Why Oxxo will be able to display cigarettes despite the anti-tobacco law

After the call Anti-tobacco law entered into force on January 15, various commercial establishments – which said they were concerned by the measure – filed injunctions. Now it was the shops oxxo which they obtained a permanent suspension to display tobacco products.

The FEMSA-owned company filed on January 24, according to the company, an indirect amparo appeal against the amended provisions for Regulations of the General Tobacco Control Law, approved by the Congress of the Union.

That proceeding was transferred to the Second District Administrative Court of the Fourth Circuit, which admitted it and granted a provisional stay on February 3. It was on February 21 that Oxxo obtained the definitive suspension, with which the requested provision regarding the cigar exhibition will not be applicable.

However, this does not mean that the chain of convenience stores does not have to comply with the law, since it must still comply with the obligations established in the latest version of the regulation. With said suspension, Oxxo must continue to be subject to compliance with the obligations provided for by the General Tobacco Control Law, as well as its previous regulations,” the document reads.

The new ordinance establishes, among other things, that tobacco cigarettes cannot be shown to the public in formal establishments, while smoking in public spaces is also prohibited on its pages.

However, Oxxo was not the only company to take refuge, since more than a thousand appeals have already been processed against the measure which prohibits exposure, mainly, of which around twenty have already been granted until Tuesday. , according to the organization unveiled ConComercioPequeño.

For its part, the National Small Business Alliance (ANPEC) also reported having filed about 700 lawsuits against the reform of the law, grouped into 27 amparos. Cuauhtémoc Rivera, president of the organization, indicated that procedures have been received from 25 states of the Republic.

Also, he described the reform of the regulations as “prohibitionist decreewhich affects two million independents – small traders -, since in some cases the sale of cigarettes corresponds to 25% of the total income of the said sellers, he specified.

Also, the commercial store walmart it also defended itself against the resolution from the first days of its entry into force, being the first commercial entity to appeal. Said multinational applied to the Seventeenth District Court for Administrative Matters of Mexico City for protection against the decree; however, they still have not received a response.

restaurant chain VIPIn the same way, he had recourse to administrative justice by filing an appeal for protection; however, Agustín Tello Espíndola, Eleventh Administrative District Judge of Mexico City, dismissed the precautionary measure against the company. Similarly, the brand Havana 2000 he also rejected and appealed to the judiciary, although the Fourth Administrative Court did not grant the claims.

For his part, the President of the Confederation of National Chambers of Commerce, Services and Tourism (Concanaco), Hector Tejada Shaarsaid that the new rules approved by the Mexican legislation against cigarettes will have consequences for companies, affecting their sales.

“We are seeing economic allocation in 1.5 million economic units, including stores, restaurants, hotels,” Tejada Shaar said. “We defend legality and the rule of law. If an establishment does not agree or has an undue economic impact due to the law, we at Concanaco Servytur are prepared with a group of offices that cannot help to proceed with the protection, “he said. -he declares.