The Dominican Republic requests WTO panel concerning plain packaging for tobacco products

[CaptainQuintero]

Geneva, 13 November 2012 - On 9 November 2012, the Dominican Republic requested the establishment of a panel under the dispute settlement procedures of the World Trade Organization ("WTO") challenging Australia's plain packaging measures for tobacco products. The Dominican Republic has asked that this request be included on the agenda of the WTO Dispute Settlement Body meeting on 17 December 2012.

From 1 December 2012, Australia will mandate that all tobacco products be sold in plain packaging. Packaging will be a standardized drab brown colour, with the brand and variant name in a standardized font and place, banning all logos or other design features. This move will prevent tobacco products from using their well-known trademarks and geographical indications.

These unprecedented measures will undermine the Dominican Republic's tobacco industry, in particular its premium cigar sector. By prescribing standardized plain packaging, the tobacco market will be driven towards commoditization, with declining prices, and increasing - rather than falling - consumption and illicit trade.

The Dominican Republic supports Australia's health objectives. However, plain packaging will undermine those health objectives, failing to curb consumption, while destroying the market for Dominican producers. Australia's plain packaging measures do not, therefore, withstand scrutiny under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Agreement on Technical Barriers to Trade (TBT).

HE Luis Manuel Piantini, Ambassador of the Dominican Republic to the WTO, explains: "Tobacco has been an intrinsic part of the Dominican culture and heritage for centuries, and the tobacco sector is vital for our development. Our producers have made enormous investments - including in intellectual property - to turn the Dominican Republic from a simple tobacco leaf exporter into one of the world's leading producers of premium cigars and the world's largest exporter of cigars. This a significant achievement for a small developing economy. Plain packaging will wipe away these achievements - our premium cigars will be dressed as discount products, which people will continue to smoke; prices will ultimately fall, affecting the livelihood of more than a hundred thousand Dominican workers and their families. The TRIPS and TBT agreements protect our commercial and development achievements."

http://www.reuters.c...012 HUG20121113

--------------------------------------------------

It begs the question, why isn't Cuba, Nicaragua, Honduras etc all bunching together and pursuing this? if there is one the the nanny-state politicians can't cope with it's human rights of other country's citizens, if there is even a hint of their legislation hurting the poor from less wealthy nations then will back down like a scalded puppy!

[Wil]

Thanks for sharing. It is odd that other nations haven't taken similar action. Australia is no doubt a relatively small share of their market, but it's likely that other countries will follow suit with similar legislation (the UK has taken a particular interest). Thought they would want to get on the front foot.

[El Presidente]

It begs the question, why isn't Cuba, Nicaragua, Honduras etc all bunching together and pursuing this? if there is one the the nanny-state politicians can't cope with it's human rights of other country's citizens, if there is even a hint of their legislation hurting the poor from less wealthy nations then will back down like a scalded puppy!

Cuba was approached at all levels and begged to take action in the WTO. Sadly, The are simply too incompetent.

Most legal opinion is that it would be a brave move by the WTO to take action on the health policy of a nation particularly given it is strongly supported by the WHO.

[CaptainQuintero]

That's a shame, I guess it is proof of 'United we stand, divided we fall' too.

It will be interesting to see how the WTO/WHO relationship is affected when the war on alcohol starts beating the same drum that the anti-tobacco lobby has been using.

...well this turned out to be my weekly depressing read didn't it! It all started so well!

[OZCUBAN]

It is indeed sad

But we here are well ahead of the curve and apart from anything else it has made the Cigar smoking community a hell of a lot stronger ,the Havanathon was testament to that .

But as far as plain packaging goes,coming to a neighborhood near you soon.......

[Orion21]

I'm telling you, buy your cigars while you can still enjoy the boxes they come in. Soon it will just be a cardboard box filled with shrink wrapped rolled up tobacco leaves. Just because the USA has some sane judges who defeated the graphic depictions of cancer patients on cigarette packaging doesn't mean the rest of the world will see the tobacco industry go the way of the DoDo...

This coming year I am buying a very large wine fridge and converting it to my third humidor. I plan on buying and filling it with enough great cigars to last me a very very very long time. Call me the "Doomsday Prepper" of the cigar world

http://channel.natio...msday-preppers/