Philip Morris International claims against Uruguay
without merit.
Legal analysis concludes Uruguay’s new tobacco
regulations are consistent with international lawOttawa,
Canada and Montevideo, Uruguay
August 12, 2010
A legal analysis of the challenge launched by Philip
Morris International (PMI) found the company to be both
unjustified and unreasonable in its opposition to
Uruguay’s new tobacco packaging laws.
“In my opinion” said the report’s author, Todd Weiler,”
the claim is nothing more than the cynical attempt by a
wealthy multinational corporation to make an example of
a small country with limited resources to defend against
a well-funded international legal action, but with a
well-deserved reputation as a worldwide leader in
tobacco control.”
In March 2010, three subsidiaries of USA-based Philip
Morris International (PMI) launched a damages claim
against the Government of Uruguay under the Switzerland
– Uruguay Agreement on the Promotion and Protection of
Foreign Investments. The companies claimed that their
rights under this agreement were impaired by Uruguay’s
requirements for health warnings that covered 80% of the
cigarette package and by regulations to end the industry
practice of colour-coding cigarette packages.
“Uruguay has taken a state-of-the art approach to
implementing the World Health Organization’s global
tobacco treaty, the Framework Convention on Tobacco
Control (the FCTC),” said Neil Collishaw of Physicians
for a Smoke-Free Canada, which commissioned Mr. Weiler’s
opinion. “Uruguay’s new regulations raise the bar for
measures to reduce smoking, but are entirely consistent
with the World Health Organization treaty’s obligations
for health warnings and controls on deceptive
packaging.” Mr. Collishaw suggested that Philip Morris’
intention is to force Uruguay to abandon its regulation
and thus discourage other countries from adopting
similarly strong packaging laws.
The investment treaty between Uruguay and Switzerland is
similar to over 2,000 other treaties currently in force
worldwide. “Any country that has a bilateral
investment treaty with either Switzerland or the USA
could face a similar challenge from Philip Morris.
The tobacco control measures of dozens of developing
countries could be put at risk,” said Mr. Weiler.
Neil Collishaw emphasized the worldwide support for
Uruguay’s defence against Philip Morris’ bullying.
“Philip Morris may think they can pick on a country half
its size, but we expect the global health community will
line up to support Uruguay’s efforts.”
Dr. Eduardo Bianco is a cardiologist in Montevideo and
president of Uruguay’s leading tobacco control
organization, CIET. “What is happening today in
Uruguay could happen to any country that implements very
effective tobacco control measures,” he said. “As
a Uruguayan and a health promoter, I welcome assistance
for our work.”
Todd Weiler’s opinion, “Philip Morris vs. Uruguay: An
Analysis of Tobacco Control Measures in the Context of
International Investment Law” was made public today.
Information on tobacco in Uruguay can be found at
www.cieturuguay.org
Download:
English:
Spanish:
For information:
Todd Weiler
613 686 3636
Neil Collishaw
Research Director
Physicians for a Smoke-Free Canada
1226A Wellington Street
Ottawa, Ontario
613 233 4878
Eduardo Bianco, MD
Uruguayan Center for Research on the Tobacco Epidemic
Montevideo, Uruguay
598 94 416559
|