Tobacco Control and Beyond: The Broader Implications of United States-Clove Cigarettes for Non-Communicable Diseases

25 Pages Posted: 11 May 2013 Last revised: 26 May 2013

See all articles by Benn McGrady

Benn McGrady

Georgetown University

Alexandra Jones

University of Sydney - George Institute for Global Health

Date Written: May 10, 2013

Abstract

This Article examines the implications of US - Clove Cigarettes and subsequent technical barriers to trade (TBT) disputes for tobacco control and control of non-communicable diseases (NCDs) associated with alcohol and poor diet. In US - Clove Cigarettes, the Appellate Body of the World Trade Organization (WTO) adopted an approach to non-discrimination under the TBT Agreement which requires WTO panels to assess the legitimacy of regulatory distinctions that affect the competitive opportunities of imported products negatively. This article argues that the effect of that test on domestic regulatory autonomy will depend greatly on the standards of proof to be used first in determining the legitimacy of regulatory distinctions and second in determining whether the effect of a regulation on competitive opportunities is based solely on such distinctions. In the context of NCDs, WTO panels will have to be sensitive to the limits of epidemiological evidence and to the fact that risk is based not only on the inherent features of products but also on consumer behavior.

Keywords: WTO, health, NCDs, TBT, Clove Cigarettes

JEL Classification: I18, K32, K33

Suggested Citation

McGrady, Benn and Jones, Alexandra, Tobacco Control and Beyond: The Broader Implications of United States-Clove Cigarettes for Non-Communicable Diseases (May 10, 2013). American Journal of Law and Medicine, Vol. 39, Nos. 2&3, 2013, Available at SSRN: https://ssrn.com/abstract=2263270

Benn McGrady (Contact Author)

Georgetown University ( email )

Washington, DC 20057
United States

Alexandra Jones

University of Sydney - George Institute for Global Health ( email )

Level 10, KGV Building
Missenden Rd, Camperdown
Sydney, NSW 2050
Australia

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