Legal

National

Appeals court hears case of graphic tobacco ads
The U.S. Food and Drug Administration (FDA) has asked an appeals court to reverse a lower court’s ruling, which states that graphic warning labels the agency will require on cigarette packages are unconstitutional and would violate tobacco companies’ right to free speech. The FDA’s lawyer believes that the graphic labels are necessary to show the real risks of smoking, but cigarette companies’ lawyers counter that the ads force tobacco companies to engage in anti-smoking advocacy. The judges will rule on the case later, but it is likely that further appeals will be filed, and the case may eventually reach the U.S. Supreme Court. Read more here.

WTO dents U.S. ban on clove cigarettes
The World Trade Organization (WTO) Appellate Body has concluded that the U.S. ban of flavored cigarettes is unfair to Indonesia, the top producer of clove-flavored cigarettes, as menthol-flavored cigarettes can still be sold in the U.S. The U.S. Trade Representative’s Office is examining its options for complying with the ruling. If the ban on clove cigarettes is not lifted, Indonesia could impose duties on U.S. exports equal to the amount of money Indonesia has lost, which could equal up to $16 million per year. The U.S. could also offer Indonesia other trade concessions. Public health advocates are upset by the WTO ruling, stating that banning flavored cigarettes protects youth and that the WTO ruling could have serious negative public health implications. Click here to read more and click here for a statement from the Campaign for Tobacco-Free Kids. Related: Former U.S. government officials urge trade representative to comply with WTO Appellate Body decision and encourage FDA to ban menthol flavoring in cigarettes Government officials are asking the U.S. Trade Representative to ban menthol cigarette flavoring in order to comply with the WTO’s findings that menthol cigarettes sold in the U.S. break international treaty obligations. Stopping the sale of menthol cigarettes would give both menthol and Indonesian clove cigarettes equal treatment, addressing concerns about the U.S. law’s unfairness toward Indonesian products. Click here to read more.

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International

Philip Morris executive in Pakistan fined for violating advertising rules (Pakistan)
The head of marketing for Philip Morris Pakistan has been found guilty of violating the country’s law that restricts cigarette advertising. The company ran full-page, color advertising for Marlboro cigarettes in one of Pakistan’s leading magazines, but the executive claimed he did not realize that the ads placed in the magazines were subject to the regulation. The national coordinator of Pakistan’s Coalition for Tobacco Control has called this ruling a landmark decision in tobacco control history, as up until now the industry has been blatantly violating laws. Click here to read more, or click here to read additional commentary in a blog post from the Campaign for Tobacco-Free Kids.

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