Defending strong tobacco packaging and labelling regulations in Uruguay: transnational tobacco control network versus Philip Morris International
Open accessAbstract
Objective: Describe the process of enacting and defending strong tobacco packaging and labelling regulations in Uruguay amid Philip Morris International’s (PMI) legal threats and challenges. Methods: Triangulated government legislation, news sources and interviews with policy-makers and health advocates in Uruguay. Results: In 2008 and 2009, the Uruguayan government enacted at the time the world’s largest pictorial health warning labels (80% of front and back of package) and prohibited different packaging or presentations for cigarettes sold under a given brand. PMI threatened to sue Uruguay in international courts if these policies were implemented. The Vazquez administration maintained the regulations, but a week prior to President Vazquez’s successor, President Mujica, took office on 1 March 2010 PMI announced its intention to file an investment arbitration dispute against Uruguay in the International Centre for the Settlement of Investment Disputes. Initially, the Mujica administration announced it would weaken the regulations to avoid litigation. In response, local public health groups in Uruguay enlisted former President Vazquez and international health groups and served as brokers to develop a collaboration with the Mujica administration to defend the regulations. This united front between the Uruguayan government and the transnational tobacco control network paid off when Uruguay defeated PMI’s investment dispute in July 2016. Conclusion: To replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society and financial and technical support are important factors in overcoming tobacco industry’s legal threats to defend strong public health regulations.
AI snapshot
Written from the paper’s full text.
TL;DR
Uruguay enacted 80% pictorial health warning labels and a single-pack-presentation rule in 2008–2009, then faced Philip Morris International legal threats and an ICSID investment arbitration. A united front of Uruguayan officials, local health groups, former President Vazquez, and the transnational tobacco control network helped Uruguay defeat PMI’s claim in July 2016.
Key findings
- Uruguay’s 2008–2009 regulations required pictorial HWLs covering 80% of the front and back of cigarette packages and prohibited different packaging/presentations for a given brand.
- PMI’s subsidiary Abal sent five letters to the Health Ministry between September 2008 and June 2009, and PMI filed an ICSID arbitration request on 1 March 2010 under the Uruguay–Switzerland BIT, later seeking US$25.7 million in damages.
- The Mujica administration initially announced it would weaken the regulations by eliminating the single pack presentation and reducing HWLs from 80% to 65%, but after mobilization by CIET, SUT, former President Vazquez, TFK, PAHO, WHO, and Bloomberg, it reversed course and defended them.
- In July 2016, ICSID rejected PMI’s claims and ruled Uruguay had the sovereign right to protect public health; PMI’s total costs were US$16.9 million versus Uruguay’s US$10.3 million, and PMI was ordered to pay US$7 million of Uruguay’s costs plus US$1.5 million in tribunal/ICSID fees, leaving Uruguay to pay US$3.3 million, of which Bloomberg through TFK funded US$1.5 million.
Methods
- The authors triangulated Uruguayan tobacco control legislation, government and health group reports, newspaper articles, and interviews.
- They reviewed sources between August 2014 and June 2016 using snowball searches, and attempted to recruit 26 interviewees between November 2014 and July 2015; 16 agreed, including seven tobacco control advocates, three congressmen, five Ministry of Health officials, and one Ministry of Foreign Relations official.
- Results were triangulated and thematically analysed through standard process tracing frameworks.
Limitations
- The paper states that top government officials in the president’s office and the Ministry of Foreign Affairs declined interview requests, limiting complete understanding of how the Mujica administration responded to tobacco industry legal threats.
- The paper states that, to protect attorney–client privileges, policy-makers in the Health Ministry and Foreign Affairs Ministry could not discuss legal advice given to the President surrounding the PMI investment challenge.
Model-written summary. Check it against the paper before relying on it.
Integrity signals
Registry
Cites
Statistics
Claims the paper makes
41 of 139 cited sources checked · 19 supported · 1 flagged · accuracy not yet measured
- Premisecitation
Since the 1990s, tension between trade and tobacco control has escalated as new legal rules concerning intellectual property and foreign investment have enabled investors, including tobacco companies, to challenge domestic public health policies in international trade and investment arbitration courts.
“Since the 1990s, the tension between trade and tobacco control has escalated1 as new legal rules concerning intellectual property and foreign investment have enabled investors (including tobacco companies) to challenge domestic public health policies in international trade and investment arbitration courts.2–4”
Quote in the paperSubstantial claim2 of 4 sources checked - Findingcitation
Unlike other countries, the Uruguayan congress did not attempt to weaken the regulations.
“This assistance proved critical because unlike other countries,55–57 congress did not attempt to weaken the regulations.49–51”
Quote in the paperSubstantial claim1 of 6 sources checked- cites [55] Salgado L . Cambios a la ley del control del tabaco favorece: industrias tabacaleras sobre la salud de los hondurenos: Framework Convention Alliance. 2011 http://www.uypress.net/uc_13313_1.html.
Not checked in the free run.
- cites [56] Dunkley -Willis . Committee softens tobacco regulations. The observer, 2013. http://www.jamaicaobserver.com/news/Committee-softens-tobacco-regulations_15271139 (accessed 12 May 2016).
Not checked in the free run.
- cites [57] source
The Discussion reports attempts in Costa Rica and other countries to weaken tobacco-control regulations by seeking exemptions during implementation. It does not say that congress in those countries attempted to weaken the regulations; the Costa Rican account instead describes lobbying during an executive-branch regulatory process. The statement about Uruguay is attached to separate citations and is not assessed here. (LLM, conf=0.82)
Experimental — accuracy not yet measured - cites [49] Asqueta Miguel . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [50] Xavier Monica . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [51] Radío Daniel . Interview by Eric Crosbie. Montevideo, Uruguay, 24 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
PMI's Uruguayan subsidiary Abal responded to the prohibition by colour-coding cigarette packages, for example replacing Marlboro Lights with yellow Marlboro packages.
“Philip Morris International’s (PMI) Uruguayan subsidiary Abal Hermanos (Abal) responded to the prohibition by colour-coding cigarette packages (eg, replacing Marlboro Lights with yellow Marlboro packages).”
Quote in the paperNot a substantial claim2 of 3 sources checked- cites [28] source
The Results (‘Brand name changes’; page unavailable) report that, in response to the US ban, Philip Morris renamed ‘Marlboro Light’ sub-brands ‘Marlboro Gold’. The Discussion also describes a gold Marlboro pack. Our copy does not establish that PMI’s Uruguayan subsidiary Abal made the change, or that Marlboro Lights were replaced with yellow packages in Uruguay. (LLM, conf=0.88)
Experimental — accuracy not yet measured - cites [29] source
- cites [30] source
The Discussion (page unavailable) says tobacco companies in the UK, Australia and Canada replaced prohibited terms with systematic pack colour differences. It does not identify Uruguay, Abal Hermanos, or a change from Marlboro Lights to yellow Marlboro packages, so it supports the general practice but not this specific example. (LLM, conf=0.85)
Experimental — accuracy not yet measured
- Premisecitation
Constitutional courts upheld strong tobacco control policies in fourteen countries.
“Constitutional courts upheld strong tobacco control policies in fourteen countries.17199399”
Quote in the paperNot a substantial claim6 of 9 sources checked- cites [17] source
The Results section (‘Litigation against the Mexico City law’; page not provided) says Mexico’s Supreme Court unanimously upheld the Mexico City smokefree law. It does not report constitutional-court rulings in fourteen countries, so the claim’s country count is unsupported. (LLM, conf=0.88)
Experimental — accuracy not yet measured - cites [19] Uang R , Crosbie E , Glantz S . Tobacco control law implementation in a middle income country: transnational tobacco control networks overcoming tobacco industry opposition in Colombia. Global Public Health 2016. Under review. source
The Results section (The prohibition of TAPS; page unavailable) says the Colombian Constitutional Court upheld a tobacco advertising, promotion, and sponsorship law in 2010. The paper does not report constitutional courts upholding tobacco control policies in fourteen countries; it establishes this outcome for Colombia only. (LLM, conf=0.90)
Experimental — accuracy not yet measured - cites [93] source
Section 3.2 reports that courts upheld tobacco-control laws against constitutional challenges in several countries, including Guatemala, Peru, and Costa Rica. It does not report such rulings in fourteen countries; Section 4 instead counts thirteen countries that had adopted comprehensive national smokefree policies. Page numbers are not available in our copy. (LLM, conf=0.88)
Experimental — accuracy not yet measured - cites [94] source
- cites [95] source
The “Tobacco Control and Governance of the Global Economy: Key Tensions” section discusses WTO disputes and proposed challenges to national tobacco policies, but does not report constitutional-court rulings. Searches for constitutional courts and fourteen countries found no passage supporting the claimed number or outcome; page numbers were unavailable in our copy. (LLM, conf=0.76)
Experimental — accuracy not yet measured - cites [96] source
The Abstract describes tobacco-control policies adopted in several Latin American and Caribbean countries, and the Colombia section mentions a legal analysis of a proposed law’s constitutional framework. Neither reports constitutional courts upholding policies in fourteen countries. Searches for constitutional courts and fourteen countries found no passage addressing that claim. (LLM, conf=0.73)
Experimental — accuracy not yet measured - cites [97] source
The Results discuss smoke-free laws enacted in Nordic countries, but not constitutional-court rulings. Searches for constitutional courts and fourteen countries found no passage addressing the claimed rulings; the court cases mentioned in the Introduction and Discussion concern different matters. Page numbers were not available in our copy. (LLM, conf=0.75)
Experimental — accuracy not yet measured - cites [98] McKay B . Bloomberg, gates launch antitabaco fund. WSJ 2015;18 http://www.wsj.com/articles/bloomberg-gates-launch-antitobacco-fund-1426703947.
Not checked in the free run.
- cites [99] Crosbie, 2012, Tobacco industry success in Costa Rica: the importance of FCTC article 5.3. salud publica de mexico, Jan-
- Findingcitation
The EU successfully proposed adding the clause, 'provided that such measures are consistent with the TRIPS agreement.'
“The EU successfully proposed adding the clause, ‘provided that such measures are consistent with the TRIPS agreement.’25”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites [25] source
- Findingcitation
The Punta del Este Declaration specifically recognised the Parties' concern regarding industry attempts to undermine government tobacco control regulations and Parties' right and commitment to implement the FCTC.
“The declaration specifically recognised the Parties’ concern regarding industry attempts to undermine government tobacco control regulations and Parties’ right and commitment to implement the FCTC.25”
Quote in the paperSubstantial claim1 of 1 sources checked- cites [25] source
- Findingnone given
A week prior to President Mujica taking office on 1 March 2010, PMI announced its intention to file an investment arbitration dispute against Uruguay in ICSID.
“a week prior to President Vazquez’s successor, President Mujica, took office on 1 March 2010 PMI announced its intention to file an investment arbitration dispute against Uruguay in the International Centre for the Settlement of Investment Disputes.”
