G/TBT/W/381  
28 March 2014  
(14-1927)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  PROPOSAL TO INTRODUCE PLAIN PACKAGING OF TOBACCO PRODUCTS 
IN NEW ZEALAND: CONSULTATION DOCUMENT 
(G/TBT/N/NZL/62) 
STATEMENT BY CUBA TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE 
19 AND 20 MARCH 2014 
The following communication, dated 21 March 2014, is being circulated at the request 
of the delegation of Cuba. 
 
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1.  Before we address New Zealand's bill on plain packaging, Cuba would like to clarify 
the following: it is appropriate and not premature at this time to express before this Committee 
the concerns of the developing countries over th e implementation of plai n packaging of tobacco 
products and the effects of this measure, especially for countries like Cuba for whom these items play a major role in the economy. 
2.  The countries that are considering the implementa tion of plain packaging must be made aware 
early on of this measure's commercial implications for other Members of this Organization. 
3.  I n  l i g h t  o f  t h e  a b o v e ,  w e  w o u l d  l i k e  t o  c o m m e n t  o n  N e w  Z e a l a n d ' s  b i l l  o n  p l a i n  p a c k a g i n g  
of tobacco products. 
4.  Plain packaging of tobacco products involves totally erasing the distinctive features of the 
brands that identify products from the toba cco industry, by standardizing the appearance 
of the packaging. This makes it difficult for cons umers to identify and characterize these products 
on the basis of brand preference and prevents th e holders of tobacco trademarks from using them, 
thus depriving the brands of a function that is important in furthering their reputation. This is, without a doubt, a highly trade-restrictive measure. 
5.  Moreover, following the introduction of the plain packaging measure in Australia, recent studies 
have shown that this measure has not reduced consum ption, but rather, led to an increase in both 
consumption and illicit trafficking. 
6.  Notwithstanding all these facts, New Zealand is once again engaged in the process of enacting 
this law and has recently taken effective steps to that end, such as: 
a. The bill was introduced into Parliament on 17 December 2013, following consultations. 
b. The first reading (debate) of the bill in Parliament was on 11 February 2014 before 
the Parliamentary Health Committee. 
c. This first reading was followed by a process of consultations. We would ask New Zealand 
to advise us of the outcome and the subsequent steps in its domestic procedure. 
d. A report will then be prepared, which is due to be submitted to Parliament 
on 11 August 2014. G/TBT/W/381 
- 2 - 
  7.  We would like to draw this Committee's attention to the highly disturbing fact that New Zealand 
is in the process of adopting a law on plain pack aging when a dispute on the legitimacy of this 
measure is under way in the WTO Dispute Settlement Body, whereas it announced in this very forum in 2013 that it would await the outcome of the WTO proceedings. 
8.  I n  v i e w  o f  t h e  f o r e g o i n g ,  w e  a s k  o n c e  a g a i n  that New Zealand refrain from adopting such 
packaging until there has been a definitive ruling in the dispute currently before the DSB, so that 
this measure may be assessed on the basis of those findings. 
 
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