyer, expert in compliance y amparo and founding partner of Oca Law Firm, explained that since the entry into force of the regulation he could not verify, through touch and aroma, that the cigar tobacco it was fresh.
“I have the right to see that the cigars do not have lasioderma, but if they give me a list, as it happens with the wine lists as if it were a restaurant, I cannot do it,” he declares. “With this law, our rights as consumers are limited,” he adds.
The argument used by the lawyer is that the new regulation limits the right of the free development of personality, that is, your ability to decide what you want to consume, as long as this does not harm third parties or incur a federal crime.
Ortiz processed his amparo as a natural person and, now, he can ask any store to open the humidors for him to touch and smell the cigars. “All people who believe that their rights are being violated (with this regulation) know that they have a defense,” he declares.
What options do tobacco users have?
Smokers and users who want to resort to this legal tool have the option of joining the amparo claim of a business that has carried out the process, even if the suspension has been denied, but they can also do so individually.
The specialist comments that the ideal is for users to have requested access to the product, and once access has been denied, they file a claim for protection, arguing that they are not experts in brands of cigarettes or cigarsin addition to restricting their right to free development.
In accordance with his experience, Ortiz considers that it is easier to file an amparo claim for a natural person against commercial establishments, because no one is restricting him or affecting third parties with his decision.
“We are evoking that the regulation is not only poorly done, but also the conflict that the executive branch is generating by issuing regulations that go beyond the law when they have to assert consumer rights,” concludes the expert.