Quote in the paperNot a substantial claim - Findingnone given
The Vazquez administration maintained the regulations.
“The Vazquez administration maintained the regulations”
Quote in the paperSubstantial claim - Findingnone given
Initially, the Mujica administration announced it would weaken the regulations to avoid litigation.
“Initially, the Mujica administration announced it would weaken the regulations to avoid litigation.”
Quote in the paperSubstantial claim - Findingnone given
PMI threatened to sue Uruguay in international courts if the packaging and labelling policies were implemented.
“PMI threatened to sue Uruguay in international courts if these policies were implemented.”
Quote in the paperSubstantial claim - Findingreasoning
The united front between the Uruguayan government and the transnational tobacco control network paid off when Uruguay defeated PMI's investment dispute in July 2016.
“This united front between the Uruguayan government and the transnational tobacco control network paid off when Uruguay defeated PMI’s investment dispute in July 2016.”
Quote in the paperSubstantial claim - Findingcitation
Between April and June 2010, reports surfaced that PMI was privately negotiating an amendment to the regulations with the Ministers of Economy, Foreign Affairs and Health.
“Between April and June 2010, reports surfaced that PMI was privately negotiating an amendment to the regulations with the Ministers of Economy, Foreign Affairs and Health.4449”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [4449]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingnone given
With authorisation from the Bloomberg Foundation, TFK offered financial assistance to the Uruguayan government to help support Uruguay's legal defence.
“With authorisation from the Bloomberg Foundation, TFK offered financial assistance to the Uruguayan government to help support Uruguay’s legal defence.”
Quote in the paperNot a substantial claim - Findingcitation
There was strong support for the regulations in the Uruguayan congress.
“In addition to support by the executive branch, there was strong support for the regulations in the Uruguayan congress.”
Quote in the paperSubstantial claim - Findingcitation
On 28 July 2010, TFK coordinated a letter signed by several international health groups urging Mujica to defend the regulations.
“On 28 July 2010, (four days after the public announcement of the weakened regulations), TFK coordinated a letter signed by several international health groups urging Mujica to defend the regulations.75”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [75] Alliance FC . Victory! Uruguay keeps warning labels. 2010 http://www.fctc.org/fca-news/packaging-and-labelling/395-victory-uruguay-keeps-warning-labels (accessed 29 Jul 2015).
Not checked in the free run.
- Findingcitation
In late August 2010, TFK reiterated to the Uruguayan government the widespread global support to Uruguay's case.
“In late August, TFK reiterated to the Uruguayan government the widespread global support to Uruguay’s case.78”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [78] Campaign for Tobacco-Free Kids. Letter from TFK to diego canepa regarding support for Uruguay against Philip Morris international. 2010.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
On 1 March 2010, while domestic legal challenges were pending and a week before new President Mujica took office, PMI filed a request for arbitration with ICSID under the Uruguay-Switzerland bilateral investment treaty.
“On 1 March 2010, while the domestic legal challenges were pending and a week before new President Mujica took office, PMI filed a request for arbitration with ICSID under the Uruguay-Switzerland BIT.63”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [63] World Bank International Centre for Settlement of Investment Disputes. Philip morris brands sàrl, philip morris products S.A. and abal hermanos S.A. v. oriental republic of Uruguay notice of intent. Washington D.C., United States: Switzerland-Uruguay Bilateral Investment Treaty, 2010. http://www.tobaccocontrollaws.org/files/live/litigation/2512/UY_Philip Morris SÀRL v. Uruguay.pdf. (accessed 16 Nov 2016).
Not checked in the free run.
- Findingreasoning
From this point on, the Mujica administration took a strong stance against PMI and the investment challenge to ensure the regulations would be protected.
“From this point on, the Mujica administration took a strong stance against PMI and the investment challenge to ensure the regulations would be protected.”
Quote in the paperSubstantial claim - Findingcitation
In February and March 2010, CIET and SUT published opinion-editorials in newspapers denouncing PMI's attempt to intimidate the government.
“In February and March 2010, CIET and SUT published opinion-editorials in newspapers denouncing PMI’s attempt to intimidate the government.6970”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [6970]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
CIET requested TFK's assistance to help the government defend the regulations.
“CIET requested TFK’s assistance to help the government defend the regulations.4449”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [4449]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
In March 2010, during a WHO meeting, CIET convened a meeting with TFK and FCA, Uruguayan government officials, and WHO lawyers to request support defending the regulations.
“In March 2010, during a WHO meeting, CIET convened a meeting with TFK and FCA, Uruguayan government officials, and WHO lawyers to request support defending the regulations.4449”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [4449]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
In September 2010, PAHO became the first inter-governmental health organisation to formally support Uruguay.
“In September 2010, the Pan American Health Organization (PAHO), the WHO regional office for the Americas, became the first inter-governmental health organisation to formally support Uruguay.79”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [79] Pan American Health Organization. Resolution CD50.R6: strengthening the capacity of member states to implement the provisions and guidelines of the WHO framework convention on tobacco control. 2010 http://apps.who.int/iris/bitstream/10665/166856/1/CD50.R6-e.pdf (accessed 20 Oct 2016).
Not checked in the free run.
- Findingreasoning
Despite Abal's threats, the Vazquez administration remained firm on the regulations.
“Despite Abal’s threats, the administration remained firm on the regulations.”
Quote in the paperSubstantial claim - Findingcitation
In late September and early October 2010, TFK reiterated its offer of financial and technical support to defend the regulations and develop a communications strategy.
“In late September and early October, TFK reiterated its offer of financial and technical support to defend the regulations and develop a communications strategy80 (table 1).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [80] Campaign for Tobacco-Free Kids. Follow up letter from TFK to Diego Canepa regarding support for Uruguay against Philip Morris International 2010.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
In January and March 2015, the WHO and FCTC Secretariat and PAHO presented separate amicus briefs expanding on the scientific evidence and public health justification for the regulations.
“In January and March 2015, the WHO and FCTC Secretariat86 and PAHO87 presented separate amicus briefs expanding on the scientific evidence and public health justification for the regulations.”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites [86] World Health Organization. Written submission (Amicus curiae brief): Philip Morris brands sarl v. oriental republic of Uruguay. Washington D.C., United States: International Centre for Settlement of Investment Disputes, 2015. http://www.who.int/fctc/Amicus-curiae-brief-WHO-WHOFCTC.pdf?ua=1&ua=1 (accessed 18 Nov 2016).
Not checked in the free run.
- cites [87] Pan American Health Organization. Written submission (Amicus curiae brief): Philip Morris brands sarl v. oriental republic of Uruguay. Washington D.C., United States: International Centre for Settlement of Investment Disputes, 2015. file:///Users/ericcrosbie/Downloads/Uruguay-amicus-6-March-15-FINAL.pdf (accessed 18 Nov 2016).
Not checked in the free run.
- Premisecitation
Tobacco companies lobbied states in GATT and WTO to file trade disputes against other member states' tobacco control policies.
“Tobacco companies lobbied states in the General Agreement on Tariffs and Trade and World Trade Organization (WTO) to file trade disputes against other member states’ tobacco control policies.56”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [56] Dunkley -Willis . Committee softens tobacco regulations. The observer, 2013. http://www.jamaicaobserver.com/news/Committee-softens-tobacco-regulations_15271139 (accessed 12 May 2016).
Not checked in the free run.
- Premisecitation
Tobacco control advocates formed a transnational tobacco control network, consisting of health advocates, health organisations, academics, lawyers and donors, to increase exchanges of information and services.
“Partially in response to trade challenges, tobacco control advocates formed a transnational tobacco control network, consisting of health advocates, health organisations, academics, lawyers and donors to increase exchanges of information and services.10”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [10] Mukherjee A , Ekanayake EM . Global regime on tobacco control?: the role of transnational advocacy networks. 2013 http://eds.b.ebscohost.com/abstract?site=eds&scope=site&jrnl=1936203X&AN=101332223&h=s3ENW3hm17Ui1jcVEuT59JDabqcWgIlx1juesXjh6qF0QgNMh1UEuxGFZs2%2fuLi%2fDw7UU6CEktGnBp7UZ7nYEQ%3d%3d&crl=f&resultLocal=ErrCrlNoResults&resultNs=Ehost&crlhashurl=login.aspx%3fdirect%3dtrue%26profile%3dehost%26scope%3dsite%26authtype%3dcrawler%26jrnl%3d1936203X%26AN%3d101332223 (accessed 10 Sep 2015).
Not checked in the free run.
- Interpretationcitation
This support and Vazquez's encouragement helped Mujica reconsider defending both regulations in August 2010.
“This support and Vazquez’s encouragement helped Mujica reconsider defending both regulations in August 2010.75”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [75] Alliance FC . Victory! Uruguay keeps warning labels. 2010 http://www.fctc.org/fca-news/packaging-and-labelling/395-victory-uruguay-keeps-warning-labels (accessed 29 Jul 2015).
Not checked in the free run.
- Interpretationcitation
Uruguay's legal position was strengthened by being a party to the FCTC, which recommends the implementation of strong regulations.
“Uruguay’s legal position was strengthened by being a party to the FCTC, which recommends the implementation of strong regulations.77”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [77] World Health Organization. Guidelines for implementation of article 11 of the WHO framework convention on tobacco control (Packaging and labeling of tobacco products). 2008 http://www.who.int/fctc/guidelines/article_11.pdf (accessed 10 Apr 2012).
Not checked in the free run.
- Interpretationcitation
Forced to lobby WTO member states to file trade disputes can backfire.
“Forced to lobby WTO member states to file trade disputes can also backfire”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [109] Miles T . Ukraine drops WTO action against australian tobacco-packaging laws. Reuters 2015 http://www.reuters.com/article/wto-tobacco-idUSL5N0YP3S420150603 (accessed 25 May 2016).
Not checked in the free run.
- Interpretationreasoning
PMI's losses to Uruguay in domestic and international courts are the latest in a string of losses at the national and international level.
“PMI’s losses to Uruguay in domestic and international courts are the latest in a string of losses at the national and international level.”
Quote in the paperNot a substantial claim - Interpretationreasoning
This international support sent a clear signal that Uruguay was not alone in defending its regulations against PMI.
“This international support sent a clear signal that Uruguay was not alone in defending its regulations against PMI.”
Quote in the paperNot a substantial claim - Premisecitation
PMI's treaty shopping (moving ownership to Hong Kong to challenge Australia's plain packaging policy) failed when the investment dispute was rejected on jurisdictional grounds.
“This treaty shopping also failed when the investment dispute was rejected on jurisdictional grounds.111”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [111] Taylor R . Philip Morris loses latest case against Australia Cigarette-Pack laws. WSJ 2015;18 http://www.wsj.com/articles/philip-morris-loses-latest-case-against-australia-cigarette-pack-laws-1450415295.
