WTO Again Says US Clove Cigarette Ban Tramples Trade Rules

Law360, New York (April 4, 2012, 5:39 PM EDT) -- The World Trade Organization's Appellate Body on Wednesday upheld a previous finding that a U.S. ban on clove cigarettes violates international trade rules by favoring mainly domestically produced menthol-flavored cigarettes over cloves imported largely from Indonesia.

The appeals panel took issue with the Family Smoking Prevention and Tobacco Control Act, which bars the sale of flavored cigarettes, finding the ban to be inconsistent with the Agreement on Technical Barriers to Trade, according to the WTO.

“The Appellate Body upholds ... the panel's finding ... that, by...
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