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Philip Morris Philippines Manufacturing Inc. v. Department of Health

This is a new resolution denying the government's motion for reconsideration, so the August 26, 2011 decision stands.  The Court of Appeals ruled there were no new arguments raised in the motion for reconsideration to warrant a reversal of its prior ruling.  This resolution repeats the appellate court's opinion that domestic law distinguishes promotions from advertising and sponsorship.  The resolution reiterates its holding that the FCTC is not self-executing and cannot provide a legal basis for a full ban on promotional, advertising and sponsorship activities absent domestic law implementing the treaty.