scholarly journals The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Control Measures ◽  
The European Union ◽  
Health Warnings ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Philip Morris

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2003 from further investor and trade challenges.

scholarly journals The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership

2018 ◽  
Vol 7 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Control Measures ◽  
The European Union ◽  
Health Warnings ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Philip Morris

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2013 from further investor and trade challenges.

scholarly journals Investor-State Dispute Settlement and Tobacco Control: Implications for Non-communicable Diseases Prevention and Consumption-Control Measures

2017 ◽  
Vol 17 (2) ◽  
pp. 102 ◽  
Author(s):  
Hope Johnson
Keyword(s):  
Alcohol Abuse ◽  
Tobacco Control ◽  
Dispute Settlement ◽  
Communicable Disease ◽  
Communicable Diseases ◽  
Control Measures ◽  
Non Communicable Diseases ◽  
Plain Packaging ◽  
Philip Morris ◽  
Consumption Control

Public health advocates and policy makers have long considered how to translate the successes of tobacco control measures to address alcohol abuse and the excessive consumption of ultra-processed and nutrient-poor foods. Correspondingly, the strategies adopted by tobacco companies to prevent or delay regulation often parallel those adopted by the alcohol and food industries. Philip Morris, a leading tobacco company, has recently used investor–state dispute settlement (ISDS) mechanisms as a new strategy to hinder or prevent tobacco control measures in the form of plain packaging requirements. The cases that followed may have implications for the development of novel consumption-control measures, like plain packaging laws, aimed at preventing non-communicable diseases such as cancer and cardiovascular disease. This paper considers how the challenges to tobacco control measures through ISDS mechanisms could affect the development of consumption-control measures aimed at reducing alcohol abuse and unhealthy food consumption for non-communicable disease prevention. Using the recent ISDS challenges by Philip Morris as case studies, this paper draws out lessons and issues for the future development of consumption-control measures.

scholarly journals The Plain Packaging of Tobacco Products

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
New Zealand ◽  
Tobacco Control ◽  
World Trade ◽  
Dispute Settlement ◽  
Research Front ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Trinity College Dublin ◽  
The World

The Plain Packaging of Tobacco ProductsThis special edition of the QUT Law Review considers the international debate over the introduction of Australia's pioneering plain packaging of tobacco products. This collection explores the various legal issues raised by tobacco control under public health law, constitutional law, intellectual property, international law, international trade, investor-state dispute settlement, human rights, and sustainable development. Australian scholars consider Australia's legal defence of plain packaging of tobacco products in an array of arenas - including the High Court of Australia, an investor-state dispute settlement tribunal, and the World Trade Organization. International experts consider the introduction of plain packaging of tobacco products in New Zealand, Ireland, the United Kingdom, Canada, and other pioneering public health countries. This collection also considers the adoption of new complementary tobacco control measures - such as tobacco divestment initiatives.ForewordThe Hon. Nicola Roxon (Victoria University)It gives me great pleasure to write a forward on this topic at a time when there is such a groundswell of international support for plain packaging of tobacco products. World No Tobacco today in 2016 had as its tag line “Get ready for plain packaging” and the world’s health ministers are doing just that.When Australia became the first country in the world to remove all colours and logos on tobacco packs in 2011 – recognising their allure to young new smokers – the tobacco industry tried every move in their book to stop us. Lobbying, donations, advertising campaigns, threats, dodgy research, front groups, overblown claims and legal action dominated our political debate for two years. When all these local manoeuvres failed, the industry switched its effort to ensuring we were the only country to take this step.Writing in November 2016, it is clear that those efforts, both local and international, have manifestly failed. Country after country – France, the UK, Ireland, Canada, Norway, New Zealand – are implementing plain packaging, passing their laws or consulting with the community before introduction and many more countries will move this way in the coming months and years.Plain packaging of tobacco products is now truly an international movement. It is an epidemic of the best sort, as countries catch on to its value, purpose and ease of implementation. We will now see its introduction spread like wildfire around the world.When we announced the introduction of plain packaging in Australia, it was a world first.The Government I was part of has received much praise for our resolve and foresight to see this through, from smooth implementation to the great early results already showing significant impact in the reduction of smoking rates across the country. ...(1) 'Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond'Dr Catherine Bond (UNSW)(2) 'Regulatory Chill: Learnings from New Zealand's Plain Packaging Tobacco Law'Professor Jane Kelsey (University of Auckland)(3) 'Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation'Dr Eoin O’Dell (Trinity College Dublin)(4) 'The Tobacco Industry's Challenge to the United Kingdom's Standardised Packaging Legislation - Global Lessons for Tobacco Control Policy?'Professor Jonathan Griffiths (Queen Mary, University of London)(5) 'Making the Case for Canada to Join the Tobacco Plain Packaging Revolution'Dr Becky Freeman (University of Sydney)(6) 'Investor-State Dispute Settlement and Tobacco Control: Implications for Non-Communicable Diseases Prevention and Consumption-Control Measures'Dr Hope Johnson (QUT)(7) 'The Global Tobacco Epidemic, The Plain Packaging of Tobacco Products, and the World Trade Organization'Professor Matthew Rimmer (QUT)(8) 'Tobacco-Free Investment: Harnessing the Power of the Finance Industry in Comprehensive Tobacco Control'Dr Bronwyn King, Clare Payne, and Emily Stone (Tobacco-Free Futures)

