Overview
- Mexico’s Supreme Court, in a unanimous ruling on Wednesday, resolved Diego Luna’s case over a 2011 Johnnie Walker campaign and ordered a new calculation of his indemnity.
- The Court said the minimum payment must be 40% of the product’s public sale price and it cannot be reduced by production, distribution, or marketing costs.
- Judges must limit the base to sales where and when the illegal ad actually ran and update the amount for inflation using Mexico’s consumer price index.
- The decision creates binding precedent nationwide, raising the legal risk for advertisers and pushing companies to document campaign reach, timing, and sales tied to disputed ads.
- The justices declined to award compensation for Luna’s minor child in this case because the child was not a party, though they noted a separate lawsuit could seek that relief.