The WTO’s Appellate Body has dismissed the appeals by Honduras and the Dominican Republic against Australia’s tobacco plain packaging laws (TPP measures).
In summary, the Appellate Body upheld the Dispute Panel’s findings that:
- the TPP measures were not more restrictive than necessary to fulfil a legitimate objective within the meaning of art. 2.2 of the TBT Agreement
- the TPP measures were not inconsistent with art. 16.1 of the TRIPS Agreement; and
- the TPP measures were not inconsistent with art. 20 of the TRIPS Agreement.
(Strictly speaking, the Appellate Body found that Honduras and Dominican Republic did not demonstrate the TPP measures were inconsistent with the relevant obligations.)
Just the findings and conclusions (in pdf format)