Issue:
A food company, Del Fuerte, filed a petition against the Ministry of Health and Education to challenge the ban on the sale of unhealthy food established in mexican schools.
Summary:
In 2016, the Supreme Court of Mexico made a decision regarding the sale of unhealthy food in educational institutions. While the court acknowledged the government’s goal of promoting healthy eating habits, it ruled that a complete ban on unhealthy food sales in higher education institutions (i.e. universities) was excessive and unconstitutional. However, the prohibition remains in force for the other lower mexican educational levels, such as primary, middle and high school.
The court reasoned that most university students are adults who are not subject to special State protection as children and adolescents. Therefore, restricting or prohibiting the sale of unhealthy food in universities was seen as an infringement upon their personal freedoms. Furthermore, it ruled that the restriction and prohibition violated the rights of work and commerce, as guaranteed by Article 5 of the Political Constitution of the United Mexican States, as they unjustifiably limit a lawful commercial activity.
This decision has significant implications for the regulation of food and beverage sales in educational settings in Mexico. It highlights the balance between promoting public health and protecting individual freedoms.