The direct translation of an old Chinese saying is “people regard food as their heaven” (min yi shi wei tian, or food is what matters to people). However, the average person’s heaven seems broken in the Middle Kingdom. Chinese people still feel insecure about what they eat on a daily basis because nowadays food safety incidents are more frequent than ever.
Recently, the main character on the stage is refined trench oil. It is used as industrial oil in developed countries, yet in China, it hides in restaurant dishes. News media discover that small restaurants in different provinces mix cooking oil with refined trench oil, which contains tens of carcinogens as a way to reduce costs. A professor said that the chance of encountering refined trench oil when you dine out is 10%.
Chinese government agencies started another special campaign against refined trench oil. As usual, several suspects were put into jail. However, it is hard to find refined trench oil through normal lab tests under the national standard for cooking oil, which does not include indicators referring to any illegal substance. Read More
For those interested in matters of trade and health we have posted a briefing paper on the recent World Trade Organization panel report in US – Clove Cigarettes on the O’Neill Institute homepage (www.oneillinstitute.org). See the ‘recent news’ section.
The abstract is as follows:
On September 2, 2011, the World Trade Organization (WTO) released the report of a panel tasked with considering a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The panel concluded that the US violated WTO law by prohibiting clove-flavored cigarettes, but not menthol-flavored cigarettes. More specifically, the measure was found to discriminate against Indonesian clove cigarettes in favor of menthol cigarettes of US origin.
This briefing paper discusses those aspects of the dispute most relevant to public health, explains the panel’s decision, examines the implications for tobacco control and public health more generally and outlines the options open to the US. The analysis suggests that the decision represents a mixed outcome for public health. Some aspects of the decision reinforce domestic regulatory autonomy, while other aspects are a concern from a public health perspective. As a next step, the US will have to choose between appealing the outcome, implementing the decision by prohibiting menthol cigarettes or permitting clove cigarettes, or refusing to comply with the outcome of the decision.
I also recommend the ongoing discussion of the case on the worldtradelaw blog (http://worldtradelaw.typepad.com/ielpblog/). Whereas the briefing paper aims at providing a summary of the dispute and its implications, there are a few blog posts and comments focused on the question of how the Agreement on Technical Barriers to Trade should be applied. The dispute is quite an important one in terms of how WTO law affects domestic regulatory autonomy in a health context and it will be interesting to see whether either the US or Indonesia will appeal. On the one hand, the US was found to violate WTO law, and in the absence of a successful appeal, will have to bring its domestic law into conformity with WTO law. On the other hand, Indonesia also did not get the outcome it was seeking because the panel rejected the argument that bans on clove cigarettes are not necessary to protect human health.
Neil Boister and Benn McGrady
In a recent article in Journal of International Criminal Justice, we responded to a proposal by Amir Attaran, Roger Bate and Megan Kendall that a treaty should be negotiated under the auspices of the World Health Organization (WHO). More specifically, we responded to the suggestion that a treaty for the criminalization of falsifying medicines should be negotiated under the auspices of the WHO.
We argued that Attaran, Bate and Kendall had failed to consider questions of institutional choice. Working on the assumption that international legalization is an appropriate response to the problem of falsified medicines, we argued that the ‘WHO is not the only forum in which these issues may be addressed and nor is it clear that negotiations under the auspices of the WHO would be better than negotiating an optional protocol to [the UN Convention on Transnational Organized Crime] UNTOC or pursuing a joint initiative of the WHO and the UN Office on Drugs and Crime (UNODC).’ We stressed that if criminalization through international law is the approach to be adopted, it may be more appropriate to locate negotiations within the pre-existing UN criminal justice framework. Read More
On July 19, 2011 the Constitutional Tribunal of Peru rejected the unconstitutionality challenge presented by Jaime Barco Roda on behalf of 5,000 Peruvian citizens.* The Court upheld the constitutionality of the country’s reformed Law 28705 – Law for the Prevention and Control of Tobacco Consumption Risks (“Law 28705”). The decision extensively cited the amicus brief in support of Law 27805 submitted by the O’Neill Institute for National and Global Health Law (“O’Neill Institute”) in collaboration with the Campaign for Tobacco Free Kids (“CTFK”), and the Framework Convention Alliance (“FCA”). Read More
Note: From the American Cancer Society’s Blog, The Global Fight Against Cancer
“Tobacco Control and International Trade in Africa” (August 8, 2011)
Representatives from 13 African countries learn new skills to fight the deadly tobacco trade
Nairobi, Kenya — The American Cancer Society organised an international trade and tobacco control workshop from July 26–28, in Kenya’s capital city. The three-day workshop convened lawyers specializing in international trade law, tobacco-control advocates, representatives from non-governmental organizations involved in international trade law issues in Africa, representatives of the World Health Organization’s Tobacco Free Initiative and the United Nations Commission on International Trade as well as facilitators from Marquette University, the O’Neill Institute for National and Global Health Law at Georgetown University Law Center, and the Geneva-based Union for International Cancer Control.
Participants hailed from 13 countries in Africa including Cameroon, the Democratic Republic of Congo , Ghana, Kenya, Lesotho, Malawi, Nigeria Senegal, South Africa, Togo, and Tanzania, Uganda, Zambia. Read More
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The views reflected in this blog are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.