Cited by 96Global Public Health Policies and EpidemiologySmoking Behavior and CessationIntellectual Property Law

Defending strong tobacco packaging and labelling regulations in Uruguay: transnational tobacco control network versus Philip Morris International

Open access
Crosbie, Eric, Sosa, Particia, Glantz, Stanton A·2018·Tobacco control

Abstract

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

Crossref · 10.1136/tobaccocontrol-2017-053690

Cites

50 of 50 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

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
    • cites [1] Mamudu HM , Hammond R , Glantz SA . International trade versus public health during the FCTC negotiations, 1999-2003. Tob Control 2011;20:e3.doi:10.1136/tc.2009.035352 source
    • cites [2] source
    • cites [3] source
    • cites [4] source
  • 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
  • May combine two claims. 61
  • Classified as probably not a substantial claim. 16
  • May combine two claims.

    Findingcitation

    The 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.

    Premisecitation

    The 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.

    Premisecitation

    Tobacco 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.

    Premisecitation

    The 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 checked
    • cites [1] Mamudu HM , Hammond R , Glantz SA . International trade versus public health during the FCTC negotiations, 1999-2003. Tob Control 2011;20:e3.doi:10.1136/tc.2009.035352 source
    • cites [25] source
  • May combine two claims.

    Interpretationcitation

    Similar 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 checked
    • cites [17] source
    • cites [57] source

      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 measured
    • cites [92] source
    • cites [93] source
  • May combine two claims.

    Interpretationcitation

    The 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.

    Interpretationreasoning

    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, 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.

    Interpretationcitation

    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 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
  • May combine two claims.

    Interpretationcitation

    Advocacy 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.

    Findingcitation

    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.

    “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.

    Findingreasoning

    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.

    “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 claim
  • May combine two claims.

    Findingnone given

    In 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 claim
  • May combine two claims.

    Findingcitation

    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.

    “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.

    Findingcitation

    Health 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.

    Findingcitation

    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'.

    “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.

    Findingcitation

    In 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 given

    In 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 claim
  • May combine two claims.

    Findingcitation

    In 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.

    Findingcitation

    Between 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.

    Findingcitation

    TFK 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.

    Findingcitation

    Supported 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.

    Findingcitation

    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.

    “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.

    Findingcitation

    In 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 claim
  • May combine two claims.

    Findingcitation

    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.

    “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.

    Findingcitation

    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.

    “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.

    Findingcitation

    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 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.

    Findingcitation

    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.

    “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 data

    Abal 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 claim
  • May combine two claims.

    Findingnone given

    PMI 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 claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Findingcitation

    Luis 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.

    Findingcitation

    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 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.

    Findingcitation

    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.

    “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 claim
  • May combine two claims.

    Findingcitation

    On 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.

    Findingcitation

    Abal 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).

    Findingcitation

    The 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.

    Findingcitation

    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 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.

    Findingcitation

    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.

    “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.

    Findingcitation

    In 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 given

    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.

    “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 claim
  • May combine two claims.

    Findingcitation

    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, 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.

    Findingcitation

    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.

    “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.

    Findingcitation

    In 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.

    Findingcitation

    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.

    “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.

    Findingcitation

    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.

    “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 given

    Bloomberg 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 claim
  • May combine two claims.

    Findingcitation

    During 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.

    Findingcitation

    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 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.

    Findingcitation

    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, 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.

    Findingreasoning

    The 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 claim
  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Findingcitation

    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.

    “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.

    Findingcitation

    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.

    “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.

    Interpretationreasoning

    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.

    “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.
  • May combine two claims.

    Interpretationreasoning

    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.

    “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 conductcitation

    Results 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.

    Interpretationcitation

    President 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.

    Premisecitation

    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.

    “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.

    Interpretationreasoning

    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.

    “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 given

    Uruguay'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.

    Premisecitation

    The 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 data

    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.

    “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 claim
  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Interpretationreasoning

    International 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 claim
  • May combine two claims.

    Premisecitation

    The 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.

    Interpretationcitation

    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.

    “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 given

    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.

    “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 claim
  • May combine two claims.

    Interpretationreasoning

    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.

    “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 claim
  • Classified as probably not a substantial claim.

    Interpretationreasoning

    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.

    “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.

    Interpretationreasoning

    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.

    “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 claim
  • Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

    Interpretationreasoning

    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.

    “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 claim
  • May combine two claims.

    Interpretationreasoning

    The 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
69 of 69
  • 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.”
2 of 2

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 measured
  • Few 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.”

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

    Minor

    The abstract says President Mujica took office on 1 March 2010, but the Results say 1 March was a week before he took office.

1 of 1

Cites

Flagged first, then by citations

Research works printed but not linked: 2

  1. 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).
  2. Commission, 2007, Precedent in investment treaty arbitration: a citation analysis of a developing jurisprudence, J Int’l Arb, 24, 129

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
OpenAlex
W2603014789
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
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