INTERNATIONAL TRADE LAW PROJECT

ON

“WTO ROLE IN ESTABLISHING A COHERANCE BETWEEN TRADE AND

PUBLIC HEALTH RELATIONS”

Submitted in partial fulfillment of the requirements for the award of the degree B.Com L.L.B
(hons).

Project work submitted to the

Tamil Nadu National Law School

by

D.Ruchi Sharma

Register No. BC0140049

V Year, B.COM.,LL.B.(Hons).
Under the guidance of

COURSE FACULTY: Mr. Amrithalingam

TAMIL NADU NATIONAL LAW SCHOOL

SEPTEMBER 2018 © 2018 Ruchi Sharma. All rights reserved.

 TABLE OF CONTENTS

1. INTRODUCTION .............................................................................................................. 3

1.1 Establishing the No Preference Rule ................................................................................ 4

1.2 WTO Stand in Establishing a Mutually Beneficial Policy ............................................... 5

2. PARALLEL IMPORTATAION – A SAFEGAURD FOR DEVELOPING COUNTRIES

5

3. A STEP AHEAD - TOWARDS PUBLIC HEALTH AND TRADE POLICY

COHERENCE............................................................................................................................ 7

4. PUBLIC HEALTH AND INTERNATIONAL TRADE PROVISIONS: THE ADVENT

OF GENERAL AGREEMENR ON TRADE IN SERVICES ................................................... 7

5. WTO AGREEMENTS AND PUBLIC HEALTH JOINT STUDY WITH WHO ............. 8

5.1.1 The Korean Case of Imports of Frozen Beef ............................................................. 9

5.1.2 The Case of Thai Cigarette ........................................................................................ 9

5.1.3 The European Communities -ASBESTOS Case ..................................................... 10

6. WTO DISPUTE SETTLEMENT MECHANISM FOR PUBLIC HEALTH AND

TRADE RELATED CONCERNS ........................................................................................... 10

6.1 The WTO Case Of Freedom Of Transit – W.R.T To The Pharmaceutical Industry ..... 11

7. CONCLUSION AND RECOMMENDATIONS ............................................................. 12

 WTO ROLE IN ESTABLISHING A COHERANCE BETWEEN TRADE AND
PUBLIC HEALTH RELATIONS

- Ruchi Sharma(BC0140049)

1. INTRODUCTION

It was in the year 1995 the WTO was established the body from then has been facing wide
controversy one such being the extent of power it has which is greater in terms of
enforcements and other aspects compared to the previous existent GATT. The main aim of
the body was to analyse the trade agreements which were being negotiated under GATT.
After the negotiation of Uruguay round the opponents of WTO are of the view that it
threatens the health and environmental standards of industrialized nations. From the year
1995 the organisation has been giving very important decisions which involved issues that
affected trade relating to shrimp, gasoline and environmental regulations like the asbestos
case but the most important ruling by WTO was relating to regulations of generic drugs
which led to wide controversy as the decision seemed to favour trade and gave less
importance to public health aspect of it1. But when carefully analysed, the ruling of WTO
allows the government to regulate and implement their public health goals under the
condition that they do not discriminate among the trade members. Therefore, the decision
seems to be legitimate enough as it focuses on the principle of non-discrimination based upon
genuine health issues. Under the WTO the issue of resolving the disputes is concerned with
the building up of a framework that ensures that no nation is given complete freedom to
follow any trade pattern they prefer therefore, all nations comply with the same trade pattern
and regulations with transparency and allowing equal participation and development by
helping developing nations to build up. In the year 2009 the WTO met for its general council
meeting and stated that the essentiality of any medicine or pharmaceutical drug may depend

1
Chimni, B. S. “WTO and Environment: Shrimp-Turtle and EC-Hormones Cases.” Economic and Political
Weekly, vol. 35, no. 20, 2000, pp. 1752–1761. JSTOR, JSTOR, www.jstor.org/stable/4409297.
on the countries development and location. The Objective of the paper is to study and analyse
the role of WTO in establishing a mutually beneficial policy that shall benefit the trade
aspects at the same time solve the public health concerns. For this purpose the researcher has
analysed the rule of multi-lateral free trade and their implications on public health concerns
and whether WTO has been successful in settling the dispute between trade and health
concerns.

