UCLA Pacific Basin Law Journal

This Paper discusses the landmark decision by the WTO Dispute Resolution Panel that the Australian Tobacco Plain Packaging Act 2011 (“TPPA”) is consistent with its obligations under the TBT Agreement, the TRIPS Agreement, and the GATT, all of which are WTO Agreements.

It argues that Indonesia’s claim that the TPPA is discriminatory and contrary to its obligation of national treatment is unfounded. The Paper presents evidence of the health risks involved with tobacco use, and discusses why the TPPA falls under an exception to its obligations to the cited WTO Agreements.

Further, this Paper contends that the decision could lead to strict plain packaging regulations for other products in the future. However, tobacco has unique and significant health risks, and by comparing it to several products, the Paper explains why it is unlikely that these products will be subject to similar stringent packaging regulations in the future.