The new Regulation of the General Law for the Control of Tobacco, which prohibited the sale of drinks and food in the areas that were intended for smokers in the country’s restaurants, He already received his first setback in a federal court in Mexico Cityan instance that suspended the application of this rule in favor of a well-known restaurant-bar in the country’s capital.
“This court determines grant provisional suspension to the complaining party, for the purpose that the claimed regulatory norms are not applicable, only with regard to the absolute prohibition of smoking in establishments dedicated to the service of food and beverages ”, details the judge’s ruling Ulises Oswaldo Rivera Gonzalez, whose copy you own HIGH LEVEL.
The head of the Fourth District Court in Administrative Matters of Mexico City granted this precautionary measure, which is suspended -for the moment- the application of the anti-smoking regulationonly for the benefit of the business that promoted an Amparo Trial against him.
Thus, the restaurant-bar benefited from this provisional suspension will be able to sell food and beverages in its areas designated for smokers, having to observe in other aspects the provisions set forth in the General Law for Tobacco Control and its previous regulations, specified the togado .
Contrary to this determination, the authorities sued by The Great Golden Lionamong which is President Andrés Manuel López Obrador, can promote a Complaint Appeal, which must be resolved by a Collegiate Court.
This provisional suspension stands out because it is the first to be granted so that the reform to the Regulation of the General Law for Tobacco Control ceases to apply. In addition, the suspension was granted by the same judge who, at the end of January, denied the same benefit to several companies that also sued the unconstitutionality of the new provisions.
The anti-smoking regulation, which entered into force on January 15, indirectly prohibited smoking areas in bars and restaurants, by ordering that these businesses cannot offer drinks and food, or any entertainment service, in areas where smoking is allowed.
In the District Courts in Administrative Matters of Mexico City More than 15 amparos have already been filed against the regulationsunder the argument that it violates articles 1, 4, 5, 14, 16, 25, 73 and 133 of the Constitution, by violating due process, freedom of trade, and exceeding what is provided in the law that regulates tobacco products in Mexico.
In addition to prohibiting food and drinks from being sold in smoking areas in restaurants in the country, regulatory changes also outlawed smoking in hotels, parks, beaches, performance and entertainment centersfields, stadiums, arenas, shopping malls, markets, and transportation stops.
Similarly, the reformed Regulation, which was published in the Official Gazette of the Federation on December 16, provided that all commercial establishments stop displaying the cigarette packs they have for sale.
The new guidelines aim to protect Mexicans from exposure to tobacco smoke.
MORE NEWS:
surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.