Not checked in the free run.
- Premisecitation
Ten months after Australia announced the plain packaging proposal, PMI moved ownership of its Australian operations from Switzerland to Hong Kong to challenge Australia's plain packaging policy under a 1993 Australia-Hong Kong BIT.
“Ten months after Australia announced the plain packaging proposal, PMI moved ownership of its Australian operations from Switzerland to Hong Kong to challenge Australia’s plain packaging policy under a 1993 Australia-Hong Kong BIT.110”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [110] United Nations Commission on International Trade Law. Philip Morris international limited v. commonwealth of Australia (Procedural order no.4). Geneva, Switzerland: 1993 Australia-Hong Bilateral Investment Treaty, 2012. http://www.tobaccocontrollaws.org/litigation/decisions/au-20121130-philip-morris-asia-limited-v.-. (accessed 12 Jul 2016).
Not checked in the free run.
- Interpretationreasoning
Without the ISDS mechanism in the Uruguay-Switzerland BIT, PMI would have had to convince a WTO member to challenge Uruguay's regulations.
“Without the ISDS mechanism in the Uruguay-Switzerland BIT, PMI would have had to convince a WTO member to challenge Uruguay’s regulations.”
Quote in the paperSubstantial claim - Interpretationreasoning
PMI's loss to Uruguay in ICSID, along with other defeats, provides greater legal clarity surrounding a country's sovereign right to implement public health regulations.
“PMI’s loss to Uruguay in ICSID, along with other defeats, provides greater legal clarity surrounding a country’s sovereign right to implement public health regulations.”
Quote in the paperSubstantial claim - Interpretationcitation
When the Mujica administration considered weakening the regulations to avoid an expensive legal battle with PMI, local health groups mobilised support from former President Vazquez and international health groups to produce a strong united response to support defending the regulations.
“When the Mujica administration considered weakening the regulations to avoid an expensive legal battle with PMI (whose 2010 annual net revenues exceeded $64 billion versus Uruguay’s $32 billion GDP73 local health groups mobilised support from former President Vazquez and international health groups to produce a strong united response to support defending the regulations.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [73] Paolillo C . Part III: Uruguay vs. Philip Morris: Tobacco giant wages legal fight over South America’s toughest smoking controls. The center for public integrity, 2010. https://www.publicintegrity.org/2010/11/15/4036/part-iii-uruguay-vs-philip-morris. (accessed 12 Aug 2015).
Not checked in the free run.
- May combine two claims. 61
- Classified as probably not a substantial claim. 16
May combine two claims.
FindingcitationThe single pack presentation permitted only one variant of each cigarette brand, which prohibited the colour-coding of light and mild or menthol variants.
“(The single pack presentation permitted only one variant of each cigarette brand which prohibited the colour-coding of ‘light’ and ‘mild’28–3033 or menthol33 variants).”
Quote in the paperSubstantial claim3 of 4 sources checked- cites [28] source
The Results (Brand name changes; page unavailable) document colour substitutions for ‘Light’ and ‘Mild’ sub-brands, including Marlboro Light becoming Marlboro Gold and Marlboro Mild becoming Marlboro Blue. That supports the reference to colour-coding of those variants, but the paper does not say that a single-pack presentation limited brands to one variant or prohibited such colour-coding; it describes colour-coding continuing after the US descriptor ban. (LLM, conf=0.83)
Experimental — accuracy not yet measured - cites [29] source
- cites [30] source
The Discussion (page unavailable) reports that manufacturers used systematic pack-colour differences to signal ‘light’ and ‘mild’ variants, and says plain packaging would help eliminate cues to differential harm. It does not say that a single-pack presentation allowed only one variant per brand, prohibited colour-coding, or addressed menthol variants. (LLM, conf=0.82)
Experimental — accuracy not yet measured - cites [33] Brown J , DeAtley T , Welding K , et al . Tobacco industry response to menthol cigarette bans in Alberta and nova Scotia, Canada. Tob Control 2016, tobaccocontrol-2016-053099.doi:10.1136/tobaccocontrol-2016-053099 source
The cited paper does not describe a single-pack presentation that permits only one variant per brand. In “Pack colour and brand name descriptors” (page unavailable), it reports the opposite of the attributed menthol point: post-ban replacement packs retained the prominent green colour of menthol packs and substituted “green” for “menthol.” (LLM, conf=0.87)
Checked by a reasoning model — may be wrong.
Experimental — accuracy not yet measured
May combine two claims.
PremisecitationThe transnational tobacco control network supported the creation of the WHO FCTC and assisted governments in implementing it, which has accelerated the adoption of tobacco control regulations, including pictorial health warning labels on cigarette packages.
“This network supported the creation of the WHO Framework Convention on Tobacco Control (FCTC)15 and assisted governments in implementing it,16–19 which has accelerated the adoption of tobacco control regulations,20–23 including pictorial health warning labels (HWLs) on cigarette packages.24”
Quote in the paperNot a substantial claim8 of 9 sources checked- cites [15] World Health Organization. WHO framework convention on tobacco control. Geneva, Switzerland, 2003. http://apps.who.int/iris/bitstream/10665/42811/1/9241591013.pdf. (accessed 12 Nov 2015).
Not checked in the free run.
- cites [16] Gilmore AB , Fooks G , Drope J , et al . Exposing and addressing tobacco industry conduct in low-income and middle-income countries. Lancet Mar 14 2015;385:1029–43.doi:10.1016/S0140-6736(15)60312-9 source
Split into 2 atoms — 1 confirmed, 0 partially supported, 0 disputed, 0 misattributed, 1 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measured - cites [17] source
- cites [18] Crosbie, 2016, Costa Rica’s implementation of the Framework Convention on Tobacco Control: Overcoming decades of industry dominance, Salud Publica Mex source
- cites [19] Uang R , Crosbie E , Glantz S . Tobacco control law implementation in a middle income country: transnational tobacco control networks overcoming tobacco industry opposition in Colombia. Global Public Health 2016. Under review. source
- cites [20] source
- cites [21] source
- cites [22] source
- cites [23] Hiilamo, 2016, FCTC followed by accelerated implementation of tobacco advertising bans, Tob Control source
May combine two claims.
PremisecitationTobacco companies directly challenged public health policies using investor-state dispute settlement mechanisms in trade and investment agreements and used the threat of legal action to dissuade governments from implementing tobacco control policies.
“Subsequently, tobacco companies directly challenged public health policies using investor–state dispute settlement (ISDS) mechanisms in trade and investment agreements7 and used the threat of legal action8 to dissuade governments from implementing tobacco control policies.9”
Quote in the paperSubstantial claim1 of 3 sources checked- cites [7] McGrady B . In: Tania Voon AM , Liberman J , Ayres G , eds. Implications of ongoing trade and investment disputes concerning tobacco: philip morris v. uruguay. Washington DC: Georgetown university, 2012. https://poseidon01.ssrn.com/delivery.php?ID=096101005029120020085105099025003072014032009009067021125028075125026006118023107081056106037048008024003098092085092103094026103081013034035001005087106117001103031054006075074072069015114096027125008118024072088066122067107094100094024118113071066066&EXT=pdf (accessed 5 Nov 2015). source
- cites [8] Tienhaara K . Regulatory chill and the threat of arbitration: A view from political science. In: Brown C , Miles K , eds. Evolution in investment treaty law and arbitration. Cambridge University Press: Cambridge, 2011:606–28.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [9] source
May combine two claims.
PremisecitationThe FCTC does not clearly prioritise health over trade, forcing the transnational tobacco control network to adapt and combat emerging pressures of trade on tobacco control.
“The fact that the FCTC does not clearly prioritise health over trade125 forced this network to adapt and combat emerging pressures of trade on tobacco control.”
Quote in the paperSubstantial claim2 of 2 sources checkedMay combine two claims.
InterpretationcitationSimilar to successful tobacco control advocacy efforts in other countries, local civil society groups developed close relationships with government officials, provided evidence-based information to policy-makers, and closely monitored swift government actions and industry activity to advance tobacco control in Uruguay.
“Similar to successful tobacco control advocacy efforts in other countries,17579293 local civil society groups developed close relationships with government officials, provided evidence-based information to policy-makers, and closely monitored swift government actions and industry activity to advance tobacco control in Uruguay.”
Quote in the paperSubstantial claim4 of 4 sources checkedMay combine two claims.
InterpretationcitationThe network recognised the importance of legal precedents in tobacco control, contributing to their decision to support Uruguay's regulations as a global tobacco control issue.
“The network recognised the importance of legal precedents in tobacco control,97 contributing to their decision to support Uruguay’s regulations as a global tobacco control issue.”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites [97] source
The Abstract Conclusions say the tobacco industry appreciated the global importance of tobacco-control precedents, and the Discussion Conclusions emphasize the importance of setting and defending precedents for both sides. The paper does not establish that the network in the citing sentence recognized this importance; it examines Nordic tobacco companies, not that network. The citation appears before the clause about supporting Uruguay’s regulations, so that decision is not treated as attributed to this source. (LLM, conf=0.82)
Experimental — accuracy not yet measured
May combine two claims.
InterpretationreasoningThe united front between local and international health organisations demonstrates the value of the transnational tobacco control network in combating tobacco industry interference and supporting FCTC implementation, especially in low-income and middle-income countries.
“The united front between local and international health organisations demonstrates the value of the transnational tobacco control network in combating tobacco industry interference and supporting FCTC implementation,139495 especially in low-income and middle-income countries.192057”
Quote in the paperSubstantial claim4 of 5 sources checked- cites [13] source
The Implications for Public Health section says that the strength of global tobacco control lies in an alliance between the epistemic community and other actors, including in the face of tobacco-industry efforts to undermine its work. The Discussion links that community to the FCTC and its implementation guidelines. Our copy does not establish that this alliance is especially valuable in low- and middle-income countries, or specifically describe a united front of local and international health organisations. (LLM, conf=0.82)
Experimental — accuracy not yet measured - cites [94] source
- cites [95] source
The Introduction describes the FCTC as a means of constraining tobacco corporations, and ‘Tobacco Control and Development: A Limited Impact on Priorities’ says WHO’s African and Southeast Asian regions helped shape its agenda and counter an industry argument. The paper does not establish that a united front of local and international health organisations, or a transnational tobacco control network, combated industry interference and supported FCTC implementation, particularly in low- and middle-income countries. The indexed passages have no page numbers. (LLM, conf=0.78)
Experimental — accuracy not yet measured - cites [19] Uang R , Crosbie E , Glantz S . Tobacco control law implementation in a middle income country: transnational tobacco control networks overcoming tobacco industry opposition in Colombia. Global Public Health 2016. Under review. source
- cites [20] source
The Introduction links participation in global tobacco control networks to adoption of FCTC-promoted policies, and the Discussion says industry efforts to undermine warning labels can be overcome. The paper studies FCTC-compliant warning labels in low- and middle-income countries, but it does not describe a united front between local and international health organisations or establish that such cooperation countered industry interference. (LLM, conf=0.81)
Experimental — accuracy not yet measured
May combine two claims.
