Stabroek News

Australia wins landmark WTO ruling on plain tobacco packaging

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GENEVA, (Reuters) - Australia triumphed yesterday in a major trade dispute over its pioneering “plain” tobacco packaging law, with World Trade Organizati­on judges rejecting a complaint brought by Cuba, Indonesia, Honduras and Dominican Republic.

The WTO panel said Australia’s law improved public health by reducing the use of tobacco products, rebuffing claims that alternativ­e measures would be equally effective. It also rejected the argument that Australia had unjustifia­bly infringed tobacco trademarks and violated intellectu­al property rights.

Australia’s law, introduced in 2010, bans logos and distinctiv­ely-coloured cigarette packaging in favour of drab olive packets that look more like military or prison issue, with brand names printed in small standardis­ed fonts. The challenge to it was seen as a test case for public health legislatio­n globally, and could lead to tighter marketing rules for unhealthy foods and alcohol as well as tobacco.

Honduras indicated that it was likely to appeal, saying in a statement that the ruling contained legal and factual errors and appeared not to be even-handed, objective or respectful of the complainan­ts’ rights.

“It appears that this dispute will require the review of the Panel’s findings by the WTO Appellate Body before any final conclusion­s can be drawn,” it said.

An Indonesian trade official said Indonesia would examine its options. Cuban and Dominican trade officials were not immediatel­y available for comment.

Australia said it was ready to defend against an appeal.

“We will not shy away from fighting for the right to protect the health of Australian­s,” Trade Minister Steven Ciobo and Rural Health Minister Bridget McKenzie said in a statement. “Australia has achieved a resounding victory.” The World Health Organizati­on welcomed the WTO ruling, saying it cleared “another 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.”

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