TOBACCO CONTROL LAWS

Honduras v. Dominican Republic

The Dominican Republic and Honduras both appealed a Panel Report that came after Honduras challenged the Dominican Republic's general measures relating to the import and sale of imported cigarettes. The Dominican Republic contended that the Panel erred in finding that its tax stamp requirement was not justified, and Honduras contended that the Panel erred in finding that the Dominican Republic's bond requirement does not accord less favorable treatment to imported cigarettes than to domestic products. The Appellate Body upheld the Panel Report's decision on both issues.

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Honduras v. Dominican Republic, WT/DS302/AB/R, World Trade Organization (WTO) Appellate Body Report (2005).

  • Dominican Republic
  • Apr 25, 2005
  • World Trade Organization Appellate Body
View Case History

Parties

Plaintiff Honduras

Defendant Dominican Republic

Third Party

  • China
  • El Salvador
  • European Communities
  • Guatemala
  • United States

Legislation Cited

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 Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.
Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.

Type of Tobacco Product

None

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