The right of governments to enact public health laws - the Brazilian tobacco additives ban case

摘要

Background and challenges to implementation: Tobacco industry (TI) interference is one of the key challenges to the creation and implementation of tobacco-reduction regulation. It continues to undermine control efforts globally. One example is the Brazilian proposal to ban additives in 2012. Recent files show how a Dutch tobacco industry were planning to bring the case to World Trade Organization (WTO) and block the Mercosur - European Union Free Trade Agreement negations. Intervention or response: Bring awareness of how articulated the TI is, ahead of many Governments. Use the Brazilian case to show how a Cigar Company based in Netherland was planning to convince/lobby other European Governments to prosecute Brazil internationally. Explore the TI library, held by the University of California in San Francisco. Display the WTO fulfilled forms they pretend to use, the exchange of documents between tobacco industry CEOs and how they were planning undermine FTA negations. Results and lessons learnt: The Netherlands are the biggest exporter of tobacco to Brazil, in particular of cigars. Together, Belgium and Netherlands imports 22% of all Brazilian tobacco. There is evidence of the close relation between tobacco industry and former Dutch Interior Minister. The TI did not followed with the process because meanwhile, the Brazilian resolution was pledged in Supreme Court, where it remains. The focus swift to Australia and they used all previous legal basis, prepared to suit Brazil, in the Australian case. Conclusions and key recommendations: In response to these claims from the TI, Governments may rely on their sovereign right to regulate in the interests of public health. Specifically in relation to tobacco control measures, which aim is to protect human health.