InterpretationcitationUruguay's Health Ministry established supportive communication with the Ministry of Foreign Affairs, illustrating the importance of developing interagency alliances and a whole-of-government approach to implement the FCTC and resolve differences at the intersection of health and trade.
“Uruguay’s Health Ministry established supportive communication with the Ministry of Foreign Affairs, illustrating the importance of developing interagency alliances and a whole-of-government approach91 to implement the FCTC and resolve differences at the intersection of health and trade.”
Quote in the paperSubstantial claim1 of 1 sources checked- cites [91] source
May combine two claims.
InterpretationcitationAdvocacy networks and epistemic communities have continuously improved the links between science and advocacy to advance tobacco control policy; the Uruguay case highlights how this network strengthened the links between trade and tobacco control to combat emerging pressures of trade on health.
“Advocacy networks and epistemic communities have continuously improved the links between science and advocacy to advance tobacco control policy13149496; the Uruguay case highlights how this network strengthened the links between trade and tobacco control to combat emerging pressures of trade on health.”
Quote in the paperSubstantial claim3 of 5 sources checked- cites [13] source
Split into 2 atoms — 0 confirmed, 1 partially supported, 0 disputed, 0 misattributed, 1 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measured - cites [14] Farquharson, 2003, Influencing policy transnationally: pro-and Anti-Tobacco global advocacy networks, Aust J Public Adm source
- cites [94] source
- cites [95] source
Split into 2 atoms — 0 confirmed, 1 partially supported, 0 disputed, 0 misattributed, 1 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measured - cites [96] source
Split into 2 atoms — 0 confirmed, 2 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measured
May combine two claims.
FindingcitationUruguay produced and tabled the Punta del Este Declaration, supported by the FCTC Parties attending the COP except the EU, China and Japan, declaring the rights of sovereign countries to prioritise public health regulations over trade agreements.
“Uruguay produced and tabled the Punta del Este Declaration, supported by the FCTC Parties attending the COP (except the EU, China and Japan), declaring the rights of sovereign countries to prioritise public health regulations over trade agreements.25”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites [25] source
Split into 2 atoms — 0 confirmed, 2 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measured
May combine two claims.
FindingreasoningIn response, local public health groups in Uruguay enlisted former President Vazquez and international health groups and served as brokers to develop a collaboration with the Mujica administration to defend the regulations.
“In response, local public health groups in Uruguay enlisted former President Vazquez and international health groups and served as brokers to develop a collaboration with the Mujica administration to defend the regulations.”
Quote in the paperSubstantial claimMay combine two claims.
Findingnone givenIn 2008 and 2009, the Uruguayan government enacted the world's largest pictorial health warning labels covering 80% of the front and back of the package and prohibited different packaging or presentations for cigarettes sold under a given brand.
“In 2008 and 2009, the Uruguayan government enacted at the time the world’s largest pictorial health warning labels (80% of front and back of package) and prohibited different packaging or presentations for cigarettes sold under a given brand.”
Quote in the paperSubstantial claimMay combine two claims.
FindingcitationA week later, Mujica visited Vazquez to privately discuss PMI's legal threats and the regulations, when Vazquez reportedly urged Mujica to defend the regulations and seek international support.
“A week later, Mujica visited Vazquez to privately discuss PMI’s legal threats and the regulations, when Vazquez reportedly urged Mujica to defend the regulations and seek international support.73”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [73] Paolillo C . Part III: Uruguay vs. Philip Morris: Tobacco giant wages legal fight over South America’s toughest smoking controls. The center for public integrity, 2010. https://www.publicintegrity.org/2010/11/15/4036/part-iii-uruguay-vs-philip-morris. (accessed 12 Aug 2015).
Not checked in the free run.
May combine two claims.
FindingcitationHealth officials contacted local health groups CIET and SUT for information on the regulations' international legal implications; these organisations asked TFK and FCA for help.
“Health officials contacted local health groups, the Centro de Investigacion para la Epidemia del Tabaquismo (CIET, Tobacco Epidemic Research Centre) and the Sociedad Uruguaya de Tabacología (SUT, Uruguayan Tobacco Society) for information on the regulations’ international legal implications; these organisations asked the US-based Campaign for Tobacco Free Kids (TFK, supported by the Bloomberg Init”
Quote in the paperNot a substantial claim0 of 6 sources checked- cites [43] berg Bloom . Bloomberg initiative to reduce tobacco use grants program. 2009 http://tobaccocontrolgrants.org/ (accessed 5 Mar 2015).
Not checked in the free run.
- cites [44] Bianco Eduardo . Interview by Eric Crosbie. Montevideo, Uruguay, 22 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [45] Sica Amanda . Interview by Eric Crosbie. Montevideo, Uruguay, 28 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [46] Goja Beatriz . Interview by Eric Crosbie. Montevideo, Uruguay, 22 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [47] Pineiro Diego . Interview by Eric Crosbie. Montevideo, Uruguay, 24 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [48] Esteves Elba . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationA few days later, Mujica said in a radio interview that the government's approach to the regulations had been 'no simple thing' and that his government faced 'a clever and powerful enemy' and was seeking other options to avoid contracting 'lawyers at $1500 an hour for several years'.
“A few days later, Mujica said in a radio interview that the government’s approach to the regulations had been ‘no simple thing’ and that his government faced ‘a clever and powerful enemy’ and was seeking other options to avoid contracting ‘lawyers at $1500 an hour for several years’.73”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [73] Paolillo C . Part III: Uruguay vs. Philip Morris: Tobacco giant wages legal fight over South America’s toughest smoking controls. The center for public integrity, 2010. https://www.publicintegrity.org/2010/11/15/4036/part-iii-uruguay-vs-philip-morris. (accessed 12 Aug 2015).
Not checked in the free run.
May combine two claims.
FindingcitationIn 2008 and 2009, the Uruguayan government responded by implementing the world's strongest at the time tobacco packaging and labelling regulations, requiring pictorial health warning labels covering 80% of the front and back of the package and that cigarette brands be sold in a single pack presentation.
“In 2008 and 2009, the Uruguayan government responded by implementing the world’s strongest (at the time) tobacco packaging and labelling regulations, requiring pictorial HWLs covering 80% of the front and back of the package31 (figure 1) and that cigarette brands be sold in a single pack presentation.32”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [31] Oriental Republic of Uruguay. Executive decree N. 287. Montevideo, Uruguay: Office of the President, 2009. http://www.tobaccocontrollaws.org/files/live/Uruguay/Uruguay - Decree No. 287_009 - national.pdf (accessed 10 Dec 2015).
Not checked in the free run.
- cites [32] Oriental Republic of Uruguay. Public ordinance N. 514. Montevideo, Uruguay: Ministry of Public Health, 2008. http://www.tobaccocontrollaws.org/files/live/Uruguay/Uruguay - Ordinance No. 514 - national.pdf (accessed 10 Dec 2015).
Not checked in the free run.
May combine two claims.
Findingnone givenIn 2004, Dr Tabaré Vazquez was elected president and made reducing tobacco consumption a high priority.
“In 2004, Dr Tabaré Vazquez, an oncologist, was elected president and made reducing tobacco consumption a high priority.”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationIn June 2010, CIET wrote former President Vazquez stating changes to the regulations would reverse progress in Uruguay and set a bad precedent for the region.
“In June, CIET wrote former President Vazquez stating changes to the regulations would reverse progress in Uruguay and set a bad precedent for the region.44”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [44] Bianco Eduardo . Interview by Eric Crosbie. Montevideo, Uruguay, 22 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationBetween 2009 and 2012, after failing to force the Vazquez administration to withdraw the regulations, Abal unsuccessfully filed two lawsuits to block the single pack presentation on the grounds that the Health Ministry did not have jurisdiction to issue the ordinance and that only congress could restrict Abal's constitutional rights.
“After failing to force the Vazquez administration to withdraw the regulations, between 2009 and 2012 Abal unsuccessfully filed two lawsuits58–60 to block the single pack presentation on the grounds that the Health Ministry did not have jurisdiction to issue the ordinance and that only congress could restrict Abal’s constitutional rights.”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites [58] Hermanos A . Request for injunction to ordinance N. 514. Montevideo, Uruguay: Tribunal de lo Contencioso Administrativo, 2009. http://www.tobaccocontrollaws.org/files/live/litigation/2512/UY_Philip Morris SÀRL v. Uruguay.pdf (accessed 30 July 2015).
Not checked in the free run.
- cites [59] Hermanos A . Request for annulment of article 3 of ordinance N. 514 before the TCA. Montevideo, Uruguay: Tribunal de lo Contencioso Administrativo, 2009. http://www.tobaccocontrollaws.org/files/live/litigation/2512/UY_Philip Morris SÀRL v. Uruguay.pdf. (accessed 30 Jul 2015).
Not checked in the free run.
- cites [60] Tribunal de lo Contencioso Administrativo. TCA decision No. 509 on abal’s Request for Annulment of Article 3 of Ordinance N. 514. Montevideo, Uruguay, 2011. http://www.tobaccocontrollaws.org/files/live/litigation/2512/UY_Philip Morris SÀRL v. Uruguay.pdf. (accessed 30 Jul 2015).
Not checked in the free run.
May combine two claims.
FindingcitationTFK wrote President Mujica on 16 July 2010, offering legal support and requesting that his administration not settle with PMI.
“In response, TFK wrote President Mujica on 16 July 2010, (a week before the public announcement of the weakened regulations) offering legal support and requesting that his administration not settle with PMI.74”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [74] Campaign for Tobacco-Free Kids. Letter from TFK and international health groups to president Mujica regarding support for Uruguay against Philip Morris international, 16 July 2010.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationSupported by strong local advocates, Uruguay became the first Latin American country to establish 100% smokefree environments in all workplaces and public places, prohibit misleading descriptors on cigarette packages and adopt pictorial health warning labels covering 50% of the front and back of the package.
“Supported by strong local advocates, Uruguay became the first Latin American country to establish 100% smokefree environments in all workplaces and public places,26 prohibit misleading descriptors on cigarette packages and adopt pictorial HWLs covering 50% of the front and back of the package27”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites [26] Oriental Republic of Uruguay. Decree N. 35. Montevideo, Uruguay: Ministry of Public Health, 2005. http://www.tobaccocontrollaws.org/files/live/Uruguay/Uruguay - Decree No. 35_005 - national.pdf. (accessed 10 Dec 2015).
Not checked in the free run.
- cites [27] Oriental Republic of Uruguay. Decree N. 171. Montevideo, Uruguay: Ministry of Public Health, 2005. http://www.tobaccocontrollaws.org/files/live/Uruguay/Uruguay - Decree No. 171-005 - national.pdf. (accessed 10 Dec 2015).
