1. TPP impact on domestic regulation: consumer rights and public health Angela McDougall, Policy Advisor

2. TPPA must not restrict governments from implementing measures needed to protect health and consumer rights
Consumer right to informed choice
Food labelling and regulation
Access to affordable medicines

3. Consumer priorities in the TPPA:
TBT and SPS chapters must not restrict governments’ ability to regulate food and labelling to protect health or consumer rights
Any expansion of pharmaceutical IP rights must not restrict governments from providing affordable access to medicines
If there is an ISDS mechanism in the investment chapter, there must be effective exceptions for both consumer rights and health

4. About CHOICE Number one consumer rights advocate in Australia
More than 160,000 members
Social enterprise and completely self-funded
Independent publisher of consumer information

5. About Consumers International
Global federation of consumer organisations
220 member organisations in 115 countries
Independent and not-for-profit
Global research and campaigns through and for our members

6. United Nations Guidelines for Consumer Protection
Consumers International summary of consumer rights:
the right to the satisfaction of basic needs
the right to safety
the right to be informed
the right to choose
the right to be heard
the right to redress
the right to consumer education
the right to a healthy environment

7. Trans-Pacific Partnership Agreement: Broad concerns
Lack of transparency around negotiations
Privileging of private interests over the public interest

8. Trans-Pacific Partnership Agreement: Consumer concerns around copyright provisions (CHAPTER: Intellectual property)
Restrictions on parallel importation of copyrighted goods
Anti-circumvention of technological protection measures (TPMs)
Copyright infringement enforcement
Australian Law Reform Commission inquiry into copyright and the digital economy

9. The TPPA should not restrict governments from regulating food and labelling to protect consumer rights and public health (CHAPTERS: Technical Barriers to Trade and Sanitary and Phytosanitary Standards,)

10. Right to make informed decisions is well-recognised in Australia
eg energy star ratings on home appliances:

11. Food regulation in Australia
Food Standards Australia New Zealand Act 1991
Section 18 Objectives of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures
(1) The objectives (in descending priority order) of the Authority in developing or reviewing food regulatory measures and variations of food regulatory measures are:
(a) the protection of public health and safety
(b) the provision of adequate information relating to food to enable consumers to make informed choices
(c) the prevention of misleading or deceptive conduct

12. Mandatory labelling - food safety and public health
Nutrition information panels
Date marking

13. Mandatory labelling to inform consumers
Percentage ingredient labelling
Country of origin labelling

14. Further regulation is needed …
Health and nutrition claims
Standard Nutrition, Health and Related Claims – introduced January 2013
Health claims eg ‘High in calcium for strong bones’ and ‘High in calcium to reduce the risk of osteoporosis’ limited to healthy products
But nutrition claims like ‘High in fibre’ can be made on any product even if it is high in saturated fat, sodium or sugar
Evidence for new high level health claims (eg ‘High in calcium to reduce the risk of osteoporosis’) must evaluated by government authority before claims can appear in the market
But food companies can evaluate the evidence behind general health claims (eg ‘High in calcium for strong bones’) without independent scrutiny

15. Further regulation is needed …
Labelling of genetically modified ingredients
GM labelling is required but only where there is an altered characteristic in the end product
Loopholes in the regulation:

16. … therefore, the TPPA must not restrict our governments from implementing measures to:
Protect consumers’ health
Enable consumers to make informed choices about what we eat
Should we be worried about the TPPA?
TBT chapter?
SPS chapter?
Critical concern – investor-state dispute settlement – investors challenging regulation made by states to serve the public interest?

17. 2. Sovereign states must be able to provide their citizens with access to affordable medicines (CHAPTER: Transparency – Healthcare annex)

18. Access to affordable medicines
Australia’s subsidised medicines program: Pharmaceutical Benefits Scheme (PBS)
Potential threats to the PBS?
Rights of pharmaceutical companies to challenge reference pricing decisions
Entrenching ever-greening of pharmaceutical patents
Banning pre-grant patent oppositions
Expanding the intellectual property rights (IPRs) of patent-holders could cost individuals and governments – particularly in developing countries
Any measures to extend IPRs of pharmaceutical companies must not restrict ability of sovereign states to provide citizens with access to affordable medicines

19. 3. Domestic regulations to protect public health and consumer rights must be effectively excepted from any ISDS provision in the TPPA (CHAPTER: Investment)

20. Cigarette plain packaging in Australia

21. Investor-state dispute settlement (ISDS)
Phillip Morris challenge to Australia’s cigarette plain packaging laws was rejected by the High Court …
…. so Phillip Morris moved assets to Hong Kong to challenge under the ISDS provision of a trade agreement
Implications for future efforts to protect public health and consumer rights?
Multinationals lining up to challenge our government’s progress on issues like food labelling and informing consumers under ISDS mechanism?
If the TPPA is to contain an ISDS mechanism, there must be an effective exception for domestic regulation that protects consumer rights and public health.

22. Thank you Conclusion Remember: Consume right to informed choice
Imperative to protect public health
Thank you