Trade Law Daily is a Warren News publication.

Malaysia Proposes to Protect Tobacco Control Measures from Being Challenged by Industry Under TPP

Malaysia formally introduced a proposal providing for a “complete “carve-out” of tobacco control measures” from the Trans-Pacific Partnership (TPP) trade agreement during the 19th round of negotiations in Brunei on Aug. 26. The proposal would prevent the tobacco industry and its government allies from challenging any measures to reduce tobacco use that are adopted by participating nations.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The Campaign for Tobacco-Free Kids (CFTFK), who expressed strong support for Malaysia’s proposal, called the proposal “appropriate and necessary” to prevent the tobacco industry from challenging tobacco control measures as violations under the TPP. In a statement, CFTFK said that the tobacco industry has increasingly used trade agreements like TPP to challenge tobacco control measures, “specifically against laws adopted in the U.S., Australia, Uruguay, Ireland, Norway and Turkey.”

CFTFK Executive Director Susan Liss said the proposal was “based on the recognition that tobacco products are uniquely harmful” and urged the U.S. to work with Malaysia and other countries to support such protective proposals “rather than press for its own language," as seen in the Aug. 26 proposal from the U.S. Trade Representative (See Ref:[13082229]). This proposal simply states that tobacco control measures are covered under the General Agreement on Tariffs and Trade but would not prevent tobacco-related trade challenges from moving forward, Liss said.