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WTO Panel Upholds Australia Plain Packaging Policy for Tobacco Products

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A WTO dispute panel said last week that Australia’s plain packaging policy for tobacco products is in line with global trade rules, following years of litigation between Canberra and four countries over the measure’s legality. The case was filed by Cuba, the Dominican Republic, Honduras, and Indonesia. The dispute ruling itself, issued on Thursday 28 June, numbers nearly 900 pages, and involves one of the most high-profile WTO cases seen in recent years. It has also highlighted the relationship between public health, trade, and intellectual property rights, drawing interest and scrutiny from a wide range of stakeholder groups. Years of litigation Australia enacted its plain packaging legislation in 2011, which took effect the following year in order to give companies time to adjust their production practices. The policy was crafted following a legislative process dating back to 2008, and involves setting strict requirements on how tobacco products can be packaged for sale. For example, tobacco goods cannot use logos, brand imagery, or promotional text, and their packaging, including the appearance of brand name, company name, variant name, or other legally allowed marks must be made in a uniform size, colour, and format. The four complainants mentioned above, along with Ukraine,...

Tags: WTO Dispute Settlement, Australia, Health, WTO Dispute Settlement

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