Abstract
Building on Tangcharoensathien and colleagues’ description of four tactics used by the tobacco, alcohol, processed food, and breast milk substitute industries to interfere with the development and implementation of health policies, we present a fifth tactic: trade and investment disputes. We describe recent examples of trade and investment claims filed by the tobacco industry to challenge plain packaging legislation, which may serve as a model for future claims by this and other industries. Next, we clarify specific areas of potential conflict between non-communicable disease (NCD) control policies and trade and investment agreement (TIA) commitments, identifying possible vulnerabilities that may be exploited by industry to challenge the legality of these policies. We conclude with ideas to strengthen the position of health policies vis-à-vis commitments in TIAs.
Highlights
As described by Tangcharoensathien and colleagues in their editorial “Addressing non-communicable disease (NCD): Challenges from Industry Market Promotion and Interferences,” tactics deployed by the tobacco industry to interfere with the development and implementation of legitimate health policies are increasingly utilized by the alcohol, processed food, and breast milk substitute industries.[1]
If these industries continue to follow the trajectory of the tobacco industry, they can be expected to utilize trade and investment disputes as an additional avenue of potential attack, by exploiting commitments in trade and investment agreements (TIAs) in attempts to undermine health policies
With almost 300 trade agreements[7] and over 2000 investment agreements in force,[8] and because cases decided under one agreement are not binding on subsequent cases, the potential for harassment is huge
Summary
As described by Tangcharoensathien and colleagues in their editorial “Addressing NCDs: Challenges from Industry Market Promotion and Interferences,” tactics deployed by the tobacco industry to interfere with the development and implementation of legitimate health policies are increasingly utilized by the alcohol, processed food, and breast milk substitute industries.[1].
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
