This decision puts an end to the disputes which began in 2012 and saw Cuba, the Dominican Republic, Honduras, Indonesia and Ukraine (Ukraine later decided to withdraw its complaint in June 2015) bring legal complaints regarding Australia’s plain packaging law.
"This decision represents a landmark victory for global health and a major setback for the tobacco industry. Plain packaging is consistent with international trade law as part of a comprehensive approach to tobacco control that protects people from the harms caused by tobacco" , says Dr Adriana Blanco Marquizo, Head of the Convention Secretariat.
The World Health Organization (WHO) and the WHO Framework Convention on Tobacco Control (WHO FCTC) Secretariat provided the WTO panel with a joint submission or amicus brief, that gave an overview of global tobacco control, summarized the public health evidence underlying tobacco plain packaging and the relevant provisions of the WHO FCTC and its Guidelines.
More background on the history of this dispute
On 28 June 2018, the panel report was circulated. The panel decided that Australia’s policy on plain packaging was consistent with WTO law.
As a result, Honduras appealed to the Appellate Body the panel’s report. This appeal was consolidated with the one from the Dominican Republic, into one that has now ended with the Appellate Body decision published. Cuba and Indonesia accepted the Panel’s decision, opting not to appeal.
By dismissing appeals from the Dominican Republic and Honduras, the WTO Appellate Body Report finally ends the legal challenges to Australia’s tobacco plain packaging law at the WTO. Australia’s law withstood a domestic legal challenge, an investment treaty claim and the WTO challenges. Although some other countries implementing plain packaging have faced legal challenges from the tobacco industry, there are no other legal disputes on plain packaging at the WTO.
At the WTO, Australia’s plain packaging law was challenged primarily on grounds that it was more restrictive of trade than necessary to protect human health, and that it unjustifiably interfered with use of tobacco company trademarks on packaging. These and other claims were rejected by a WTO Panel and appeals from the Dominican Republic and Honduras have now been rejected. This outcome is in line with litigation in other countries, which has uniformly rejected tobacco industry challenges to plain packaging.
The Appellate Body confirmed:
the panel’s findings that plain packaging is “apt to, and does, contribute” to Australia’s objective of improving public health by reducing tobacco consumption and exposure to tobacco smoke;
the panel’s finding that plain packaging is no more trade-restrictive than necessary for achieving that public health objective; and
that plain packaging does not “unjustifiably encumber by special requirements” the use of trademarks in the course of trade, therefore that the trademark restrictions arising from plain packaging are justified by their contribution to public health objectives.
The Appellate Body ruling finally clears the legal hurdle thrown up in the tobacco industry’s efforts to block tobacco control and is likely to accelerate implementation of plain packaging around the globe.
The Convention Secretariat recognizes the importance of this decision to allow the 182 Parties to the WHO FCTC to implement as agreed, through Article 11 of the Convention, effective packaging and labelling measures and, through Article 13, to undertake a comprehensive ban (or restrictions) on tobacco advertising, promotion and sponsorship, without breaching WTO law.
You are receiving this NO-REPLY email because you are included on a WHO mail list. If you have been forwarded this update you can click here to subscribe. Journalists may send feedback toWHO Media Team
World Health Organization, Avenue Appia 20, 1202 Geneva 27, Switzerland
Di satu Januari, lupakanlah sengketa
Separuh nafas jiwaku... sirna
Di pagi Januari, yang kita harungi bersama
Bahagia selalu dimiliki, bertahun menjalani
Naluri berkata di setiap langkah-langkahmu
Dua langit tlah membaur di suatu cakrawala
Biarlah layar terkembang, menderu ombakmu menabuh pantai
Kuingin menyeberang, melintas pulau dan lautan
Sebelas Januari bertemu karena kita ini manusia
Kau basuh diriku dengan sejuta warna
Membiru lautmu memeluk pasir
Menanti setiap detik, ku hitung waktunya
Tak dapat ku kawal perasaan ini
Maafkan salahku saat-saat itu padamu
Biar diriku saja menjawab semua cinta
Biarkan kujawab semua dusta
Menguning bulanmu mengetuk malam
Mesra jemarimu belai sukmaku
Membias bintangmu menghias hidup
Belahan jiwa yang tertinggal
Kala tatap matamu sapa jiwaku
Januari lekas berganti
Kian hangat dalam ingatan
Sampai disini kisah kita
Kian hangat dalam ingatan
Hari ini tak harus ku sendiri yang menanti saat ini
Separuh nafas jiwaku... berakhir d…
Fast, automated image compression trusted by 1.3M WordPress usersView this email in your browserProfessional image compression made easy There's a reason Smush is trusted by over 1.3M WordPress users. Smush will optimize every image on your website for super-fast page speeds.
Backup all of your (or your clients') original images, automatically resize and scale images based on your visitor's device - all with the click of a button. Professional image compression made easy.
Just need a single Smush? Easy – use our free 7-day trial to get your job done. There are no lock-in contracts so you can cancel at any time and your images will stay compressed.