Research Objective and Question

The main aim of the paper is to study and analyse the issues existing in framing a policy and
striking a balance between free movement of trade and public health concerns associated
thereto, and what is WTO stand on the same. For this purpose the researcher has analysed
various cases wherein, the WTO has given mutually benefiting views. The main question that
the paper has analysed is whether WTO is able to achieve the goal of implementing a
mutually cohesive policy which is least trade restrictive at the same time has also solves the
issue of public health concerns

Research Methodology

The researcher intends to follow analytical research methodology i.e., utilize the facts or
information already available, and analyse it to make a critical evaluation of the material .The
process followed by the researcher will include formulating the research problem, collecting
the data, mostly secondary data, which will be collected by analysis of historical methods and
analysis of documents which includes statistical compilations, abstract guides, articles. Then
the data collected will be analysed, interpreted and research paper will be prepared.

1.1 Establishing the No Preference Rule

The WTO has always made it clear that if two agreements are established under the WTO
agreement then there shall be no preference given to one agreement over the other and a
logical approach will be taken and in these cases were the two agreements involved was
GATT and TRIPS the WTO dispute settlement body said that the logical approach would
start with TRIPS agreement before looking under the GATT. Therefore when the question
was raised as to whether public health objectives should be prioritised or commercial
objectives the WTO was of the opinion that every WTO member has the right as well as the
duty to pursue both the objectives or give preference to one over the other based on their
country’s needs2.

1.2 WTO Stand in Establishing a Mutually Beneficial Policy

In the hormones dispute at the WTO in 1998 the European Union contended that the beef
from Canada to U.S poses certain health risks and therefore banned the same but the WTO
gave the decisions that there was not enough proof to show that the hormone treated beef
posed any health risks and therefore it’s not supported. Similarly the WTO in 2000 allowed
Canada findings on generic drugs claimed as an exception to patent rights from all these
decision it was clear that the WTO had rights to restrict trade and patent rights on the goal of
promoting public health. Later on the generic drug panel seemed to move away from the idea
of balancing the patent holder interest with society benefit and was more concerned on
narrowing down patent holder rights by bringing up the need for compulsory licensing and
exceptions to patent rights3. At the same time the WTO took initiatives of setting up
campaigns to make the members aware that TRIPS should not interfere with the public health
steps taken by WTO or the member nation this step seemed to be a breakthrough in field of
patent rights as the rights of the holder in a way were narrowed down at the WTO, this led
many member nations that lacked pharmaceutical manufacturing and drugs to obtain certain
benefits by the option to waive off their domestic supply restrictions for a period of 10 years
(2003)4. Hence, one thing was clear that the WTO was neither in support nor in opposing the
importance of health disputes but had placed strict criteria that there shall be no
discrimination among the member nations and there shall be scientific justification for
implementing the same.

2. PARALLEL IMPORTATAION – A SAFEGAURD FOR DEVELOPING

COUNTRIES

The concept of parallel importation has become a matter of wide controversy the importation
leads to re selling of the original products from a person who is called the distributor who has

2
Mercurio, Bryan. “'SEIZING' PHARMACEUTICALS IN TRANSIT: ANALYSING THE WTO DISPUTE THAT
WASN'T.” The International and Comparative Law Quarterly, vol. 61, no. 2, 2012, pp. 389–426.,
www.jstor.org/stable/23279897.
3
See, Article 7 & 8 of TRIPS on compulsory licensing and Article 30 & 31 on exceptions to patent rights
4
Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, Decision
of 30 August 2003 (WT/L/540). Geneva, Sep 2003b. See, EC-Measures Concerning Meat and Meat Products
(Hormones), Communication from the European Communities (WT/DS26/22/ and WT/DS48/20/). Geneva, Oct
28.
obtained the product at a lower price than buying directly from the original manufacturer so
even if the IP rights holder has the knowledge as to sale of products in the market but he
does not know about the importation of the product to any member nations this raises various
issues like the problem of price difference issues and various trade concerns5 this is also
known as gray market. If we look at TRIPS Article 28 that confers upon the patent holder the
right to “prevent third parties from making, using, offering for sale, selling or importing”
Product without the patent holder’s consent.

However, it is unjustified to rely upon this provision in order to argue that the agreement
mandates national exhaustion and prevents parallel trade of patented goods6. In Kodak SA v
Jumbo-Market AG7 the Swiss Federal Supreme Court, stated that: “Article 28 of the TRIPS
Agreement gives the patent holder the right to prevent third parties from selling and
importing patented products”. It argued that, Article 28 merely lays down the IPRs owner’s
right to stop the importation of products that infringe without placing a ban on parallel
imports.