scholarly journals Overview on Cigarettes and Other Tobacco Products Act and its implementation: current update

2020 ◽  
Vol 8 (1) ◽  
pp. 463
Author(s):  
Dhwanit Thakore ◽  
Mahesh Chavda ◽  
Girish Parmar ◽  
Tejal Sheth
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Tobacco Use ◽  
Control Measures ◽  
Public Health Issue ◽  
Tobacco Products ◽  
Health Goal ◽  
The Status ◽  
Public Health Goal ◽  
Almost All

Tobacco use- a major public health issue in India has an enormous effect on the lower SES population. . There is an evident link between tobacco use or consumption and poverty. The widespread use of almost all forms of tobacco among the Indian population can be attributed to the social and cultural acceptance in the country. Cigarette and Other Tobacco Products Act, 2003 (COTPA) is the legislation that regulates tobacco in India. The prime objective of this review is to compile the literature with information about the laws regulating tobacco use and the status of implementation of tobacco control provisions covered under COTPA. Since effective tobacco control measures involve multi-stakeholders i.e public health, law, trade and commerce, industry, consumer, human rights and child development, coordinated efforts are required to successful enforcement. The outcome of the current literature is bridging the gaps to make the tobacco control a very important public health goal and thereby protect the population from the consequent morbidity and mortality due to tobacco use.

TRIPs and trademarks: the case of tobacco

2004 ◽  
Vol 3 (1) ◽  
pp. 53-82 ◽  
Author(s):  
BENN McGRADY
Keyword(s):  
Tobacco Control ◽  
Trips Agreement ◽  
Control Measures ◽  
Minimum Standard ◽  
Most Favored Nation ◽  
National Treatment ◽  
Tobacco Products ◽  
Plain Packaging

Proposed tobacco control measures such as mandating plain packaging of products and prohibiting the use of terms such as ‘light’ and ‘mild’ when associated with tobacco products raise the issue of to what degree WTO Members have regulatory freedom in relation to trademarks under the TRIPs Agreement. This paper uses these measures as a case study to examine rules relating to registration and use of trademarks. More particularly, the scope of Article 20 is addressed, as is the issue of whether TRIPs creates a positive right to use a trademark. This paper argues that no right of use is provided for by TRIPs and that Article 20, whilst not prohibiting the measures in question, is not based upon sound principle and is difficult to interpret. Finally, this paper argues that rules relating to use of trademarks require re-negotiation and that a minimum standard of protection for use of trademarks is not justified except where such a standard relates to principles of national treatment or most-favored-nation principles.

scholarly journals The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

2018 ◽  
Vol 17 (2) ◽  
pp. 131 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Essential Medicines ◽  
Tobacco Products ◽  
Plain Packaging ◽  
The World ◽  
Tobacco Epidemic ◽  
The Government

In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994, particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is compatible with GATT. The position of Australia has been reinforced by a number of third parties — such as New Zealand, the United Kingdom, Ireland, Norway, Canada, and others — which have also been pioneers in tobacco control and public health. Australia’s leadership in respect of tobacco control and plain packaging of tobacco products is further supported by larger considerations in respect of international public health law, human rights, and sustainable development.

scholarly journals Plain packaging of tobacco products: the logical next step for tobacco control policy in India

2018 ◽  
Vol 3 (5) ◽  
pp. e000873 ◽  
Author(s):  
Amit Yadav ◽  
Gaurang P Nazar ◽  
Tina Rawal ◽  
Monika Arora ◽  
Premila Webster ◽  
...  
Keyword(s):  
Tobacco Control ◽  
Research Team ◽  
English Language ◽  
Task Force ◽  
Control Policy ◽  
Policy Decision ◽  
Tobacco Control Policy ◽  
Health Warnings ◽  
Tobacco Products ◽  
Plain Packaging

