To document the key barriers and facilitators to implementing a WHO Framework Convention on Tobacco Control-guided tobacco control law in Mexico.
We analysed public submissions to the 2022 General Law for Tobacco Control (GLTC) regulations and interviewed 14 key stakeholders. We applied the Policy Dystopia Model and thematic framework analysis to examine the data.
Between July and November 2022, 421 public comments (376 in opposition, 38 in favour) were submitted to the GLTC regulations. The top opposing discursive strategies (80.5%) argued the regulations would cause unanticipated costs to the economy, society and public health. The top supporting discursive strategies (50.5%) argued the policy would protect people who do not smoke and save lives, which led to upholding strong regulations. Key barriers to implementation included industry interference, monitoring and evaluation system legal issues, lack of funding and resources, government system coordination issues and a lack in organisational knowledge. The tobacco and restaurant industry and convenience stores filed over 2500 constitutional lawsuits (amparos) throughout Mexico challenging the regulation’s legality, which has delayed and undermined enforcement. Key facilitators included government and intergovernmental support, financial mechanisms and health advocacy support, which contributed to education efforts, increased monitoring and technical support to address injunctions.
The tobacco industry remains the biggest barrier to implementation, using legal and economic arguments to weaken regulations and shifting venues to the judicial branch to undermine enforcement efforts. Lack of resources and legal delays remain key barriers. Financial and technical support and communicating the economic importance of tobacco control can help uphold strong regulations. More efforts are needed to educate judicial systems to protect policies.