The TPP Tobacco Carveout Is Not A Slippery Slope

Law360, New York (February 17, 2016, 11:01 AM EST) -- The Trans-Pacific Partnership Agreement's exceptions chapter (Chapter 29) includes a first-of-its-kind provision that means any investor-state dispute settlement (ISDS) claim made in respect of a tobacco control measure will be dismissed (referred to as the tobacco "carveout.") The carefully worded definition used for "tobacco control measure" makes it very likely that any tobacco company effort to bring suit under the TPP ISDS provisions will be quickly dismissed.

This novel clause has been applauded in public interest circles but has drawn criticism from business interests and legal commentators and some Republican members of Congress from tobacco-growing states.

Given the powerful reach of the tobacco...

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