The International Trade Law Implications of Regulating E-Cigarettes: Lessons from Tobacco Litigation
Abstract:
This Article considers the lessons for e-cigarette regulation that can be learned from international trade disputes about tobacco regulation. Even if a state is ultimately successful in defending their measure, trade disputes can be expensive and time consuming to defend. In the context of other WTO Dispute Settlement Body decisions, the decisions in the tobacco-related WTO dispute provide useful insights for policymakers working on e-cigarettes and related areas. These insights will help to ensure that states responding to the WHO’s call to action by adopting or reforming e-cigarette regulations can minimize the risk of their measures being successfully challenged under international trade rules.
Recommended Citation: Genevieve Wilkinson and Elizabeth Sheargold, The International Trade Law Implications of Regulating E-Cigarettes: Lessons from Tobacco Litigation, 48 Fordham Int'l L.J. 191 (2024).