Smoke 'Em If You Got 'Em: Discussing the WTO Dispute Settlement Panel's Decision to Uphold Plain Packaging in Australia and Its Impact on the Future

Abstract

This Article discusses the landmark decision by the WTO Dispute Resolution Panel that the Australian Tobacco Plain Packaging Act 2011 (“TPPA”) is consistent with its obligations to the TBT Agreement, the TRIPS Agreement, and the GATT. It argues that Indonesia’s claim that the TPPA is discriminatory and contrary to its obligation of national treatment is unfounded. Further, it contends that the decision could lead to more products being subjected to plain packaging regulations in the future. Tobacco is, however, unique because of the great health risk involved, and plain packaging of other products to this extent is unlikely. The Article presents evidence of the health risks involved with tobacco use, and discusses why the TPPA falls under an exception to its obligations to the WTO Agreements cited. To conclude, the Article investigates several different products and explains why it is unlikely that the products will be subjected to stringent packaging regulations in the future.