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Under these requirements, the sale and distribution of unauthorized tobacco products is illegal, including at industry events such as trade shows or expos
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118 Therefore, "the terms of paragraph 5.2 of the Doha Ministerial Decision constitute an interpretive clarification to be taken into account in the interpretation of Article 2.12 of the TBT Agreement." 119 The Appellate Body began its interpretation of Article 2.12 of the TBT by noting that the reason for allowing a reasonable interval from publication of a technical regulation and its going into force is to allow producers in exporting Members to adapt to the rule
For example, it found that images of an autopsy and a man exhaling cigarette smoke through a tracheotomy hole in his throat do not convey the usual consequences of smoking or other factual information supported by evidence about the actual health consequences of smoking. However, the court did not find any basis for not believing that harm depicted in the photos resulted from smoking tobacco, nor provided any basis for holding that some minimum number of people have to suffer from such consequences for the warning labels to be factual, rather than simply advocacy
