Tobacco Packaging As a Contribution for Promotion of a Healthy Environment in Brazil

Abstract

The chapter aims to demonstrate that plain packaging of tobacco products does not violate commercial freedom of expression. It argues, rather, that plain packaging is entirely consistent with the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) itself and the guidelines that consist in rules in international administrative law about packaging and labelling of tobacco products. These guidelines are intended to assist Parties in meeting their obligations under Article 11 of the Convention, and to propose measures that Parties can use to increase the effectiveness of their packaging and labelling. Article 11 stipulates that each Party shall adopt and implement effective packaging and labelling measures within a period of 3 years after entry into force of the Convention for that Party. The chapter discusses how the implementation of tobacco plain packaging could help countries improve the general health of their populations. It argues that to do so, the FCTC Parties should adopt measures to restrict or prohibit the use of logos, colours, brand images and other promotional information on packaging other than brand names and product names displayed in a standard colour and font style (i.e., plain packaging). The chapter highlights how the FCTC comports with World Trade Organization regulations, as has been found in recent Australian tobacco packaging disputes, in the context of tobacco control and human rights. The chapter also discusses the Parties that have already adopted FCTC measures and how they are entirely compatible with Brazilian domestic law.