New Fund Will Help Countries Fight Legal Challenges to Their Smoking Laws

A new fund to help low- and middle-income countries fight legal challenges to their smoking laws by the tobacco industry has been created by Bloomberg Philanthropies and the Bill & Melinda Gates Foundation.

The Anti-Tobacco Trade Litigation Fund will combat the tobacco industry’s use of international trade agreements to prevent countries from passing strong tobacco control laws, The New York Times reports.

The Campaign for Tobacco-Free Kids will administer the new fund.

The two charities have pledged $4 million so far. That amount is expected to grow as more donors join, according to Bloomberg Philanthropies founder Michael Bloomberg. “The fact that there is a fund dedicated to taking on the tobacco companies in court sends a message that they are not going to get a free ride,” Mr. Bloomberg said. “If they say that’s not a lot of money — yes, well, take a look at who’s behind it. We just picked $4 million just to say, ‘O.K., here, let’s start it.’”

The fund will also help countries draft tobacco-control legislation that will avoid legal challenges and potential trade disputes, and create a network of lawyers who are experienced in trade litigation to support countries.

Tobacco companies have challenged smoking laws in development or after they have passed, by warning governments the laws violate trade and investment treatments. They say the countries would have to engage in long, expensive legal battles over the laws.

At least four countries in Africa — Namibia, Gabon, Togo and Uganda — have been warned their smoking laws violate international treaties, the article notes. Bloomberg Philanthropies is helping Uruguay fight a legal challenge by Philip Morris International against the country’s graphic health warnings on tobacco products.

Norway and Australia are also involved in tobacco-related court cases. Australia’s case involves a national law that requires cigarette packs to be sold in drab colors with graphic health warnings.