2002-04-06

By the same token, Canadian and Mexican businesses can also claim that the
American unfriendliness to metric is a cost burden.  Forcing labellers to
dual label when metric only is used in their home markets adds a cost to the
product.  Forcing Canada and Mexico to accommodate US sizes might also be
seen as an economic burden.  NAFTA's chapter 11 can work against the US too.

John



----- Original Message -----
From: "Han Maenen" <[EMAIL PROTECTED]>
To: "U.S. Metric Association" <[EMAIL PROTECTED]>
Sent: Saturday, 2002-04-06 05:49
Subject: [USMA:19284] NAFTA treaty


> 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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