Not checked in the free run.
May combine two claims.
FindingcitationOn 24 July 2010, a day after Health Minister Olesker announced the government intended to weaken the regulations, the press and CIET contacted former President Vazquez who appeared on television to express disappointment in the Mujica administration and oppose weakening the regulations.
“On 24 July 2010, a day after Health Minister Olesker announced the government intended to weaken the regulations, the press and CIET contacted former President Vazquez who appeared on television to express disappointment in the Mujica administration and oppose weakening the regulations.71”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [71] Castillo F . Vázquez habló y el gobierno rebobinó. El Pais 2010 http://historico.elpais.com.uy/10/07/27/pnacio_504417.asp (Accessed 30 Jul 2015).
Not checked in the free run.
May combine two claims.
FindingcitationIn July 2010, CIET met with Senator Lucia Topolanski, President Mujica's wife, to explain the risks of weakening the regulations; she told CIET to speak directly with the president.
“In July, CIET met with Senator Lucia Topolanski, President Mujica’s wife, to explain the risks of weakening the regulations. She told CIET to speak directly with the president.”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationThe Health Ministry recognised trade and investment agreements presented new complexities beyond their expertise and requiring discussions with the Ministries of Economy and Foreign Affairs.
“The Health Ministry recognised trade and investment agreements presented new complexities beyond their expertise and requiring discussions with the Ministries of Economy and Foreign Affairs.3940”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [3940]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationAfter learning about the government's private negotiations with PMI, CIET alerted the media and met with government officials to argue for maintaining the regulations.
“After learning about the government’s private negotiations with PMI, CIET alerted the media and met with government officials to argue for maintaining the regulations.4447”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [4447]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationOn 10 August 2010, the international delegation of lawyers met high level government officials and congressmen to argue against settling; they told the government that it had a strong legal case because international law, including the Uruguay-Switzerland bilateral investment treaty, recognised governments' authority to protect public health.
“On 10 August 2010, the international delegation of lawyers met high level government officials and congressmen to argue against settling. They told the government that it had a strong legal case76 because international law, including the Uruguay-Switzerland BIT, recognised governments’ authority to protect public health.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [76] Cotelo E . ONGs anti-tabaco: la posición uruguaya en el litigio contra philip morris es muy fuerte. El Espectador 2010 http://www.espectador.com/politica/191038/ongs-anti-tabaco-la-posicion-uruguaya-en-el-litigio-contra-philip-morris-es-muy-fuerte (accessed 22 Aug 2015).
Not checked in the free run.
May combine two claims.
FindingcitationPAHO's Executive Committee passed a resolution which specifically expressed support for Uruguay implementing FCTC recommended policies and urged member states to oppose tobacco industry interference.
“PAHO’s Executive Committee passed a resolution which specifically expressed support for Uruguay implementing FCTC recommended policies and urged member states to oppose tobacco industry interference.79”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [79] Pan American Health Organization. Resolution CD50.R6: strengthening the capacity of member states to implement the provisions and guidelines of the WHO framework convention on tobacco control. 2010 http://apps.who.int/iris/bitstream/10665/166856/1/CD50.R6-e.pdf (accessed 20 Oct 2016).
Not checked in the free run.
May combine two claims.
Findingown dataAbal argued the regulations violated a 1991 Uruguay-Switzerland bilateral investment treaty and threatened to file a complaint with ICSID seeking compensation for damages.
“Abal argued the regulations violated a 1991 Uruguay-Switzerland bilateral investment treaty (BIT) and threatened to file a complaint with the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) seeking compensation for damages.”
Quote in the paperNot a substantial claimMay combine two claims.
Findingnone givenPMI then threatened and sued Uruguay in domestic and international courts.
“PMI then threatened and sued Uruguay in domestic and international courts.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationLuis Almagro, Minister of Foreign Affairs, responded that the government remained committed to fighting tobacco but was uncertain of the regulations' legality under international trade law.
“Luis Almagro, Minister of Foreign Affairs, responded, telling reporters the government remained committed to fighting tobacco but was uncertain of the regulations’ legality under international trade law.72”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [72] Carroll R . Uruguay bows to pressure over anti-smoking law amendments: tobacco giant philip morris accused of corporate bullying following government’s decision to water down legislation. The Guardian 2010 http://www.theguardian.com/world/2010/jul/27/uruguay-tobacco-smoking-philip-morris (accessed 18 Oct 2015).
Not checked in the free run.
May combine two claims.
FindingcitationLegislators confirmed local tobacco control organisations CIET and SUT and President Vazquez changed the culture of tobacco control in Uruguay and achieved strong political consensus for the regulations, assisted by strong public support and a reduction in hospital admissions following Uruguay's smokefree law.
“Legislators confirmed local tobacco control organisations, CIET and SUT, and President Vazquez changed the culture of tobacco control in Uruguay and achieved strong political consensus for the regulations49–51 assisted by strong public support,45–485253 and a reduction in hospital admissions following Uruguay’s smokefree law.54”
Quote in the paperSubstantial claim0 of 9 sources checked- cites [49] Asqueta Miguel . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [50] Xavier Monica . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [51] Radío Daniel . Interview by Eric Crosbie. Montevideo, Uruguay, 24 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [45] Sica Amanda . Interview by Eric Crosbie. Montevideo, Uruguay, 28 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [46] Goja Beatriz . Interview by Eric Crosbie. Montevideo, Uruguay, 22 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [47] Pineiro Diego . Interview by Eric Crosbie. Montevideo, Uruguay, 24 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [48] Esteves Elba . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [52] Rodriguez Adriana . Interview by Eric Crosbie. Montevideo, Uruguay, 27 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [53] Paullier Juan Carlos . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationMujica reportedly acknowledged that Vazquez made some convincing arguments but that he was still concerned about the legal costs of fighting PMI, and was continuing to evaluate the situation.
“Mujica reportedly acknowledged that Vazquez made some convincing arguments but that he was still concerned about the legal costs of fighting PMI, and was continuing to evaluate the situation.”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationOn 23 July 2010, Health Minister Daniel Olesker announced the regulations would be amended by eliminating the single pack presentation rule and reducing the size of health warning labels from 80% to 65%.
“on 23 July 2010 Health Minister Daniel Olesker (2010–2015) announced the regulations would be amended by eliminating the single pack presentation rule and reducing the size of HWLs from 80% to 65%.68”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [68] on An . Cambios a política antitabaco en manos de mujica. El Pais 2010 http://historico.elpais.com.uy/10/07/26/ultmo_504258.asp (accessed 28 Jul 2015).
Not checked in the free run.
May combine two claims.
FindingcitationAbal unsuccessfully sued to block the requirement for the 80% pictorial health warning labels, again arguing the Health Ministry did not have authority to issue the decree.
“Then Abal unsuccessfully sued to block the requirement for the 80% pictorial HWLs, again arguing the Health Ministry did not have authority to issue the decree6162 (table 1).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [6162]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
FindingcitationThe ICSID's Secretary General registered PMI's challenge as within the jurisdiction of the Centre on 26 March 2010.
“The ICSID’s Secretary General registered PMI’s challenge as within the jurisdiction of the Centre on 26 March 2010.67”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [67] World Bank International Centre for Settlement of Investment Disputes. Philip morris brands sàrl, philip morris products S.A. and abal hermanos S.A. v. oriental republic of Uruguay no. ARB 10/7. Washington D.C., United States: Switzerland-Uruguay Bilateral Investment Treaty, 2011. http://www.tobaccocontrollaws.org/files/live/litigation/2512/UY_Philip Morris SÀRL v. Uruguay.pdf. (accessed 14 Nov 2016).
Not checked in the free run.
May combine two claims.
FindingcitationOn 4 October 2010, the Foreign Minister held a press conference to announce the government would fight PMI and accept the financial support provided by Bloomberg through TFK.
“On 4 October 2010, the Foreign Minister held a press conference to announce the government would fight PMI and accept the financial support provided by Bloomberg though TFK.81”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [81] Smink V . Uruguay se prepara su batalla contra philip morris. BBC Mundo 2010 http://www.bbc.com/mundo/noticias/2010/10/101006_uruguay_batalla_tabacalera_cigarros_philip_morris_jrg.shtml (accessed 30 Jul 2015).
Not checked in the free run.
May combine two claims.
FindingcitationPMI sought damages which it later quantified as US$25.7 million, and requested the tribunal order Uruguay to suspend the regulations, an unusual request that was later dropped.
“PMI sought damages which it later quantified as US$25.7 million, and requested the tribunal order Uruguay to suspend the regulations, an unusual request that was later dropped as investor-state disputes usually only award monetary damages.64”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [64] Miller S , Hicks GN . Investor-State dispute settlement: a reality check: center for strategic & international studies. 2015 https://csis-prod.s3.amazonaws.com/s3fs-public/legacy_files/files/publication/150116_Miller_InvestorStateDispute_Web.pdf (accessed 18 Mar 2016).
Not checked in the free run.
May combine two claims.
FindingcitationIn June and July 2010, CIET continued publishing opinion-editorials and participated in media interviews highlighting the industry's interference.
“In June and July 2010, CIET continued publishing opinion-editorials and participated in media interviews highlighting the industry’s interference.53”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [53] Paullier Juan Carlos . Interview by Eric Crosbie. Montevideo, Uruguay, 23 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Findingnone givenPMI argued the regulations expropriated PMI's trademark property rights without compensation, the company was not provided fair and equitable treatment under a stable regulatory environment, and was not dealt with properly by Uruguayan courts.
“PMI argued the regulations expropriated PMI’s trademark property rights without compensation, the company was not provided fair and equitable treatment under a stable regulatory environment, and was not dealt with properly by Uruguayan courts (table 2).”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationThe tribunal noted PMI's total costs were US$16.9 million while Uruguay's total costs were US$10.3 million and ruled PMI had to pay US$7 million of Uruguay's cost and an additional US$1.5 million for all of the fees and expenses of the Tribunal and ICSID's administrative fees and expenses, leaving the government to pay $3.3 million.
“The tribunal noted PMI’s total costs were US$16.9 million while Uruguay’s total costs were US$10.3 million and ruled PMI had to pay US$7 million of Uruguay’s cost and an additional US$1.5 million for ‘all of the fees and expenses of the Tribunal and ICSID’s administrative fees and expenses’,85 leaving the government to pay $3.3 million.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [85] International Centre for Settlement of Investment Disputes. Philip morris brands sarl, philip morris products S.A. and abal hermanos S.A. and oriental republic of uruguay ICSID case no. ARB/10/7 award. Washington D.C., United States, 2016. http://www.italaw.com/sites/default/files/case-documents/italaw7417.pdf (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingcitationOn 15 November 2010, New York City Mayor Michael Bloomberg announced he had offered $500,000 to help defend Uruguay's regulations against the investment challenge and personally called President Mujica to offer his support.
