Análisis jurídico del convenio entre la SSA y la industria tabacalera. Estudio de caso

Abstract

In the aftermath of Mexico's ratification of the Framework Convention on Tobacco Control, from June 2004 through December 2006, tobacco regulation by Mexico's government came to be shaped by an agreement between the health authorities and the leading tobacco companies in Mexico. This agreement set federal tobacco control regulation, subjecting it to the approval of tobacco companies themselves. In addition, it established a donation by tobacco companies to the health authorities to be directly determined by the volume of tobacco sales in the country. So as to contribute to the full understanding of this agreement, this article strives to clearly identify its implications from a strictly legal perspective. On one hand, this study identifies the irregularities of the agreement in light of the applicable law; on the other, it identifies those elements that actually do comply with applicable law. In consequence, the text is divided in four sections: i) the first section explains the terms of the agreement itself, ii) the second section identifies those aspects of the agreement which are contrary to law, iii) the third section identifies those aspects of the agreement which are in accordance with law, and finally iv) presents the conclusions that follow from the preceding analysis.