Schools Could Temporarily Suspend Junk Food Sale Rules

The Supreme Court of Justice of the Nation (SCJN) ruled on Wednesday that educational institutions across Mexico may temporarily suspend the application of federal rules regulating the preparation, distribution and sale of food and beverages on school premises.

The decision, which resolves Contradiction of Criteria 137/2025 between collegiate courts, establishes that schools from basic to higher education can request provisional suspensions of these regulations if they can prove that the rules directly affect them.

The ruling concerns the General Guidelines for the Preparation, Distribution and Sale of Prepared, Processed and Bulk Foods and Beverages, as well as the Promotion of Healthy Lifestyles in Food, published by the Ministry of Public Education (SEP) in September 2024. The guidelines prohibit the sale of processed or packaged products with warning labels, such as fried snacks, chips and sugary drinks, and impose sanctions on schools that fail to comply.

Yasmín Esquivel, Minister, SCJN, who presented the majority opinion, explained that “schools of secondary and higher education have suspensional interest to request against the general guidelines for the preparation, distribution and sale of foods and beverages, as well as the promotion of healthy lifestyles.” She added that these regulations “are directed not only at those who commercialize foods but also at all schools within the National Education System, as they have obligations and possible sanctions related to noncompliance.”

The issue originated after conflicting rulings by two federal courts, one authorizing a school to obtain suspension of the rules and another denying that possibility. The new jurisprudence unifies these interpretations and allows affected institutions to seek legal relief through amparo proceedings.

One of the institutions challenging the guidelines was CINVESTAV, part of IPN. CINVESTAV argued that the rules restrict lawful activities within its facilities and that it should retain the ability to sell and advertise processed products, as long as they comply with health standards, and to freely prepare food in its cafeterias without ingredient prohibitions or penalties.

Giovanni Figueroa, Minister, SCJN, emphasized that the ruling does not authorize the sale or advertising of junk food in schools. “This criterion does not seek to permit or tolerate the sale or advertising of junk food within Mexican schools but only determines whether the provisional suspension can validly be granted to educational centers obliged to comply with the guidelines,” he said.