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The TBT Agreement and Tobacco Control Regulations

19 Pages Posted: 9 Jul 2012  

Lukasz Gruszczynski

Polish Academy of Sciences - Institute of Legal Studies ; Trade Pacts

Multiple version iconThere are 2 versions of this paper

Date Written: July 9, 2012


The panel and the Appellate Body have recently examined one of the national tobacco control measures (US – Measures Affecting the Productions and Sale of Clove Cigarettes). The dispute, which emerged between the United States and Indonesia, concerned the US ban on the use of certain flavouring additives in cigarettes. The reports are particularly important because they clarify the limits existing under the TBT Agreement in this policy space. This paper critically analyses findings of the WTO dispute settlement bodies and assesses their broader implications for national tobacco control regulations. In particular, it examines the extent to which the rules of the TBT Agreement, as interpreted in the Clove dispute, constrain national governments and to what extent they affect various national initiatives that are currently discussed in the TBT Committee (e.g. Brazilian measure on the use of additives in cigarettes).

Keywords: WTO, Clove Cigarettes, tobacco control measure, tobacco and international trade, plain-packaging

JEL Classification: F02, F10, F20, F30, F40

Suggested Citation

Gruszczynski, Lukasz, The TBT Agreement and Tobacco Control Regulations (July 9, 2012). Society of International Economic Law (SIEL), 3rd Biennial Global Conference. Available at SSRN: or

Lukasz Adam Gruszczynski (Contact Author)

Polish Academy of Sciences - Institute of Legal Studies ( email )

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Trade Pacts ( email )

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