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Big Tobacco and the Trans-Pacific Partnership
(2012) 21 (6) Tobacco Control 526-7. (2012)
  • Matthew Rimmer, Australian National University College of Law
Abstract
The Trans-Pacific Partnership (TPP) is a plurilateral free trade agreement, spanning the Pacificrim. There has been concern that tobacco companies have been seeking to use this trade agreement to undermine tobacco control measures, such as graphic health warnings, plain packaging, and the implementation of the World Health Organisation Framework Convention on Tobacco Control (FCTC).
The treaty negotiations have included members of the Pacificrim including Australia, New Zealand, Brunei Darussalam, Malaysia, Singapore, Vietnam, Peru, Chile, Canada, Mexico, and the USA. Lori Wallach of Public Citizen has described the proposed agreement as ‘NAFTA on Steroids’, saying: “Think of the TPP as a stealthy delivery mechanism for policies that could not survive public scrutiny”.
British American Tobacco has previously lobbied the USA trade representative on intellectual property and trade. In the course of the Anti-Counterfeiting Trade Agreement discussions, British American Tobacco argued: ‘We would strongly advocate tobacco and tobacco products being prioritised in the course of the negotiations when specific areas of concern are being addressed’.
There has been much concern about the lack of transparency, due process, and public participation in the TPP. A number of those with inside access to the TPP have an interest in tobacco and tobacco control—including Roger Quarles of the Burley Tobacco Growers Cooperative Association Inc; Clyde N. Wayne Jr of Tobacco Associates Inc; and Monique Muggli of the Campaign for Tobacco-Free Kids. Although trade officials and members of trade committees have had access to the texts, the texts have not been made available to politicians, civil society, or the wider public.
There has also been concern that big tobacco is trying to use the TPP as a trojan horse to attack tobacco control measures. In a revealing submission to the USA trade representative, Philip Morris expressed concern about “government-sponsored initiatives that would effectively cancel or expropriate valuable trademark rights”. The company supported “the inclusion of a comprehensive ‘TRIPs-plus’ intellectual property chapter that includes a high standard of protection for trademarks and patents”.
In particular, Philip Morris objected to Australia's regime of plain packaging of tobacco products: “The consequences of the introduction of plain packaging in Australia are far-reaching and should be examined in the broader context of US–Australia trade relations and in the upcoming TPP negotiations”. The company also made objections to the Smoking (Control of Advertisements and Sale of Tobacco) Act 2010 (Singapore).
Keywords
  • Trade,
  • Tobacco Control,
  • Trans-Pacific Partnership,
  • Investment,
  • Intellectual Property,
  • Technical Barriers to Trade.
Publication Date
November 1, 2012
Citation Information
Matthew Rimmer, 'Big Tobacco and the Trans-Pacific Partnership', (2012) 21 (6) Tobacco Control 526-7, http://tobaccocontrol.bmj.com/content/21/6/524.full?sid=3b0c6aa1-f2d4-4626-ad27-d7f562a7d158