Philip Morris International believes Uruguay is Marlboro Country. On February 19, the tobacco giant filed a lawsuit against that country, charging that new health measures involving cigarette packaging amount to unfair treatment of the company.
Uruguay’s new legislation, submitted in June 2009 and expected to go into effect in March 2010, requires that 80 percent of each side of cigarette boxes be covered by graphic images of the possible detrimental health effects of smoking. The company argues that the law limits the space for branding and thus infringes on its intellectual property rights.
These requirements are nothing new in Uruguay or elsewhere in the world. . . .
Ironically, the U.S.-based Philip Morris is filing its claim under a bilateral investment treaty between Uruguay and Switzerland, even though that European country became the most recent nation to adopt strict cigarette packaging rules on January 1, 2010.
Philip Morris has its headquarters in New York but its operations center in Lausanne, Switzerland. The firm is famous for Marlboros (the world’s top-selling cigarette) and controls around 15 percent of the international cigarette market outside the United States.
This case echoes many others currently underway in developing regions, where powerful corporations from the developed north seek to take advantage of “investor protections,” under trade agreements and bilateral investment treaties, to ensure profits at any cost. Such claims are decided by international arbitration tribunals that cannot force a country to repeal its laws but can award massive compensation to the foreign investor.
Philip Morris’s lawsuit is a logical step in the tobacco industry’s aggressive push toward new markets . . .
All nations should be allowed to implement legislation they believe protects their population’s health — without having to face expensive lawsuits from global corporations. Philip Morris’s suit is just the latest in the tobacco industry’s long history of abuse of power.
March 6th, 2010 | Category: International Cigarettes | Leave a comment