Regulating Tobacco, Alcohol and Unhealthy Foods
The Legal Issues

The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations.

This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation.

Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.

Part I: Challenges of Non-Communicable Diseases 1. Introduction, Tania Voon 2. Making Effective Use of Law in the Global Governance of NCD Prevention, Jonathan Liberman 3. Researchers and Research Knowledge in Evidence-Informed Policy Innovation, Evan Anderson and Scott BurrisPart II: NCD Risk Regulation under International and Comparative Law 4. International Human Rights Law, Tanya E Baytor and Oscar A Cabrera 5. International Trade Law, Tania Voon and Andrew D Mitchell 6. International Investment Law, Benn McGrady 7. International Intellectual Property Law, Mark Davison 8. Interaction with Domestic Intellectual Property Law, Enrico Bonadio 9. Constitutional Perspectives: United Kingdom and South Africa, Stephanie Palmer Part III: National and Regional Perspectives of NCD Risk Regulation 10. United States, Stephen D Sugarman 11. Canada, Barbara von Tigerstrom 12. Latin America, Fernanda Alonso and Alejandro Madrazo 13. European Union, Alberto Alemanno and Amandine Garde 14. Africa, Rachel Kitonyo-Devotsu 15. New Zealand, Susy Frankel 16. Australia, Sondra Davoren, Caroline Mills and Alexandra JonesPart IV: Case Study of a Legal Dispute 17. The High Court of Australia and the Marlboro Man, Matthew Rimmer

Tania Voon is Professor at Melbourne Law School and a former Legal Officer of the Appellate Body Secretariat of the World Trade Organization.

Andrew Mitchell is Professor at Melbourne Law School and Australian Research Council Future Fellow.

Jonathan Liberman is Director of the McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria and the Union for International Cancer Control.