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Press Release

Bera, Polis lead call to ensure ISDS cannot be used to undermine public health laws

Representatives say tobacco-related disputes should be excluded from the investor-state dispute settlement provisions in the Trans-Pacific Partnership

Washington, DC, October 2, 2015

Reps. Ami Bera (CA-07) and Jared Polis (CO-02) today led a group of 21 representatives in sending a letter calling on U.S. trade negotiators to ensure that the Trans-Pacific Partnership (TPP) does not impede the efforts of member countries to enact public health protections aimed at preventing and reducing tobacco consumption. You can download the letter by clicking here.

The letter urges negotiators to ensure that tobacco-related disputes are excluded from the TPP's investor-state dispute settlement (ISDS) mechanism so that tobacco companies cannot attempt to undercut public-health laws for the sake of their own profits. As dictated by Trade Promotion Authority, ISDS cannot be used by corporations to undermine national sovereignty or weaken food safety, environmental, or public health laws. Despite this clear language, tobacco companies have continued to aggressively pursue lawsuits in an attempt to undermine local laws. The letter urges USTR to put a stop to such abuses.

"At the same time countries are taking meaningful measures to prevent or reduce tobacco consumption, some tobacco companies are increasingly attempting to undermine these policies through trade dispute mechanisms. This deliberate intimidation has created an environment of fear that discourages legitimate policies to protect public health," the representatives wrote.

"We welcome your continued commitment to preserve the sovereign ability of member countries to implement appropriate and balanced regulations in the public interest. We are concerned that failure to negotiate a strong position that prevents foreign investors from weakening or blocking health protections will have a detrimental effect on the global population."

In addition to Bera and Polis, signers of the letter include Reps. Jim Himes (CT-04), Ron Kind (WI-03), Sam Farr (CA-20), Susan Davis (CA-53), Earl Blumenauer (OR-03), Don Beyer (VA-08), Beto O'Rourke (TX-16), Suzanne Bonamici (OR-01), Derek Kilmer (WA-06), Mike Quigley (IL-05), Scott Peters (CA-52), Suzan DelBene (WA-01), Rick Larsen (WA-02), Eddie Bernice Johnson (TX-30), Jim Cooper (TN-05), Kathleen Rice (NY-04), Debbie Wasserman Schultz (FL-23), Gregory Meeks (NY-05), and Gerald Connolly (VA-11).