Commenting on the ruling, PMI spokesperson
“This ruling holds
“The measures unjustifiably restrict legitimate businesses from selling their products and using their trademarks while increasing incentives for black market cigarettes, which already amount to a quarter of all tobacco products consumed in the country.
“We look forward to a full and independent assessment of these arbitrary and unnecessary regulations.”
At issue in this case are two regulations that
1. ‘Single Presentation’ Ordinance: This regulation
restricts competition to the detriment of foreign investors because it
prohibits sales of more than one variation of cigarettes under a single
brand name. For example,
2. 80% Health Warning Requirement: Until 2009,
health warning labels covered 50% of cigarette packaging in
The Tribunal will, in consultation with the parties, establish a briefing schedule to address the merits of the dispute, followed by a hearing. The hearing is likely to take place towards the end of 2014 or in early 2015. It is expected a decision will be reached in 2 to 3 years.
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