This might seem off topic - it is about the depredations of Big Tobacco -
but it uncovers a very nasty element in the NAFTA trade agreement that
impinges on the way member states label their products and thus allows for
meddling in their internal affairs:

"NAFTA's controversial Chapter 11 section allows foreign companies to sue
Ottawa for compensation if their investments in Canada have been hurt by
Canadian laws or regulations."

Such claims may easily be used to stop metric-only labelling by a member
state. Is this possibly the reason why it is impossible to buy metric-only
measuring tools in Brazil as Marcus reported some time ago????

http://www.bigtobaccosucks.org

If Britain were ever to join NAFTA she would soon find out how her
sovereignty might be eroded to nothingness by big companies, not by a grouop
of nations pooling their sovereignty. I think that the UKIP favours British
membership of NAFTA but of course, this party  will gloss over such rules in
that agreement.

Han
Historian of Dutch Metrication, Nijmegen, The Netherlands

News Box > News Article
 Mar 16. 2002
Tobacco firm warns 'mild' cigarette ban
Source: Steven Chase, The Globe and Mail

OTTAWA -- Tobacco giant Philip Morris International has warned the federal
government that Ottawa will violate NAFTA and global trade rules if it goes
ahead with a proposal to ban the use of the words "light" and "mild" on
cigarette labelling in Canada.

A Philip Morris spokesman said the cigarette maker, which owns a significant
stake in Canada's Rothmans Benson & Hedges Inc., has not ruled out suing
Ottawa under the North American Free Trade Agreement if the ban is enacted.

"I wouldn't rule out any options," said Mark Berlind, a lawyer with Philip
Morris Management Corp., a Philip Morris affiliate company.

Former federal health minister Allan Rock announced last August he would
begin proceedings to ban terms such as "light" and "mild" from cigarette
labels because the words deceive smokers into believing such products are
safer.

Mr. Rock's bid came after an effort to get tobacco companies to remove the
terms voluntarily failed. A spokesman for newly appointed Health Minister
Anne McLellan said her department is reviewing feedback from consultations
and deciding how to proceed.

NAFTA's controversial Chapter 11 section allows foreign companies to sue
Ottawa for compensation if their investments in Canada have been hurt by
Canadian laws or regulations.

In a submission to Ottawa about the proposed ban, Philip Morris
International, Philip Morris Cos. Inc.'s international tobacco subsidiary,
warns Canada that it considers any ban expropriation, a measure that NAFTA
rules say demands compensation.

"Under NAFTA . . . Canada must compensate foreign investors when measures
expropriate, or are tantamount to expropriation of, investments in Canada,"
the company told Ottawa.

Mr. Berlind said Philip Morris would prefer to work with Ottawa on
regulations to govern how terms describing cigarettes are used, including
disclaimers.

The company said tobacco firms developed low-tar yield cigarettes in the
1970s with the encouragement of the government, a move that led to a
significant market developing for consumers who preferred the
lighter-tasting brands.

"The ban would be tantamount to an expropriation of tobacco trademarks
containing descriptive terms, as well as of the substantial investment in
and goodwill associated with those marks and the brands they represent."

Copyright � 2002 Bell Globemedia Interactive Inc.

Source Links: http://www.globeandmail.com


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