A unanimous ruling upholds restrictions on the sale and advertising of food and drinks high in sugar, fat and salt across Mexico’s National Education System, including universities.
Mexico’s Supreme Court has unanimously upheld a nationwide ban on the sale of junk food in schools, reinforcing rules that apply not only to primary and secondary classrooms but also to universities. The ruling backs 2024 guidance issued by the education and health ministries and gives fresh legal weight to restrictions on products high in sugar, fat and salt within the National Education System, while leaving sales outside school grounds untouched.
The decision came after the court rejected amparo challenges brought by Embotelladora del Fuerte, a Coca-Cola subsidiary, along with Maison Kayser and Mega Vending de México. The companies had argued that the rules infringed legal certainty, free competition, equality and the freedom to work, but the court found those objections unpersuasive. It also held that existing commercial agreements can run their course under their original terms unless they create a health risk for the school community, in which case adjustments may be required.
A key point of dispute was whether adult students at universities should be treated differently from children. Justice Giovanni Figueroa said the Constitution recognises the right of every person to sufficient, nutritious and quality food, regardless of age. The ruling also exposed differing views on university autonomy. Justice Yasmín Esquivel said autonomous institutions should not be placed under the same treatment as other schools, while Justice María Estela Ríos and Justice Lenia Batres argued that autonomy does not exempt universities from public-health rules directed at the education system as a whole.
Public officials quickly portrayed the ruling as a major step towards healthier school environments. Education Minister Mario Delgado said the ban on selling and advertising junk food now prevails across all schools in the system, from early education to higher education. He said 2025 had already brought 26 favourable rulings in related amparo cases, and claimed 86% of schools had removed junk food sales from their cooperatives. The court’s chief justice, Hugo Aguilar, described obesity and overweight as a serious national problem, citing official figures showing high rates among adults, young people and children.
The case lands against the backdrop of a wider public-health effort that has been building since reforms to the General Education Law were approved in December 2023 and detailed guidelines were published in 2024. Those rules cover the preparation, distribution and sale of processed food and drinks in preschools, primary and secondary schools, technical institutes and universities, and include products such as sweets, biscuits, sugary drinks and items carrying front-of-pack warning labels. Government health days in more than 64,000 public primary schools, where 8 million pupils have been assessed, found that five in 10 children are overweight or obese. Officials estimate the broader problem costs the state about MX650 billion a year, underscoring why the court’s ruling is likely to shape food policy in schools for years to come.
Disclaimer: This content is for informational purposes only and is not intended to be a substitute for professional medical judgment, advice, diagnosis, or treatment.
