Mexico introduces tough new anti-smoking law

Mexico has enacted a total ban on smoking – including the use of e-cigarettes or heated tobacco products – in social settings. The measure, which was first approved in 2021, also includes a ban on tobacco advertising. Several other Latin American countries have also passed laws aimed at creating smoke-free public spaces. However, Mexico’s legislation is considered the strongest and most comprehensive in the Americas.[1].

On December 16, 2022, Mexican President Andrés Manuel López Obrador issued a "decree law" reforming several articles of the current tobacco control legislation. This new law aims to strengthen the rules on the consumption and advertising of all tobacco and nicotine products, including heated tobacco and electronic cigarettes.

These changes have therefore officially come into force since Sunday, January 15, 2023. This reform of the legislation has been welcomed by the World Health Organization and public health stakeholders.

A total ban on tobacco advertising and propaganda

The new law now prohibits advertising of tobacco and nicotine products in all media, including online and social media, as well as cinema, television, theatre and points of sale where the products will no longer be allowed to be displayed. Instead, stores will have to offer a simple text list of the price of each product. It will also not be allowed to display the logo, slogan or graphic characteristics of the different brands concerned.

The regulation not only limits explicit promotion and advertising, but also includes a section on subliminal messages classified as propaganda that could encourage consumption, particularly during sporting competitions, for example in the context of broadcasts of Formula 1 competitions or in video games.[2].

These bans bring Mexico's anti-smoking law into line with the World Health Organization's Framework Convention on Tobacco Control, which Mexico ratified in 2004.

An extension of smoke-free spaces

Mexico's 2008 law, which established smoke-free areas in bars, restaurants and workplaces, has now been extended to a total ban in all public spaces. Among the additions to the then-current legislation is Article 65 bis, which states that it is prohibited to " consume or light any tobacco or nicotine product in places of collective conviviality”.

This concerns, among others, terraces, beaches, stadiums, shopping centres, hotels, medical-social establishments, places of worship, amusement parks, playgrounds, entertainment centres, places of consumption or service of food or drinks, public transport platforms, markets, etc.

Article 60 of the current text states that smoking areas may only be located in open-air spaces, in which it is prohibited to provide any service, consume food, drink or provide entertainment as well as conduct social or leisure activities. These areas must not be located in a place of compulsory passage for people or be located at the entrances or exits of buildings. They must be located at least 10 meters from these passages. Also, access and the presence of minors are prohibited in these smoking areas. Pregnant women must be alerted when they enter smoking areas, of the risks they and their child run, by a warning. The same applies to the elderly and those suffering from cardiovascular, respiratory diseases, cancer.

This new law will help reduce tobacco use and protect the 130 million people in Mexico from second-hand smoke and exposure. Nearly 14 million Mexicans, or 17,000,000 of the population over the age of 15, smoke tobacco regularly. One in four men and one in 13 women are smokers. Approximately 51,500 Mexicans die each year from tobacco-related diseases, representing 10,000,000 of all deaths. Approximately 20,000 adults are exposed to second-hand smoke in the workplace.

Increased sanctions for non-compliance with the law

If smokers or establishments do not comply with the provisions of the general regulations, they are liable to administrative sanctions from the health authorities, as provided for in Title Seven of the new text.

Fines can be up to 100 times the general daily minimum wage if a person smokes in places where smoking is prohibited and up to 4,000 times the general minimum wage for establishments that do not enforce the “100 % smoke-free and emission-free” obligation. In the event of a repeat offence, the amount of the fine will be doubled.

Establishments also face temporary or permanent administrative closure if they fail to comply with the law.

Keywords: Mexico, anti-smoking law, tobacco control, smoke-free spaces, advertising, CCLAT

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[1] ¿Which spaces are prohibited from smoking in Mexico all the time? ¿Dónde se podrá? ¿Quánto es la multa?, CNN, published January 17, 2023, accessed January 18, 2023

[2] Alejandro L. Lopez, Ley anti-tobacco: ¿en que que lugares ne se puede de smoking en México?, EL PAÍS, published on January 17, 2023, consulted on January 18, 2023