News and updates

Australia has been delivered its third resounding legal victory in the defence of its tobacco plain packaging laws with release of the World Trade Organization (WTO) Panel Report overnight (Thursday, 28 June in Geneva). The Panel Report finds in favour of Australia, dismissing claims brought by Cuba, Dominican Republic, Honduras and Indonesia. Read more >: Australia delivered third resounding legal victory in plain packaging laws

This World Cancer Day, we are excited to launch the McCabe Centre for Law and Cancer’s new Strategic Plan for 2018-2022. Read more >: McCabe Centre for Law and Cancer: New Strategic Plan 2018-2022

On 15 November 2017, the UK Supreme Court dismissed an appeal brought by the Scotch Whisky Association and two Belgian organisations, spiritsEUROPE and Comité Européen des Entreprises Vins (‘CEEV’) against Scottish legislation introducing a minimum unit price for alcohol. Clare Slattery looks at the challenge. Read more >: Setting a price floor for alcohol: a look at the introduction of minimum unit pricing for alcohol in Scotland and the legal challenge to the measure

This blog is based on a paper that Dr Deborah Lawson presented at the International Conference on End of Life Law, Ethics, Policy and Practice in Nova Scotia, Canada, 13-15 September 2017. The paper considers whether medical involvement should be required in advance care directive completion, with a particular focus on whether there are relevant differences between advance refusal and advance consent. Read more >: Advance care directive completion and the conundrum of advance consent

I was extremely surprised to learn that Derek Yach had cited a paper of mine in his recent Lancet piece, Foundation for a smoke-free world, about his new Philip Morris-funded foundation. I do not agree with Yach’s assertion and will hope to have his inaccurate reference to my article removed from his Lancet paper. Read more >: Comment on Derek Yach’s Lancet article Foundation for a smoke-free world

As the case of a health blogger who fraudulently profited from a fabricated account of beating cancer concludes, there is hope that new legislation in Victoria will put an end to dodgy cancer cure claims. Read more >: Abuse of trust: the case of Belle Gibson and fake cancer cures

On 13 July 2017, the tribunal constituted to hear Philip Morris Asia Ltd’s (PMA) investment treaty challenge against Australia’s tobacco plain packaging laws ordered PMA to reimburse Australia for costs involved in defending the case. Read more >: Philip Morris ordered to pay Australia for costs of defending tobacco plain packaging investment challenge

On 17 February 2017, the Court of Appeal of Kenya at Nairobi upheld the High Court of Kenya’s dismissal of a legal challenge brought by British American Tobacco (BAT) to the Tobacco Control Regulations (2014), made under the Tobacco Control Act (2007). Read more >: Court of Appeal of Kenya rejects BAT challenge to Tobacco Control Regulations

As a growing number of countries implement or announce plans to introduce an SSB tax, we draw four key lessons from legal challenges to tobacco control measures that will assist countries to design effective and robust SSB tax measures and counter food & beverage industry opposition. Read more >: Not so sweet refrain: Sugar-sweetened beverages taxes, industry opposition and four key lessons learned from tobacco control legal challenges

This Saturday, World Cancer Day, the McCabe Centre for Law and Cancer turns 5. It’s been an amazing 5 years for us. Read more >: McCabe Centre for Law and Cancer celebrates 5 years

On 30 November 2016, the Court of Appeal of England and Wales upheld the High Court of Justice of England and Wales’s judgment on the United Kingdom’s standardised (plain) tobacco packaging, dismissing an appeal brought by three tobacco companies and four tipping paper manufacturers. Read more >: Court of Appeal upholds UK plain packaging judgment

On 8 July 2016, the arbitral tribunal constituted to hear Philip Morris’ challenge to Uruguay’s tobacco packaging and labelling measures under a 1988 bilateral investment treaty between Switzerland and Uruguay handed down its Award, dismissing all of Philip Morris’ claims against Uruguay’s large graphic health warnings and its ‘single presentation requirement’, a requirement that tobacco manufacturers produce no more than one variant of a single brand family of cigarettes. We've written a paper explaining the key aspects of the Philip Morris v Uruguay award for countries looking to move ahead with WHO FCTC implementation - learn more in this blog. Read more >: WHO FCTC implementation after Philip Morris v Uruguay: five key messages from the Award

On 19 May 2016, the High Court of Justice of England and Wales handed down its decision dismissing the legal challenges to the United Kingdom’s tobacco standardized packaging (or plain packaging) laws. The McCabe Centre examines the significance of the decision on plain packaging in the UK for other jurisdictions. Read more >: The High Court of Justice decision on UK standardized packaging: Key points for other jurisdictions

Next week, high-level representatives of governments will assemble at UN Headquarters in New York for the 2016 UN General Assembly Special Session (UNGASS) on the World Drug Problem. In this guest post for ehospice's series on access to medications and UNGASS, Jonathan Liberman explains why the 2016 UNGASS could galvanise efforts to provide pain relief, palliative care and protection of dignity to millions of people around the world. Read more >: Why the 2016 UNGASS will be critical to global pain relief and palliative care

The International Narcotics Control Board (INCB) released its report Availability of Internationally Controlled Drugs: Ensuring Adequate Access for Medical and Scientific Purposes last Thursday, 4 February 2016.  The new report highlights disparities between high- and low/middle-income countries in availability of and access to controlled medicines.

Read more >: International Narcotics Control Board releases new report on Availability of Internationally Controlled Drugs