Various WTO Agreements affect the prices of the drugs, medical supplies in the
pharmaceutical market one such example is when WTO negotiated leading to reduction and
in few other cases even elimination of import duties the main reason why such parallel
importing and compulsory licensing was allowed was apart from TRIPS ensuring that there is
fair protection given to the patent rights holder there occurs concerns of strict patent
protection regime and hence increasing the prices of drugs in order to prevent the same such
measures were taken up by under the Doha Declaration on TRIPS Agreement and Public
Health, among the WTO members. Therefore the advent of compulsory licensing and
allowing of parallel imports were safeguards for such countries that lacked the manufacturing
capacity to produce such drugs.

5
Kelly, Trish. “Is the WTO a Threat to the Environment, Public Health, and Sovereignty?” Challenge, vol. 51,
no. 5, 2008, pp. 84–102. JSTOR, JSTOR, www.jstor.org/stable/40722536.
6
Abbott, Frederick M. “The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of
Public Health.” The American Journal of International Law, vol. 99, no. 2, 2005, pp. 317–358. JSTOR, JSTOR,
www.jstor.org/stable/1562501. (last accessed: 26-10-2018 15:41 UTC)
7
4C. 24/1999/rnd, December 7, 1999.
 3. A STEP AHEAD - TOWARDS PUBLIC HEALTH AND TRADE POLICY
COHERENCE

Therefore it’s clear that the WTO in all ways has tried to strike a balance between the trade
law issues and public health concerns but at the same time has always focused on abiding by
the principle of non-discrimination yet these principles were also allowed to be waived off
under public health exceptions but yet there were concerns among various member nations as
to the conflict of interest that arose between trade policies and public health measures. Any
policy made should be mutually beneficial and help in the advancements keeping in mind all
the aspects of development and hence similar is in case of trade and public health goals there
needs to be a balance between the two and not that one goal is achieved at the expense of the
other. Similar was the decision of WTO that there should be balance between them and it’s
upon to the countries to decide their preferences and therefore frame a mutually beneficial
policy or agreement. It was in the Doha Ministerial Conference wherein, the issue of public
health and trade was discussed and in para 6 of its declaration it was said that WTO rules and
health policies can be balanced and it is important for implementation of WTO rules8. In the
Third ministerial conference of WTO in 1999 the WHO was in agreement with the WTO aim
of promoting trade and improving health at the same time one thing was clear that the main
aim behind this was to bring up the poor and developing countries .

4. PUBLIC HEALTH AND INTERNATIONAL TRADE PROVISIONS: THE

ADVENT OF GENERAL AGREEMENR ON TRADE IN SERVICES

This chapter examines whether there are any existing provisions under the WTO for public
health and how does it hamper or promote international trade. The purpose of this chapter is
important in order to understand what the existing steps are taken by the WTO and how far it
has been able to strike a balance between trade and public health concerns by framing a
mutually beneficial policy.

4.1 The Importance of GATS in promoting public health

The General Agreement on Trade in Services (hereinafter referred as ‘GATS’) is one such
agreement under the WTO which contains certain provisions relating to international trade
and public health under the WTO’s sector classification list discussed in the Uruguay round
there are 2 divisions one under sector 8 relating to health and social services and sector 1

8
See,WTO Agreements and Public Health: A joint study by the WHO and the WTO secretariat, World Health
Organization and World Trade Organization, Geneva, August 2002 [hereinafter, WHO/WTO study].
relating to medical service under the wide ambit of business services therefore as such there
is no specific provision relating to public health9. At the same time under the GATS it has
been made clear that any WTO member who has agreed upon and committed itself to a
particular sector shall not give different treatment to domestic and foreign like services 10.
Similarly under Art.XIV clearly states that nothing in this agreement should be construed so
as to prevent the adoption or enforcement of any measures that are necessary to protect
human, plant, animal or health therefore the policy though at its advent has measures for
public health care the policy is flexible enough for member nations to channel their sectoral
preferences11.

5. WTO AGREEMENTS AND PUBLIC HEALTH JOINT STUDY WITH WHO

The Chapter analyzes the study undertaken in the year 2002 after a long discussion between
the WTO and WHO leading to one of the released major break- through in the debate of
trade and public health one of the main point the study proposed was that the rules under the
multi-lateral free trade had implications on health policies and the issues of health risks
specifically under the WTO laws relating to trade in goods.

