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ARTICLE · 16 JULY 2018

WTO determines tobacco plain packaging challenge

Australia's decision to control packaging of tobacco products has survived a challenge to the World Trade Organisation.

New ZealandInternational Law

Australia's decision to control how tobacco products are packaged has survived challenge before the World Trade Organisation (WTO) against a complaint brought by Cuba, Indonesia, Honduras and the Dominican Republic.

The Australian Tobacco Plain Packaging Act 2011 bans the use of logos and colour and requires graphic health warnings, covering 75% of the front and 90% of the back of tobacco packets.

Similar legislation has since been passed by New Zealand, Hungary, Ireland, France, Norway and the United Kingdom.

WTO Ruling

WTO disputes were brought by Ukraine, Honduras, the Dominican Republic, Cuba and Indonesia, which alleged that requirements of the Act breached Australia's obligations under the Technical Barriers to Trade (TBT) Agreement and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Cuba also argued that the

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