TOBACCO CONTROL LAWS

Argentina, et al. v. United States

Several countries challenged measures found in the United States' Omnibus Budget Reconciliation Act of 1993 that affected the importation, internal sale, and use of tobacco. The Panel concluded that measures requiring that a minimum specified proportion of tobacco be supplied from domestic sources and subjecting imported tobacco to an internal tax or charge in excess of that applied to like domestic tobacco were inconsistent with U.S. obligations under GATT.

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Argentina, et al. v. United States, Panel Report, United States - Measures Affecting the Importation, Internal Sale and Use of Tobacco, DS44/R, BISD 41S/131, adopted 4 October 1994.

  • United States
  • Aug 12, 1994
  • General Agreement on Tariffs and Trade (GATT) Panel

Parties

Plaintiff

  • Argentina
  • Brazil
  • Canada
  • Colombia
  • El Salvador
  • Guatemala
  • Thailand
  • Zimbabwe

Defendant United States

Third Party

  • Australia
  • European Community
  • India
  • New Zealand
  • Turkey

Legislation Cited

Omnibus Budget Reconciliation Act of 1993

International/Regional Instruments Cited

General Agreement on Tariffs and Trade 1994 (GATT)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Trade Panel/Investment Tribunal/Arbitration
Governments may bring complaints before intergovernmental bodies on tobacco-related issues. For example, one country may complain that another country’s tax regime discriminates against its exported tobacco products. In some cases, a treaty may allow a private party to file a complaint against a government before an intergovernmental body.

Tobacco Control Topics

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.

Type of Tobacco Product

None

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