“On 15 November 2010, New York City Mayor Michael Bloomberg announced he had offered $500 000 to help defend Uruguay’s regulations against the investment challenge and personally called President Mujica to offer his support.84”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [84] Wilson D . Bloomberg backs Uruguay’s Anti Smoking Laws. New York Times 2010 http://prescriptions.blogs.nytimes.com/2010/11/15/bloomberg-backs-uruguays-anti-smoking-laws/?_r=0 (accessed 21 Apr 2016).
Not checked in the free run.
May combine two claims.
FindingcitationIn July 2016, ICSID rejected PMI's claims and ruled Uruguay had the sovereign right to protect public health.
“In July 2016, ICSID rejected PMI’s claims and ruled Uruguay had the sovereign right to protect public health.88”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [88] Castaldi M , Esposito A . Philip Morris loses tough-on-tobacco lawsuit in Uruguay. Reuters 2016 http://www.reuters.com/article/us-pmi-uruguay-lawsuit-idUSKCN0ZO2LZ (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingcitationAfter the ICSID Secretary General registered PMI's investment dispute on 26 March 2010, the Uruguayan government and PMI spent a year selecting arbitrators for the tribunal, which was constituted in March 2011.
“After the ICSID Secretary General registered PMI’s investment dispute on 26 March 2010, the Uruguayan government and PMI spent a year selecting arbitrators for the tribunal, which was constituted in March 2011.85”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [85] International Centre for Settlement of Investment Disputes. Philip morris brands sarl, philip morris products S.A. and abal hermanos S.A. and oriental republic of uruguay ICSID case no. ARB/10/7 award. Washington D.C., United States, 2016. http://www.italaw.com/sites/default/files/case-documents/italaw7417.pdf (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingcitationThe WHO held a press conference and announced it would provide scientific evidence supporting the regulations and coordinate briefings related to trade and tobacco control to assist other governments in defending their regulations against legal challenges.
“The WHO held a press conference and announced it would provide scientific evidence supporting the regulations and coordinate briefings related to trade and tobacco control to assist other governments in defending their regulations against legal challenges.44”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [44] Bianco Eduardo . Interview by Eric Crosbie. Montevideo, Uruguay, 22 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingnone givenBloomberg through TFK funded $1.5 million of the $3.3 million legal defence.
“Bloomberg through TFK funded $1.5 million of the $3.3 million legal defence.”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationDuring the COP, international health groups informed governments and generated international media coverage of PMI's attempts to intimidate Uruguay.
“During the COP, international health groups informed governments and generated international media coverage of PMI’s attempts to intimidate Uruguay82 (table 1).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [82] WHO Framework Convention on Tobacco Control. Fourth session of the conference of the parties to the WHO FCTC. Punta Del Este, Uruguay, 2010. http://www.who.int/fctc/cop/sessions/fourth_session_cop/en/ (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingcitationICSID ruled the regulations did not substantially deprive PMI's value of investment, were not arbitrary, reasonable and expected regulations, and handled properly in Uruguayan domestic courts.
“ICSID ruled the regulations did not substantially deprive PMI’s value of investment, were not arbitrary, reasonable and expected regulations, and handled properly in Uruguayan domestic courts85 (table 2).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [85] International Centre for Settlement of Investment Disputes. Philip morris brands sarl, philip morris products S.A. and abal hermanos S.A. and oriental republic of uruguay ICSID case no. ARB/10/7 award. Washington D.C., United States, 2016. http://www.italaw.com/sites/default/files/case-documents/italaw7417.pdf (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingcitationIn September 2011, Uruguay filed a memorandum arguing the tribunal did not have jurisdiction to hear the claim as PMI was required under the treaty to litigate in domestic courts before seeking arbitration, which the arbitrators denied in 2013.
“In September 2011, Uruguay filed a memorandum arguing the tribunal did not have jurisdiction to hear the claim as PMI was required under the treaty to litigate in domestic courts before seeking arbitration,85 which the arbitrators denied in 2013.85”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [85] International Centre for Settlement of Investment Disputes. Philip morris brands sarl, philip morris products S.A. and abal hermanos S.A. and oriental republic of uruguay ICSID case no. ARB/10/7 award. Washington D.C., United States, 2016. http://www.italaw.com/sites/default/files/case-documents/italaw7417.pdf (accessed 10 Jul 2016).
Not checked in the free run.
May combine two claims.
FindingreasoningThe FCTC COP was held in Punta del Este, Uruguay in November 2010, providing further international support to Uruguay.
“The FCTC COP, which had been scheduled 2 years earlier, was held in Punta del Este, Uruguay in November 2010, providing further international support to Uruguay.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationIn March 2015 Bloomberg and Bill Gates launched a $4 million anti-tobacco trade litigation fund to assist countries in drafting legislation to avoid legal challenges and potential trade disputes, and if challenges arise to provide funds for actual litigation defence expenses.
“In particular, in March 2015 Bloomberg and Bill Gates launched a $4 million ‘anti-tobacco trade litigation fund’ to assist countries in drafting legislation ‘to avoid legal challenges and potential trade disputes’, and if challenges arise to provide funds for actual litigation defence expenses.98”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [98] McKay B . Bloomberg, gates launch antitabaco fund. WSJ 2015;18 http://www.wsj.com/articles/bloomberg-gates-launch-antitobacco-fund-1426703947.
Not checked in the free run.
May combine two claims.
FindingcitationFormer President Vazquez and President Mujica addressed the COP, acknowledging the assistance from the transnational tobacco control network and the courage required to defend the regulations.
“Former President Vazquez and President Mujica addressed the COP, acknowledging the assistance from the transnational tobacco control network and the courage required to defend the regulations.2583”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [2583]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
InterpretationreasoningStrong political support, an actively engaged local civil society, and financial and technical support are important factors in overcoming tobacco industry legal threats to defend strong public health regulations.
“To replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society and financial and technical support are important factors in overcoming tobacco industry’s legal threats to defend strong public health regulations.”
- Also stated in: § CONCLUSION · plain
“To replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society, and financial and technical support are important factors in overcoming tobacco industry legal threats to defend strong public health regulations.”
Quote in the paperSubstantial claim- Rests on an assumption: The factors that enabled Uruguay to overcome PMI's legal challenge can be replicated by other countries to defend strong public health regulations.
- Rests on an assumption: Uruguay's success in defending strong tobacco packaging and labelling regulations can be replicated by other countries.
- Also stated in: § CONCLUSION · plain
May combine two claims.
InterpretationreasoningWith strong political support, an actively engaged local civil society and the transnational tobacco control network that provided financial and technical support, Uruguay overcame these legal challenges and defended its regulations, serving as a model for future public health successes.
“With strong political support, an actively engaged local civil society and the transnational tobacco control network that provided financial and technical support, Uruguay overcame these legal challenges and defended its regulations, serving as a model for future public health successes.”
Quote in the paperSubstantial claim- Rests on an assumption: The factors that enabled Uruguay to overcome PMI's legal challenge can be replicated by other countries to defend strong public health regulations.
Probably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductcitationResults were triangulated and thematically analysed through standard process tracing frameworks.
“Results were triangulated and thematically analysed through standard process tracing frameworks.35”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [35] King G , Keohane RO , Verba S . Designing social inquiry: scientific inference in qualitative research. Princeton, New Jersey: Princeton University Press, 1994. source
May combine two claims.
InterpretationcitationPresident Vazquez's support, public support for tobacco control and Uruguay's international commitments to the FCTC were vital to defending the regulations.
“President Vazquez’s support,41 as well as public support for tobacco control and Uruguay’s international commitments to the FCTC42 were vital to defending the regulations.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [41] Muñoz Maria Julia . Interview by Eric Crosbie. Montevideo, Uruguay, 21 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [42] Gianelli Carlos . Interview by Eric Crosbie. Montevideo, Uruguay, 28 July 2015.
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationAfter tobacco companies paid the fees for the Ukraine government to challenge Australia's plain packaging policy, health advocates convinced the new government to withdraw the claim because Ukraine had no tobacco trade with Australia.
“after tobacco companies paid the fees for the Ukraine government to challenge Australia’s plain packaging policy, health advocates convinced the new government to withdraw the claim because Ukraine had no tobacco trade with Australia.109”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [109] Miles T . Ukraine drops WTO action against australian tobacco-packaging laws. Reuters 2015 http://www.reuters.com/article/wto-tobacco-idUSL5N0YP3S420150603 (accessed 25 May 2016).
Not checked in the free run.
May combine two claims.
InterpretationreasoningThe Uruguayan case illustrates how strong political support, an actively engaged local civil society, and international financial and technical support are important factors in overcoming tobacco industry legal threats to defend public health policies.
“The Uruguayan case illustrates how strong political support, an actively engaged local civil society, and international financial and technical support are important factors in overcoming tobacco industry legal threats to defend public health policies.8990”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [8990]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Rests on an assumption: The factors that enabled Uruguay to overcome PMI's legal challenge can be replicated by other countries to defend strong public health regulations.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenUruguay's historic legal victory should provide legal clarity for other countries interested in implementing similar tobacco packaging and labelling regulations.
“Uruguay’s historic legal victory should provide legal clarity for other countries interested in implementing similar tobacco packaging and labelling regulations.”
Quote in the paperNot a substantial claim- Rests on an assumption: Uruguay's success in defending strong tobacco packaging and labelling regulations can be replicated by other countries.
May combine two claims.
PremisecitationThe Australian, UK and Indian High Courts upheld strong packaging and labelling policies, concluding similarly to the 2016 ICSID Uruguay ruling, that the registration of tobacco company trademarks did not prevent governments from restricting their use and imposing such restrictions was not expropriating their intellectual property rights.
“In particular, the Australian,100 UK101 and Indian102 High Courts upheld strong packaging and labelling policies, concluding similarly to the 2016 ICSID Uruguay ruling, that the registration of tobacco company trademarks did not prevent governments from restricting their use and imposing such restrictions was not expropriating their intellectual property rights.”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites [100] High Court of Australia. Japan international SA and british american tobacco australiasia v. the commonwealth of Australia. Canberra, Australia, 2011. http://www.tobaccocontrollaws.org/litigation/decisions/au-20121005-jt-intl.-and-bat-australasia-l (accessed 25 May 2016).
Not checked in the free run.
- cites [101] High Court of the United Kingdom. British american tobacco, Philip Morris, japan international SA, and imperial tobacco v. the commonwealth of Australia. London, England, 2016. https://www.judiciary.gov.uk/judgments/british-american-tobacco-others-v-department-of-health/ (accessed 25 May 2016).
Not checked in the free run.
