The U.S. Family Smoking Prevention and Tobacco Control Act (FSPTCA) of 2009 aims to combat teen smoking by forbidding tobacco companies from selling certain "trainer" cigarettes. Writes Eyes on Trade,
The FSPTCA banned candy and clove cigarettes regardless of where they were produced or who produced them. But Indonesia successfully argued that, since its exporters are the primary providers of clove cigarettes to the U.S. market, the FSPTCA constituted de facto discrimination, in violation of WTO rules under the Agreement on Technical Barriers to Trade (TBT). The WTO panel accepted this argument, despite the fact that the FSPTCA was totally non-discriminatory and many U.S. cigarette makers (such as those that make cola-flavored cigarettes) were also blocked from making these harmful products.
This severe blow to consumer protection comes on the heels of two other WTO rulings against America's dolphin-safe tuna and beef country-of-origin labels...
In sum, this latest WTO ruling shows yet again that current trade agreements systematically put the corporate interest before that of consumers. Democracy, public health, science and logic better get out of the way. These anti-consumer provisions should be amended at the first possible opportunity, and stripped from the pending trade deals.On the bright side, the WTO says the U.S. can impose high tariffs on Chinese tires. ICYMI,
In a major victory for the Obama administration and unions, the United States has won final approval from the World Trade Organization to continue slapping high tariffs on Chinese tire imports...
Obama had imposed the penalties for three years in response to a petition filed by the United Steelworkers union and findings by the U.S. International Trade Commission.
