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Three years ago

The FDA stated: Following a rigorous science-based review through the premarket tobacco product application (PMTA) pathway, the agency determined that authorizing these products for the US market is appropriate for the protection of the public health because, among several key considerations, the products produce fewer or lower levels of some toxins than combustible cigarettes. However, the agency added: While todays action permits the tobacco products to be sold in the US, it does not mean these products are safe or FDA approved. It falls on harm reductionists to hammer home that HNB products are much safer than cigarettesas the FDA grudgingly acknowledged with its appropriate for the protection of the public health comment

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The Appellate Body stated that this case involved de facto discrimination and drew on jurisprudence developed under Article III:4 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), which is similar to Article 2.1 of the TBT Agreement, to hold that "likeness in Article 2.1 [] is based on the competitive relationship between and among products." The Appellate Body accepted that domestic regulations may legitimately distinguish between products to serve a public health interest