(http://msnbcmedia.msn.com/j/MSNBC/Components/Photo/_new/121128-australia-plain-pack-kb-150p.photoblog600.jpg)A pack of Marlboro Menthol cigarettes intended for sale in Australia. As of Dec. 1, all cigarettes sold in the country must be sold in plain packaging with graphic warnings covering 75 percent of the front and 90 percent of the back of the pack under a groundbreaking law.By Myron LevinFairWarningAs countries around the world ramp up their campaigns against smoking with tough restrictions on tobacco advertising, the industry is fighting back by invoking international trade agreements to thwart the most stringent rules.
A key battlefront is Australia, which is trying to repel a legal assault on its groundbreaking law requiring cigarettes to be sold in plain packs without distinctive brand logos or colors. Contesting the law, which takes effect Dec. 1, are the top multinational cigarette makers and three countries — Ukraine, Honduras and Dominican Republic — whose legal fees are being paid by the industry.
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The dispute underlines broader concerns about trade provisions that enable foreign companies to challenge national health, labor and environmental standards. Once a country ratifies a trade agreement, its terms supersede domestic laws. If a country’s regulations are found to impose unreasonable restrictions on trade, itmust amend the rules or compensate the nation or foreign corporation that brought the complaint.
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