Regulating Tobacco, Alcohol and Unhealthy Foods ― The Legal Issues

"Increasingly the issue of reducing premature deaths from non-communicable diseases (NCDs) is one which is engaging international organizations and in 2012 World Health Organization Member States agreed on a global monitoring framework for NCDs, comprising nine voluntary targets including targets relating to harmful use of alcohol, tobacco and obesity and 25 indicators. At the same time commercial industries affected by NCD risk factor regulation are increasingly challenging that regulation in domestic and international legal fora, including in constitutional courts, the World Trade Organization, and before investment arbitration tribunals. Clarifying how NCD prevention may be accommodated within these different legal systems is fundamental to the long term success of both public health regulation and the legal systems themselves"--

Tania Voon is Professor and Associate Dean (Research) at Melbourne Law School. She is a former Legal Officer of the WTO Appellate Body Secretariat and has previously practised law with Mallesons Stephen Jaques and the Australian Government Solicitor.

Andrew Mitchell is Professor at Melbourne Law School, having joined the faculty in 2006. In 2007, following a nomination by the Australian government, the WTO’s Dispute Settlement Body added him to the Indicative List of Governmental and Non-Governmental Panelists to hear WTO disputes.

Jonathan Liberman is Director of the McCabe Centre for Law and Cancer, a joint initiative of the Cancer Council Victoria and the Union for International Cancer Control (‘UICC’), engaged in research, policy development and advocacy on the role of law in the prevention and treatment of cancer. Jonathan has over a decade of experience in legal and policy research, advice and advocacy on issues relating to cancer prevention and treatment at both domestic and global levels.