India implemented larger 85% pictorial health warnings on all tobacco products from 1 April 2016. However, to remove the last bit of glamour and attraction from the tobacco packs, it must now embrace plain packaging. Plain packaging prevents tobacco packs from carrying the tobacco industry brand imagery as mobile billboards. Postimplementation of larger 85% pictorial health warnings on all tobacco products, this analysis was undertaken to assess the feasibility of plain packaging as the next logical tobacco control policy measure in India. As part of this analysis, the research team reviewed the available literature on legal and policy challenges to plain packaging as a tobacco control policy initiative for India. Literature from 2010 to 2016 in English language was reviewed, which reveals that, India has taken several preparatory steps implemented by other countries like Australia and the UK that have introduced plain packaging, for example, stronger smoke-free laws, ban on tobacco advertising, promotion and sponsorship, increase in taxes and a report from civil society task force on plain packaging. The trade and investment agreements signed by India are also within the international trade norms relating to public health. A Private Member’s Bill on plain packaging is also pending in the Parliament of India. Other potential challenges against such policy decision, for example, freedom of trade, right to property, violation of competition law and other laws including consumer protection laws, were found unsubstantiated by the research team. Plain packaging is the next logical step for tobacco control policy in India.

Beyond the European Union Tobacco Products Directive: smokers’ and recent quitters’ support for further tobacco control measures (2016–2018)

2021 ◽  
pp. tobaccocontrol-2020-056177
Author(s):  
Sarah O Nogueira ◽  
Pete Driezen ◽  
Marcela Fu ◽  
Sara C Hitchman ◽  
Olena Tigova ◽  
...  
Keyword(s):  
European Union ◽  
Tobacco Control ◽  
Control Policy ◽  
Control Measures ◽  
The European Union ◽  
Tobacco Products ◽  
Quit Smoking ◽  
The Government ◽  
Levels Of Support ◽  
Considerable Support

BackgroundSeveral measures recommended by the WHO Framework Convention on Tobacco Control have not been implemented in the European Union, despite changes in the legislation such as the Tobacco Products Directive (TPD). This study aims to understand smokers’ and recent quitters’ levels of support for tobacco control measures that go beyond the TPD during and after its implementation.MethodsData from wave 1 (2016, n=6011) and wave 2 (2018, n=6027) of the EUREST-PLUS International Tobacco Control Policy Evaluation Project Six European Countries Survey, a cohort of adult smokers in Germany, Greece, Hungary, Poland, Romania, Spain were used to estimate the level of support for seven different tobacco control measures, overall and by country.ResultsIn 2018, the highest support was for implementing measures to further regulate tobacco products (50.5%) and for holding tobacco companies accountable for the harm caused by smoking (48.8%). Additionally, in 2018, 40% of smokers and recent quitters supported a total ban on cigarettes and other tobacco products within ten years, if assistance to quit smoking is provided. Overall, support for tobacco control measures among smokers and recent quitters after the implementation of the TPD remained stable over time.ConclusionThere is considerable support among smokers and recent quitters for tobacco control measures that go beyond the current measures implemented. A significant percentage of smokers would support a ban on tobacco products in the future if the government provided assistance to quit smoking. This highlights the importance of implementing measures to increase smoking cessation in conjunction with other policies.

scholarly journals The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Essential Medicines ◽  
Tobacco Products ◽  
Plain Packaging ◽  
The World ◽  
Tobacco Epidemic ◽  
The Government

In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the Government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994 – particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is compatible with GATT. The position of Australia has been reinforced by a number of third parties – such as New Zealand, the United Kingdom, Ireland, Norway, Canada, and others - which have also been pioneers in tobacco control and public health. Australia’s leadership in respect of tobacco control and plain packaging of tobacco products is further supported by larger considerations in respect of international public health law, human rights, and sustainable development.

scholarly journals Protocol to eliminate illicit trade in tobacco products: the dawn of a new era

10.21149/8208 ◽  
2017 ◽  
Vol 59 ◽  
pp. 8
Author(s):  
Vera Luiza Da Costa e Silva
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
The European Union ◽  
Tobacco Products ◽  
New Era ◽  
Global Epidemic ◽  
Illicit Trade ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Northern And Southern Hemispheres

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the United Nations tobacco control treaty, fostering public health in previously neglected areas. 179 countries as well as the European Union are WHO FCTC Parties, and it comprises both the Northern and Southern hemispheres. Intergovernmental and non-governmental organizations are active observers. It is a powerful alliance for a serious problem – the huge global epidemic caused by tobacco...

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