A few days ago, the Secretary of Health (SSA) published an Official Communication in the Official Gazette of the Federation, which determines the series of labels, images, pictograms and health information that must appear on all cartons of tobacco products and on all external packaging and labeling thereof. The Official Communication will be applied from June 1, 2020 until November 30, 2021. As part of the new health warnings on cigarette cartons, SSA has proposed the new printed statement “Smoking can exacerbate damage from COVID-19”.

Contrarily, the National Tobacco Industry Council (CONAINTA) states that there is no scientific evidence for a relationship between tobacco use and the COVID-19 infectious disease. According to the WHO, smoking is associated with an increase in the development of acute respiratory distress syndrome, a key complication in severe cases of COVID-19.

This regulation has caused controversy among tobacco companies about whether the new text statement that correlates tobacco use and COVID-19 should be used. Due to the fact that COVID-19 is a new disease caused by a novel member of the coronavirus family, the link between tobacco use and the disease needs further research before the enactment of this type of regulation. The relevance of this news is that again, it appears that in Mexico, a regulation is being implemented without solid or definitive technical evidence, which can result in legal actions to avoid uncertainty and discretionary application of the regulatory measures. 

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Abraham Díaz

Abraham Díaz

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’ Litigation Team, as well as Data Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on litigation, copyright, trademarks, unfair competition, licensing, prosecution and opposition matters. He also counsels clients on trade dress, product configuration, advertising, false advertising, trade secrets, plant breeders’ rights, vegetal varieties; right of publicity; Internet and digital environment related issues, IT and Data Privacy matters.
Alejandro Luna Fandiño

Alejandro Luna Fandiño

Partner

Alejandro Luna joined 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 Law industry group and coordinates the Litigation Department.
Armando Arenas

Armando Arenas

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.
Daniel Sánchez

Daniel Sánchez

Partner

Daniel Sanchez joined OLIVARES in 2000 and became a partner in 2011. He is one of the leading intellectual property (IP) and administrative litigators in Mexico and is recognized by industry rankings and publications.
Gustavo A. Alcocer

Gustavo A. Alcocer

Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions.
Sergio L. Olivares Sr.

Sergio L. Olivares Sr.

Partner

Sergio L. Olivares Sr. joined OLIVARES in 1987 and today leads the firm with strength and a commitment to transparency, client satisfaction, and personal service. He has been a partner since 1994 and Chairman of the Management Committee since 2009.

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