5.1 General Discussion on GATT

One of the interesting aspects of the study was with respect to WTO basic governing treaty
that is GATT therefore, agreeing on the aspect that non-discrimination is an important aspect
under the GATT rules the study went on to lay the idea that Health measures which do not
discriminate and abide to the principle of equal treatment to like products of WTO member s
and also treat like domestic products better than imports therefore, being consistent with
WTO law, and do not require a justification under the health “exception” in Art.XX of the
GATT12. Therefore this made it clear that the member states had authority to take into
account health risks before framing any policy based upon the test of likeness. For example if
India creates a product that has no health risks (i.e., a domestic product) and another country
created alike product (i.e., Imported product) which poses several health risks the trading of

9
WHO, Legal Review of the General Agreement on Trade in Services (GATS) from a Health Policy
Perspective,WHO, http://www.who.int/trade/resource/GATS_Legal_Review_15_12_05_01.pdf.
10
See, Article XVII of GATS.
11
TN/S/O/IND/Rev.1, http://commerce.nic.in/trade/revised_offer1.pdf
12
See,WTO Agreements and Public Health: A joint study by the WHO and the WTO secretariat, World Health
Organization and World Trade Organization, Geneva, August 2002 [hereinafter, WHO/WTO study]. At:
https://www.wto.org/english/res_e/booksp_e/who_wto_e.pdf
these products will be allowed by India as they abide by the national treatment rule of GATT
while under the same GATT the imported country’s product can be banned or restricted. The
study further suggested that in case where a country has high level of risk the MFN obligation
can be over looked but yet there is no clarity regarding the same13.

5.1.1 The Korean Case of Imports of Frozen Beef

Hence in any case if any step taken up by the WTO member country is violating Art. I but
fall but has strong justification under the exception of Art. XX (b) then such violation would
be allowed one such important case decided by the WTO appellate body in the year 2000 was
the Korean case relating to certain measures taken up which affected the import of frozen
beef wherein, the WTO dispute settlement body only if it deems necessary to affect the
import or export with strong justification will be allowed and in any case if the WTO member
countries measures taken as a justification to health concerns have large and negative impact
on the import and export then such measure may not always seem to be necessary and will
therefore not allowed and hence the case was of the similar opinion that was effected under
the joint study report.

5.1.2 The Case of Thai Cigarette

The case was relating to ban of cigarettes by Thailand which were imported from U.S. the
issue in this case was that Thailand banned importation of U.S cigarettes but allowed the
same at domestic level on the basis of the argument that the imported cigarettes posed higher
health risks and in a way promoted smoking by advertising about them while the domestic
cigarette did not do so. The GATT panel first gave its decision and held that under the
exception of Art. XX (b) such ban on import is impressible and not a valid justification on
ban as the country instead of banning could go for a lesser trade restrictive measure like ban
on advertisement and labelling cautions on the packet about the health issues it posed14.
Hence the panel considered not just the health concern but looked at the overall situation and
come to a mutually beneficial solution but yet many countries believed that such control on
13
See, Art. I and Art.XX (b) of the GATT, Wherein, the health exception, which permits measures that would
otherwise be in violation of GATT rules, provided they are necessary for purposes of, inter alia, protection of
human life and health. Concerning this exception the WHO/WTO study has this to say in its general discussion:
“Determining whether a measure is “necessary” involves a process of weighing and balancing a series of factors
which include the importance of the interests protected by the measure, its efficacy in pursuing the policies, and
its impact on imports and exports. See also, Robert Howse, Professor of Law, University of Michigan,THE
WHO/WTO STUDY ON TRADE AND PUBLIC HEALTH: A CRITICAL ASSESSMENT, Forthcoming, Journal
of Risk Analysis, http://migration.nyulaw.me/sites/default/files/ECM_PRO_060052.pdf
14
Thailand-Restrictions on Importation of Cigarettes, BISD 37S/200.
advertising is not the best alternative and the Tobacco companies always found their ways to
promote the same therefore, the panel decision was criticised on the argument that ban on
advertisements is not an alternative to less trade restrictive measure.