- cites [102] Rana P . Inda’s Supreme Court Orders Tobacco Companies to Comply With Health Warning Rules. WSJ 2016;4. Available at http://www.wsj.com/articles/indias-supreme-court-orders-tobacco-companies-to-comply-with-health-warning-rules-1462366934.
Not checked in the free run.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Study design and conductown dataTop government officials in the president's office and the Ministry of Foreign Affairs declined requests to be interviewed for this study, limiting the complete understanding of how the Mujica administration responded to tobacco industry legal threats.
“Top government officials in the president’s office and the Ministry of Foreign Affairs declined requests to be interviewed for this study, limiting the complete understanding of how the Mujica administration responded to tobacco industry legal threats.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
InterpretationreasoningInternational organisations have focused more attention and resources towards this growing concern, especially in low and middle-income countries.
“As a result, international organisations have focused more attention and resources towards this growing concern, especially in low and middle-income countries.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationThe EU Court of Justice upheld the EU Tobacco Products Directive that grants the authority for each EU member to implement plain packaging and an arbitration tribunal dismissed as an abuse of rights a bilateral investment treaty challenge filed by PMI against Australia's plain packaging law on jurisdictional grounds.
“The EU Court of Justice also upheld the EU Tobacco Products Directive103 that grants the authority for each EU member to implement plain packaging104 and an arbitration tribunal dismissed as an ‘abuse of rights’ a BIT investment challenge filed by PMI against Australia’s plain packaging law on jurisdictional grounds.105”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites [103] Jolly D . European court of justice upholds strict rules on tobacco. New York Times 2016 http://www.nytimes.com/2016/05/05/business/eus-highest-court-upholds-strict-smoking-rules.html (accessed 25 May 2016).
Not checked in the free run.
- cites [104] European Parliament, Council of Ministers. Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the member states concerning the manufacture, presentation and sale of tobacco and related products repealing directive 2001/37/EC. Brussels, Belgium, 2014. https://ec.europa.eu/health/sites/health/files/tobacco/docs/dir_201440_en.pdf (accessed 21 Oct 2016).
Not checked in the free run.
- cites [105] United Nations Commission on International Trade Law. Philip Morris international limited v. commonwealth of Australia (Procedural order no.8.Geneva, Switzerland: 1993 Australia-Hong bilateral investment treaty, 2014. http://www.tobaccocontrollaws.org/litigation/decisions/au-20140414-philip-morris-asia-limited-v.- (accessed 12 Jul 2016).
Not checked in the free run.
Classified as probably not a substantial claim.
InterpretationcitationWhile there is no binding precedent in international arbitration law, the broader value of each award can contribute to the development and understanding of investment treaty law vis-a-vis tobacco control.
“While there is no binding precedent in international arbitration law, the broader value of each award can contribute to the development and understanding of investment treaty law vis-a-vis tobacco control.106”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [106] Commission, 2007, Precedent in investment treaty arbitration: a citation analysis of a developing jurisprudence, J Int’l Arb source
Probably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductnone givenTo protect attorney-client privileges policy-makers in the Health Ministry and Foreign Affairs Ministry could not discuss legal advice given to the President surrounding the PMI investment challenge against Uruguay.
“To protect attorney-client privileges policy-makers in the Health Ministry and Foreign Affairs Ministry could not discuss legal advice given to the President surrounding the PMI investment challenge against Uruguay.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningPresident Vazquez's leadership and prioritising tobacco control helped alter the culture of tobacco control in Uruguay, demonstrating the importance of political champions in advancing tobacco control measures.
“President Vazquez’s leadership and prioritising tobacco control helped alter the culture of tobacco control in Uruguay, demonstrating the importance of political champions in advancing tobacco control measures.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
InterpretationreasoningBy highlighting the importance of the FCTC in justifying evidence-based tobacco control measures, ICSID's ruling should assist other countries, including New Zealand, Canada, Norway, South Africa, Malaysia, Turkey, India, Panama, Brazil, Ecuador and Chile, which, as of February 2017, were implementing or had announced plans to introduce similar tobacco packaging and labelling regulations.
“By highlighting the importance of the FCTC in justifying evidence-based tobacco control measures, ICSID’s ruling should assist other countries, including New Zealand, Canada, Norway, South Africa, Malaysia, Turkey, India, Panama, Brazil, Ecuador and Chile, which, as of February 2017, were implementing or had announced plans to introduce similar tobacco packaging and labelling regulations.107108”
Quote in the paperSubstantial claim0 of 1 sources checked- cites 107108
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Rests on an assumption: The factors that enabled Uruguay to overcome PMI's legal challenge can be replicated by other countries to defend strong public health regulations.
May combine two claims.
InterpretationreasoningEven though international health organisations could have responded sooner to the government's legal concerns, organisations such as TFK, WHO, and PAHO have become more knowledgeable about trade and investment issues.
“Even though international health organisations could have responded sooner to the government’s legal concerns, organisations such as TFK, WHO, and PAHO have become more knowledgeable about trade and investment issues.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.
InterpretationreasoningBloomberg's financial contributions highlight that trade and investment disputes create substantial burdens for small and financially vulnerable countries, which can be strong incentives for governments to settle these lawsuits.
“Bloomberg’s financial contributions highlight that trade and investment disputes create substantial burdens for small and financially vulnerable countries, which can be strong incentives for governments to settle these lawsuits.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningThe Vazquez and Mujica administrations demonstrated strong political commitments to tobacco control and ensuring the regulations were protected.
“The Vazquez and Mujica administrations demonstrated strong political commitments to tobacco control and ensuring the regulations were protected.”
Quote in the paperSubstantial claim
The paper relies on this without support.
The factors that enabled Uruguay to overcome PMI's legal challenge can be replicated by other countries to defend strong public health regulations.
“To replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society and financial and technical support are important factors in overcoming tobacco industry’s legal threats to defend strong public health regulations.”
The paper relies on this without support.
Uruguay's success in defending strong tobacco packaging and labelling regulations can be replicated by other countries.
“To replicate Uruguay’s success, other countries need to recognise that strong political support, an actively engaged local civil society, and financial and technical support are important factors in overcoming tobacco industry legal threats to defend strong public health regulations.”
“Uruguay’s historic legal victory should provide legal clarity for other countries interested in implementing similar tobacco packaging and labelling regulations.”
Claims other papers make about this one
Each is checked against this paper’s own text: does it say what the citing paper says it does?
The activities advocates engage in to counter tobacco industry interference are aligned with those outlined in the literature on countering tobacco industry interference in LMICs, HICs and supranational settings, and directly address some of the main tobacco industry interference tactics, most notably producing and disseminating information, seeking direct access to policymakers and using front g
“The activities are aligned with those outlined in the literature on countering TII in LMICs,16–19 27–30 HICs31 32 and supranational settings,33 and directly addressing some of the main TII tactics, most notably, producing and disseminating information, seeking direct access to policymakers and using front groups and third parties.9 13–15 34”
From Needs of LMIC-based tobacco control advocates to counter tobacco industry policy interference: insights from semi-structured interviews (2020) · cites this paper as [17]
Split into 2 atoms — 1 confirmed, 1 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.
Experimental — accuracy not yet measuredFew articles focus on countering interference and the role of advocates in this.
“Few articles16–19 focus on countering interference and the role of advocates in this.”
From Needs of LMIC-based tobacco control advocates to counter tobacco industry policy interference: insights from semi-structured interviews (2020) · cites this paper as [17]
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
Mujica's inauguration date conflicts with the arbitration timeline
MinorThe abstract says President Mujica took office on 1 March 2010, but the Results say 1 March was a week before he took office.
“President Mujica, took office on 1 March 2010”
“On 1 March 2010, while the domestic legal challenges were pending and a week before new President Mujica took office”
Cites
Introduction: epistemic communities and international policy coordination
Haas, P. M. (1992) · International Organization · doi:10.1017/s0020818300001442 · Cited by 7,603 · see citing works
Designing Social Inquiry: Scientific Inference in Qualitative Research
King, G., Keohane, R. O., & Verba, S. (1994) · Princeton University Press · doi:10.1515/9781400821211 · Cited by 7,225 · see citing works
Shibuya, K., Ciecierski, C. C., Guindon, G. E., Bettcher, D. W., EVANS, D. B., & Murray, C. J. L. (2003) · BMJ · doi:10.1136/bmj.327.7407.154 · Cited by 1,239 · see citing works
WHO Framework Convention on Tobacco Control
Division, C. D. (2005) · Cited by 589 · see citing works
Exposing and addressing tobacco industry conduct in low-income and middle-income countries
Gilmore, A. B., Fooks, G., Drope, J., Bialous, S. A., & Jackson, R. R. (2015) · The Lancet · doi:10.1016/s0140-6736(15)60312-9 · Cited by 372 · see citing works
Tobacco industry documents: treasure trove or quagmire?
Malone, R. E. (2000) · Tobacco Control · doi:10.1136/tc.9.3.334 · Cited by 304 · see citing works
Regulatory chill and the threat of arbitration: A view from political science
Tienhaara, K. (2011) · Evolution in Investment Treaty Law and Arbitration · doi:10.1017/cbo9781139043809.034 · Cited by 255 · see citing works
Pinkas, J., Szymański, J., Poznański, D., & Wierzba, W. (2016) · PubMed · Cited by 159 · see citing works
Evolution in Investment Treaty Law and Arbitration
Tienhaara, K. (2011) · Cambridge University Press eBooks · doi:10.1017/cbo9781139043809 · Cited by 147 · see citing works
Globalization, Governmentality and Global Politics
Lipschutz, R. D., & Rowe, J. K. (2006) · Routledge eBooks · doi:10.4324/9780203799260 · Cited by 133 · see citing works
Hiilamo, H., Crosbie, E., & Glantz, S. A. (2012) · Tobacco Control · doi:10.1136/tobaccocontrol-2012-050541 · Cited by 133 · see citing works
Self-citationStockwell, M. S., Westhoff, C., Kharbanda, E. O., Vargas, C. Y., Camargo, S., Vawdrey, D. K., & Castaño, P. M. (2014) · American Journal of Public Health · doi:10.2105/ajph.2013.301620 · Cited by 131 · see citing works
Tobacco control, global health policy and development: towards policy coherence in global governance
Collin, J. (2012) · Tobacco Control · doi:10.1136/tobaccocontrol-2011-050418 · Cited by 103 · see citing works
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
Herrmann, G. (1983) · Elsevier eBooks · doi:10.1016/b978-0-444-86236-5.50084-5 · Cited by 102 · see citing works
International Centre For Settlement Of Investment Disputes
Schreuer, C. H. (2010) · Brill | Nijhoff eBooks · doi:10.1163/ej.9789004163300.i-1081.89 · Cited by 78 · see citing works
Borland, R., Fong, G. T., Yong, H.-H., Cummings, K. M., Hammond, D., King, B., Siahpush, M., McNeill, A., Hastings, G., O’Connor, R. J., et al. (2008) · Tobacco Control · doi:10.1136/tc.2007.023812 · Cited by 72 · see citing works
International trade agreements: a threat to tobacco control policy
Shaffer, E. R., Brenner, J. E., & Houston, T. P. (2005) · Tobacco Control · doi:10.1136/tc.2004.007930 · Cited by 70 · see citing works
Influencing Policy Transnationally: Pro‐and Anti‐Tobacco Global Advocacy Networks
Farquharson, K. (2003) · Australian Journal of Public Administration · doi:10.1111/j..2003.00351.x · Cited by 68 · see citing works
Crosbie, E., & Glantz, S. A. (2014) · Tobacco Control · doi:10.1136/tobaccocontrol-2012-050569 · Cited by 64 · see citing works
Self-citationYong, H., Borland, R., Cummings, K. M., Hammond, D., O'Connor, R. J., Hastings, G., & King, B. (2011) · Addiction · doi:10.1111/j.1360-0443.2011.03533.x · Cited by 62 · see citing works
Strong advocacy led to successful implementation of smokefree Mexico City
Crosbie, E., Sebrié, E. M., & Glantz, S. A. (2011) · Tobacco Control · doi:10.1136/tc.2010.037010 · Cited by 62 · see citing works
Self-citationHas the tobacco industry evaded the FDA's ban on ‘Light’ cigarette descriptors?
