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