5.1.3 The European Communities -ASBESTOS Case

In this case France banned on all asbestos and similar products that contained the same this
was challenged by Canada the WTO in this case held that there are alike products that contain
asbestos in the domestic market of France and hence France by banning the same had
violated Art. III the decision was challenged on the ground that the body failed to consider
that it’s not just upon likeness that a product can be analysed as harmful or harmless and
hence the body failed to consider health concerns relating to the same. Hence the WTO
Appellate body reversed the ruling and held the European Communities measure of banning
asbestos was justified under the exception of Art. XX (b). But the reasoning on which the
Appellate body reversed was different from that of the panel opinion as the appellate body
was more concerned of the health risks it posed rather that looking for alternative measures
rather than restriction trade and likeness test.

6. WTO DISPUTE SETTLEMENT MECHANISM FOR PUBLIC HEALTH AND

TRADE RELATED CONCERNS

Earlier, in the year 1994 under the WTO Agreement the issues of public health concerns were
those that regarded with that of infectious diseases as there were the major issues of concern
due to the epidemic and loss of lives it caused. Later on as technology developed there were
remedies found for infectious disease yet with development many other public health
concerns raised from ban on import of cigarettes to ban on plastic as the field was widened
and now included any product or service that had public health risks involved15 therefore this
chapter is an attempt to analyse the laws under the WTO and attempts taken under the same.

There is a need to bridge the gap between the field of public health risks and trade impacts.
One such way is that the WTO grants through its covered agreements wherein, it grants
autonomy at a domestic level rather than bringing up strict agreements that the countries have
to abide the concept of domestic autonomy seems more beneficial as a strict policy to

15
Pomeranz, Jennifer L., et al. “Energy Drinks: An Emerging Public Health Hazard for Youth.” Journal of
Public Health Policy, vol. 34, no. 2, 2013, pp. 254–271. JSTOR, JSTOR, www.jstor.org/stable/43287961. See
also, Michael M. Grynbaum, Health Panel Approves Restrictions on Sale of Large Sugary Drinks, N.Y. TIMES,
Sept. 13, 2012.
prohibit any trade practice on basis of public health concerns will lead to the WTO members
hesitating and withdrawing from it due to the fear and burden of violating the WTO
agreement. Another important tool that seems to be beneficial to strike a balance is through
tariffs and subsidies that lead to promoting public health goals but even these options are not
always available to all member states and depend upon the bargaining power of the countries
therefore it’s just on the hope of good faith one can assume the states acting in line with the
policies. The exceptions under Art.XX (b) is another such provision that promotes the trade
and health balance based upon the weighing of necessities and strong justifications on the
same

6.1 The WTO Case Of Freedom Of Transit – W.R.T To The Pharmaceutical Industry

The European Union had restricted the passage of pharmaceutical products that passed
through the channel of European Union as the EU was of the opinion that there has been a
parallel importation occurring which is against the TRIPS mandate. This led to filing of a
claim by India and Brazil on the EU under the WTO dispute settlement authority though the
WTO is negative in deciding the cases of parallel imports yet it went on to argue and listen
the case as the claim made by the EU was that the passage of such pharmaceutical products
causes public health concerns at the same time India and Brazil brought the argument under
the Art. V of the GATT which is freedom in transit. Article. V and XX of the GATT are the
widely discussed as they have a effect on the pharmaceutical and drug industry. Under Art.V
there is freedom of transit granted and in certain cases Art.XX acts as an exception to the
freedom in transit provision of the GATT. In a case of a claim was made by India with
respect to the violation of Article V to the WTO and brought about the argument of the long
established the rule that there shall be no restrictions or unnecessary form of delay. And the
restriction placed by EU has also caused public health concerns due to the non delivery of
products soon. The WTO after hearing both the sides of the argument established a test.
Under this test in order for a member nation to exercise certain restriction they have to prove
that the measure is not discriminating between the member nations and at the same time
prove that the implementation of the measure is necessary and indispensible and there is no
alternative efficious solution that can be less trade restrictive. Though the case was later on
mutually resolved yet the issue of generic drugs being restricted in transit still remains
unresolved hence if the objectives of the Doha Declaration are to be fulfilled then one has to
ensure the GATT , TRIPS and public health are balanced and not decided at the expense of
the other16.

