Originally from European International Arbitration Review (EIAR)

I. Introduction

In recent years, many host States have been confronted with the issue of tobacco regulation and the need to institute measures to reduce or eliminate smoking. These measures may take many forms, but the current trend is towards stricter regulation of tobacco packaging, which is intended to curtail tobacco sales promoted by means of flashy packaging or advertising. Uruguay and Australia are two of the first host States to institute stricter tobacco packaging regulations, with Australia going so far as to implement “plain packaging” regulations that eliminate branding on tobacco labels entirely. Europe, in particular, is also heading towards a revised Tobacco Products Directive that will strengthen tobacco packaging regulations, calling for stricter regulation of cigarette packaging and warning labels, and opening up the option for EU Member States to institute plain packaging regulations such as those being implemented by Australia.