Lesson Learned from Legal Dispute regarding Plain packaging

Abstract

Plain packaging and the enlargement of Graphic Health Warning (GHW) on tobacco packaging are measures supported by the World Health Organization. It appears within the Framework Convention on Tobacco Control (WHO-FCTC). This measure aimed at reducing the advertising space on tobacco packaging, which impacted the tobacco industries. They consider this measure effects on their rights and liberties, such as freedom of occupation or trademark rights. The implementation of such measures became litigation cases in several countries, including World Trade Organization (WTO). Currently, all courts have ruled the case confirming that Plain Packaging and Graphic Health Warning (GHW) are not against the law. The state can implement this measure. Consequently, these landmark cases should be studied, to understand the relationship between public health measures and the interest of private sector in order to apply the next tobacco control measure.