Introduction to the FCTC and history of trade and tobacco

The tobacco industry has a long history of using trade agreements to advance its goals. In the 1980s and 90s, the U.S., on the industry's behalf, used trade law to force open foreign markets to multinational tobacco products and marketing. In the last decade, the industry, by itself and through government proxies, has attempted to block or impede strong tobacco control regulations through a web of trade and investment agreements. Trade was a hot topic during negotiations of the WHO Framework Convention on Tobacco Control. Several governments, led by the U.S. but including Japan, Germany and other tobacco exporting countries, attempted to insert language explicitly placing trade concerns above public health, while many negotiators from the global south pushed for the opposite approach. In the end, legal trade (i.e., not illicit trade) was not mentioned in the FCTC, leaving interpretation of a legal clash between trade and FCTC obligations unclear. This presentation will trace the history of the tobacco and trade law through the lens of the FCTC and its subsequent Guidelines, with a focus on industry attempts to influence the negotiation process and its continuing efforts to ensure that its profits take precedence over governments' ability to regulate for public health.