Supermarket Labels and the TBT Agreement:
Business Law Brief - Nbr. IV-1, October 2007
Arthur E. Appleton - Partner at Appleton Luff- International Lawyers (Geneva)
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Policy Issues.1 Neutrality 2 Effect on developing countries 3 Evaluation of relevant criteria 4 Effectiveness Legal Issues (1) The PPM Question. (2) Questions Related to "Standards" and "Standardization Bodies". (3) Scope of the Code with respect to Non-Government Bodies .(4) Responsibility for Conformity Assessment by Non-Governmental Bodies .Conclusions
Supermarket Labels and the TBT Agreement:
Arthur E. Appleton, J.D., Ph.D. is a Partner at Appleton Luff- International Lawyers (Geneva). The expression "mind the gap" will be familiar to those who have ridden the London underground. This work is adapted from a longer paper presented in September 2007 at the World Trade Institute's World Trade Forum in Bern, Switzerland. I am grateful for the research assistance of Marcia Aribela de Lima Gomes Pereira. Any errors that remain are my own Consumers are increasingly faced with supermarket labels that reflect whether a product meets various environmental criteria, whether it is organic, whether and how far it was air-freighted (Air Miles), and some supermarkets are debating whether to label the distance that produce has traveled from its source (Food Miles).2 In addition to being shrewd marketing schemes, these private labeling and certification schemes often have protectionist motives. For example, in Switzerland, "Bio Suisse" refuses to grant "organic" certification for products imported by air.3 Hence, the "Bio Suisse" scheme favors Swiss farmers and their neighbors, to the detriment of more distant developing countries. Likewi...
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