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Tobacco Carve-Out in TPP Provides Reassurance on Tobacco Control, But Threats to Health Still Remain

Note: World Lung Foundation united with The Union North America. From January 2016, the combined organization is known as “Vital Strategies.”

(October 5th, 2015, New York, USA) – World Lung Foundation (WLF) today welcomed the news that 12 nations have agreed to forbid the tobacco industry from using the Trans-Pacific Partnership trade agreement to sue those sovereign governments over the introduction of tobacco control measures that promote health. 

The ‘carve out’ on tobacco provides protection for countries already enacting strong measures – such as Australia’s adoption of plain packaging – and reassures the other governments that they can progress with the adoption of the strong tobacco control policies detailed in World Health Organization’s Framework Convention on Tobacco Control (FCTC). 

However, WLF noted that the agreement could make sugar cheaper – potentially fueling obesity – and prevent life-saving, affordable drugs being made available in a timely way to poorer countries and individuals – potentially contradicting commitments made in the 2030 Agenda for Sustainable Development.

“No sovereign government should have to worry that it will be sued by any company or industry for implementing proven strategies to promote public health,” said Mr. José Luis Castro, President and CEO of World Lung Foundation and The Union North America. 

“Big tobacco has a track record of threatening just such legal action against countries – particularly low and middle income countries – intending to legislate for graphic warnings on tobacco packaging, plain standardized packaging, and other tobacco control measures. The carve-out on tobacco in the TPP provides welcome relief that this new trade agreement can’t be used to further that agenda.

Mr. Castro continued: “Yet we cannot say this agreement is wholly positive for health. Cheaper sugar could further reduce the cost of sugary drinks and junk foods at a time when governments have introduced or are considering the introduction of taxes on these consumer products. Tax increases are specifically designed to increase prices, decrease demand and so help reduce the rising health and economic burden of obesity. 

“Preventing cost-effective access to new medicines will also impede efforts to improve global equality in healthcare. Just ten days ago, governments adopted the 2030 Agenda for Sustainable Development, agreeing to “Ensure healthy lives and promote well-being for all at all ages” – including improving access to medicines and reducing non-communicable diseases, including those related to obesity. 

“Of course, this problem goes beyond TPP – multinational corporations and industry bodies use a number of free trade agreements to delay and derail health policies. We’d like to see a situation where all governments, everywhere, are protected against such litigation when legislating to protect the health of their citizens. 

“It’s time that multinational corporations acknowledged the reality recently agreed by governments around the world; sacrificing public health concerns for the sake of industry profit is a false economy, because healthy, economically active citizens are critical to national, regional and global development and economic growth,” he concluded.