In October of this past year, the Canadian Parliament passed the Cracking Lower on Tobacco Marketing Targeted at Youth Act, which contained a provision suspending the purchase of any nicotine products created using flavor chemicals that attract children. This law is applicable equally to tobacco items which are imported and locally created, however this hasn’t stopped several nations from attacking the brand new law.
Recently, 14 nations, such as the U . s . States, elevated concerns about
Canada’s new tobacco law in a WTO committee meeting. They feel the public health law might constitute a technical barrier to trade that may be challenged underneath the WTO dispute resolution systems.
The U.S. Trade Representative (USTR) raising concerns concerning the law is objectionable enough, however a 1998 law barring the USTR and a few other federal agencies from “using appropriated funds to advertise the purchase or export of tobacco or tobacco items and from seeking removing nondiscriminatory foreign limitations around the marketing of tobacco” might get USTR into some warm water whether it selects to directly challenge what the law states.
Inside a letter acquired by Inside U.S. Trade, Repetition. Lloyd Doggett, the sponsor of this 1998 law, requested USTR to alter course:
I strongly urge that USTR take no action unlike Canada about this matter, and even, good public policy on tobacco voiced generally through the Administration indicates USTR ought to be positively supporting the Canadians….Even past the troubling implications from the U . s . States opposing a powerful public health way of measuring another country, in cases like this, prior law specifically prohibits USTR from doing this.
USTR also elevated the problem in the National Trade Estimate report recently. Within the report, though, USTR mentioned that “The U . s . States strongly supports the goal of removing youth from tobacco use.” If this sounds like actually the situation, USTR should down again out of this misadventure and respect