Anti-smoking laws: what they are about and what substance is next?

By Bernardo Moreno González

For a few days we have seen that cigarettes are now hidden in stores. We have also found out that smoking is no longer allowed on terraces and public places. The anti-smoking law came into force, and although the sale of cigarettes is still legal smoking will be quite restricted.

For those of us who smoke, and for those who find smoke truly uncomfortable, here are some facts that may interest you. The reform prohibits advertisements on the internet, social networks, movies, television, and theater. That includes not only advertising, but also subliminal messages. As we have seen, the direct display of any tobacco-related product as well as images, slogans, and logos, is prohibited, although establishments are authorized to have a textual list with name and price. The image of smoking or smoke products on sports clubs, teams, caps, t-shirts, or helmets is prohibited. The same applies to video games and data storage devices.

As of January 15, the law prohibits smoking in: patios, terraces, balconies, amusement parks, playgrounds, sports areas, beaches, entertainment centers, courts, stadiums, arenas, shopping malls, markets, hospitals, clinics, churches, bars, restaurants, truck stops, workplaces, schools of any level, and on public transportation. All of the above are considered to be spaces for collective gathering. Exclusive smoking areas are maintained in restaurants, bars, hotels, and entertainment venues—but now the establishment will not be able to offer any service in these areas in addition to the fact that they must be physically separated and ten meters away from the place of congregation. The fines for people who are caught smoking in prohibited places are up to 20,700 pesos. Fines for establishments that do not comply with the law range from 60,000 pesos to more than 800,000 or the closure of the place. For tobacco companies, the fines are up to 2,000,000 pesos. Inspectors will be appointed and trained by the Health Department. The amount raised by fines will go to the Anti-Tobacco Program. Anyone can make an anonymous complaint to COFEPRIS by calling 800 033 5050. Let us remember that in Mexico, the health care expenses attributable to smoking are more than 116,000,000,000 pesos. An avalanche of injunctions by the main tobacco companies is expected, arguing that overregulation can fuel a black market which will only benefit certain groups.

With this reform to the anti-smoking law Mexico is at the forefront on the subject and becomes one of the 10 countries with such regulation. The spirit of the law has a couple of objectives: that young people and children are not in contact with smoke; that smoking should not appear «normal» to them; and consequently the number of new «fans» decreases. The other objective is to avoid a certain percentage, within the next 10 years, in deaths and illnesses related to tobacco use. 

This law could be taken as a good example of the regulation of a recreational substance that is harmful to health. It broadens the panorama for other substances, such as alcohol, which is also a very serious public health issue. While the regulation of marijuana has been stuck in the legislative process, it does not produce nearly the damage to health as that of tobacco nor the social disorder that the consumption of intoxicating beverages represents in the family nucleus. 

Another plant that puts the world, and particularly Mexico, in a predicament is the poppy which by itself is very beautiful. But, some varieties can be turned to opium after a relatively simple process. Its derivatives have many applications mainly in the pharmaceutical industry. The prohibition of a plant does not make sense. The debate in search of solutions is urgent for obvious reasons of safety, health, and economy. That is why the regulation of substances must be based on objective and scientific data from different disciplines. It should not be carried away by pressure groups (lobbies) that respond to interests that are far from the common good.