7. CONCLUSION AND RECOMMENDATIONS

Even after series of discussions the governments have been facing challenges to frame a
mutually beneficial and supportive trade policy that fulfils both the objective of promoting
trade with least trade restrictive measures and also balancing the health concerns. One
solution in this regard can be by ensuring policies that are flexible enough to be amended and
framed considering even the uncertain health and development risks which would lead to
development of the multilateral trade policies and further lead to liberalization. Therefore in
The importance of addressing concerns in the context of negotiations cannot be overstated.
Negotiation in the WTO is a multilateral process, i.e. all Members of the Organization are
involved and treated equally. While this makes it difficult and time consuming to make
progress on difficult and/or controversial issues, an eventual agreement can only be reached
by consensus of all members. In case of disagreement on the meaning or the implications of a
specific provision of a WTO agreement, individual countries can bring the matter to the
Dispute Settlement Body. It would then be up to a panel, and possibly, the Appellate Body, to
resolve the dispute. Health and trade officials in all countries, along with representatives of
civil society and the private sector, may use a wide scope and opportunities for achieving
more coherence between policies. The resulting synergies would make a valuable
contribution to more equitable and efficient human and economic development around the
world. As already indicated above, there seem to be two critical ingredients, which
significantly contribute to effective health-and-trade policy coordination.

16
Press Release, Government of India Ministry of Commerce and Industry, Indian EU Reach an Understanding
on Issue of Seizure of Indian Generic Drugs in Transit (July 28, 2011), available at
http://pib.nic.in/newsite/erelease.aspx?relid=73554.
REFERANCES

Primary sources:

Bare Acts:

Trade-Related Aspects of Intellectual Property Rights (TRIPS),1994

The General Agreement on Trade and Services (GATS) ,1995

General Agreement on Tariffs and Trade (GATT), 1948

Secondary Sources:

WTO Agreements and Public Health: A joint study by the WHO and the WTO secretariat,
World HealthOrganization and World Trade Organization, Geneva, August 2002
[hereinafter,WHO/WTOstudy].At:
https://www.wto.org/english/res_e/booksp_e/who_wto_e.pdf

WHO, Legal Review of the General Agreement on Trade in Services (GATS) from a Health
PolicyPerspective,WHO,
http://www.who.int/trade/resource/GATS_Legal_Review_15_12_05_01.pdf.

Articles Referred:

1. Chimni, B. S. “WTO and Environment: Shrimp-Turtle and EC-Hormones

Cases.” Economic and Political Weekly, vol. 35, no. 20, 2000, pp. 1752–
1761. JSTOR, JSTOR, www.jstor.org/stable/4409297.
2. Mercurio, Bryan. “'SEIZING' PHARMACEUTICALS IN TRANSIT: ANALYSING
THE WTO DISPUTE THAT WASN'T.” The International and Comparative Law
Quarterly, vol. 61, no. 2, 2012, pp. 389–426., www.jstor.org/stable/23279897.
3. Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and
Public Health, Decision of 30 August 2003 (WT/L/540). Geneva, Sep 2003b. See,
EC-Measures Concerning Meat and Meat Products (Hormones), Communication
from the European Communities (WT/DS26/22/ and WT/DS48/20/). Geneva, Oct 28.
4. Kelly, Trish. “Is the WTO a Threat to the Environment, Public Health, and
Sovereignty?” Challenge, vol. 51, no. 5, 2008, pp. 84–102. JSTOR, JSTOR,
www.jstor.org/stable/40722536.
 5. Abbott, Frederick M. “The WTO Medicines Decision: World Pharmaceutical Trade
and the Protection of Public Health.” The American Journal of International Law, vol.
99, no. 2, 2005, pp. 317–358. JSTOR, JSTOR, www.jstor.org/stable/1562501. (last
accessed: 26-10-2018 15:41 UTC)
6. THE WHO/WTO STUDY ON TRADE AND PUBLIC HEALTH: A CRITICAL
ASSESSMENT, Forthcoming, Journal of Risk Analysis,
http://migration.nyulaw.me/sites/default/files/ECM_PRO_060052.pdf
7. Pomeranz, Jennifer L., et al. “Energy Drinks: An Emerging Public Health Hazard for
Youth.” Journal of Public Health Policy, vol. 34, no. 2, 2013, pp. 254–271. JSTOR,
JSTOR, www.jstor.org/stable/43287961.

Other Sources:

1. Michael M. Grynbaum, Health Panel Approves Restrictions on Sale of Large Sugary

Drinks, N.Y. TIMES, Sept. 13, 20Press Release, Government of India Ministry of
Commerce and Industry, Indian EU Reach an Understanding on Issue of Seizure of
Indian Generic Drugs in Transit (July 28, 2011), available at
http://pib.nic.in/newsite/erelease.aspx?relid=73554.
2. TN/S/O/IND/Rev.1, http://commerce.nic.in/trade/revised_offer1.pdf