Connolly, G. N., & Alpert, H. R. (2014) · Tobacco Control · doi:10.1136/tobaccocontrol-2012-050746 · Cited by 61 · see citing works
Hiilamo, H., & Glantz, S. A. (2015) · Social Science & Medicine · doi:10.1016/j.socscimed.2014.11.054 · Cited by 58 · see citing works
Self-citationThe Nature, Scope, and Development of the Global Tobacco Control Epistemic Community
Mamudu, H. M., Gonzalez, M., & Glantz, S. (2011) · American Journal of Public Health · doi:10.2105/ajph.2011.300303 · Cited by 54 · see citing works
Self-citationLencucha, R., Drope, J., & Chavez, J. J. (2015) · Health Policy and Planning · doi:10.1093/heapol/czu085 · Cited by 54 · see citing works
FCTC followed by accelerated implementation of tobacco advertising bans
Hiilamo, H., & Glantz, S. (2017) · Tobacco Control · doi:10.1136/tobaccocontrol-2016-053007 · Cited by 53 · see citing works
Self-citationUang, R., Crosbie, E., & Glantz, S. A. (2018) · Global Public Health · doi:10.1080/17441692.2017.1357188 · Cited by 51 · see citing works
Self-citationCharoenca, N., Mock, J., Kungskulniti, N., Preechawong, S., Kojetin, N., & Hamann, S. L. (2012) · International Journal of Environmental Research and Public Health · doi:10.3390/ijerph9041111 · Cited by 50 · see citing works
Uang, R., Hiilamo, H., & Glantz, S. A. (2016) · American Journal of Public Health · doi:10.2105/ajph.2015.302872 · Cited by 47 · see citing works
Self-citationCrosbie, E., Sosa, P., & Glantz, S. A. (2017) · Tobacco Control · doi:10.1136/tobaccocontrol-2015-052701 · Cited by 47 · see citing works
Self-citation(2012) · PubMed · Cited by 44 · see citing works
Nixon, M. L. B., Mahmoud, L., & Glantz, S. A. (2004) · Tobacco Control · doi:10.1136/tc.2003.004176 · Cited by 42 · see citing works
Self-citationTobacco industry litigation strategies to oppose tobacco control media campaigns
Ibrahim, J. K., & Glantz, S. A. (2006) · Tobacco Control · doi:10.1136/tc.2005.014142 · Cited by 42 · see citing works
Self-citationTobacco industry response to menthol cigarette bans in Alberta and Nova Scotia, Canada
Brown, J., DeAtley, T., Welding, K., Schwartz, R., Chaiton, M., Lawrence Kittner, D., & Cohen, J. E. (2017) · Tobacco Control · doi:10.1136/tobaccocontrol-2016-053099 · Cited by 42 · see citing works
Gneiting, U. (2016) · Health Policy and Planning · doi:10.1093/heapol/czv001 · Cited by 41 · see citing works
International trade versus public health during the FCTC negotiations, 1999-2003
Mamudu, H. M., Hammond, R., & Glantz, S. A. (2011) · Tobacco Control · doi:10.1136/tc.2009.035352 · Cited by 40 · see citing works
Self-citationSanders-Jackson, A. N., Song, A. V., Hiilamo, H., & Glantz, S. A. (2013) · American Journal of Public Health · doi:10.2105/ajph.2013.301324 · Cited by 37 · see citing works
Self-citationThe role of organized civil society in tobacco control in Latin America and the Caribbean
Champagne, B. M., Sebrié, E., & Schoj, V. (2010) · Salud Pública de México · doi:10.1590/s0036-36342010000800031 · Cited by 33 · see citing works
Mackey, T. K., Liang, B. A., & Novotny, T. E. (2013) · American Journal of Public Health · doi:10.2105/ajph.2012.301029 · Cited by 29 · see citing works
Crosbie, E., Sosa, P., & Glantz, S. A. (2016) · Salud Pública de México · doi:10.21149/spm.v58i1.7669 · Cited by 28 · see citing works
Self-citationSmokefree Policies in Latin America and the Caribbean: Making Progress
Sebrié, E. M., Schoj, V., Travers, M. J., McGaw, B., & Glantz, S. A. (2012) · International Journal of Environmental Research and Public Health · doi:10.3390/ijerph9051954 · Cited by 26 · see citing works
Self-citationSebrié, E. M., Sandoya, E., Bianco, E., Hyland, A. J., Cummings, K. M., & Glantz, S. A. (2013) · Tobacco Control · doi:10.1136/tobaccocontrol-2012-050954 · Cited by 25 · see citing works
Self-citationHealth Preemption Behind Closed Doors: Trade Agreements and Fast-Track Authority
Crosbie, E., Gonzalez, M., & Glantz, S. (2014) · American Journal of Public Health · doi:10.2105/ajph.2014.302014 · Cited by 23 · see citing works
Self-citationRussell, A., Wainwright, M., & Mamudu, H. (2015) · Medical Anthropology Quarterly · doi:10.1111/maq.12141 · Cited by 22 · see citing works
Implications of Ongoing Trade and Investment Disputes Concerning Tobacco: Philip Morris v Uruguay
McGrady, B. (2012) · Public Health and Plain Packaging of Cigarettes · doi:10.4337/9781781952177.00012 · Cited by 20 · see citing works
MacKenzie, R., & Collin, J. (2012) · Global Social Policy · doi:10.1177/1468018112443686 · Cited by 20 · see citing works
Hiilamo, H., & Glantz, S. A. (2013) · Tobacco Control · doi:10.1136/tobaccocontrol-2011-050149 · Cited by 15 · see citing works
Self-citationWhen trade law meets public health evidence: the World Trade Organization and clove cigarettes
Jarman, H., Schmidt, J., & Rubin, D. B. (2012) · Tobacco Control · doi:10.1136/tobaccocontrol-2011-050376 · Cited by 15 · see citing works
Tribunal de lo Contencioso Administrativo
Urrea, V. R. (1948) · Estudios de derecho · Cited by 5 · see citing works
Global Regime on Tobacco Control?: The Role of Transnational Advocacy Networks
Mukherjee, A. (2017) · Journal of Management Policy and Practice · Cited by 2 · see citing works
Flagged first, then by citations
Research works printed but not linked: 2
- WHO Framework Convention on Tobacco Control. Fourth session of the conference of the parties to the WHO FCTC. Punta Del Este, Uruguay, 2010. http://www.who.int/fctc/cop/sessions/fourth_session_cop/en/ (accessed 10 Jul 2016).
- Commission, 2007, Precedent in investment treaty arbitration: a citation analysis of a developing jurisprudence, J Int’l Arb, 24, 129
Cited by
Sorted by citations
Moodie, R., Bennett, E., Kwong, E. J. L., Santos, T. M., Pratiwi, L., Williams, J., & Baker, P. (2021) · International Journal of Health Policy and Management · doi:10.34172/ijhpm.2021.45 · Cited by 130 · see citing works
Crosbie, E., Thomson, G., Freeman, B., & Bialous, S. (2018) · Global Public Health · doi:10.1080/17441692.2018.1443485 · Cited by 46 · see citing works
Self-citationMatthes, B. K., Robertson, L., & Gilmore, A. B. (2020) · BMJ Open · doi:10.1136/bmjopen-2020-044710 · Cited by 32 · see citing works
Egbe, C. O., Bialous, S. A., & Glantz, S. (2019) · Tobacco Control · doi:10.1136/tobaccocontrol-2018-054344 · Cited by 31 · see citing works
Self-citation
- Authors
- Crosbie, E., Sosa, P., & Glantz, S. A.
- Affiliations
- University of California, San Francisco (US)
- Corresponding author
- Glantz, Stanton A
- Venue
- Tobacco control
- Publisher
- BMJ
- Published
- 2017-03-23
- Volume
- 27
- Issue
- 2
- Pages
- 185-194
- ISSN
- 0964-4563 (ISSN-L)
- 1468-3318
- PMC
- PMC5610601
- OpenAlex
- W2603014789
- Semantic Scholar
- bef2a72fd6079a8dc8667dd1c8d3c0e191f82ec1
- Cited by
- 96
- References
- 50
- Citations by year
- 2026: 5 · 2025: 9 · 2024: 5 · 2023: 10 · 2022: 13 · 2021: 19 · 2020: 14 · 2019: 7 · 2018: 8 · 2017: 5 · 2013: 1
- FWCI
- 16.77
- Type
- journal article
- Language
- en
- Open access
- green
- www.ncbi.nlm.nih.gov
- Locations
- Tobacco Control (publishedVersion)
- PubMed (publishedVersion)
- Europe PMC (PubMed Central) (acceptedVersion)
- PubMed Central (acceptedVersion)
- eScholarship (California Digital Library) (submittedVersion)
- HighWire Press Open Archive (submittedVersion)
- Funders
- Tobacco Related Disease Research Program
- National Cancer Institute
- Topics
- Social Sciences › Business, Management and Accounting › Organizational Behavior and Human Resource Management › Global Public Health Policies and Epidemiology
- Health Sciences › Medicine › Physiology › Smoking Behavior and Cessation
- Social Sciences › Law › Intellectual Property Law
- Keywords
- Philip Morris International, investment arbitration, tobacco control, civil society advocacy, tobacco litigation, Uruguay
- MeSH terms
- Lobbying, Product Labeling, Uruguay, Product Packaging, Tobacco Industry, Government Regulation, Tobacco Products
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-30.
Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-30.
Cited sources are checked by gpt-6-sol.
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
Are you an author, or do you see a problem with this page? Request a review