U.S. to Appeal WTO Tuna Labeling Ruling in Dispute with Mexico
The Office of the U.S. Trade Representative announced that the U.S. is filing an appeal in the World Trade Organization dispute with Mexico challenging the U.S.’ dolphin-safe labeling measures for tuna products sold in the U.S.
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Panel Said U.S. Labeling Was More Trade Restrictive than Necessary
According to USTR, a September 2011 WTO panel found that the objectives of the U.S. dolphin-safe tuna labeling measures are legitimate; that the measures do not treat Mexico’s tuna products any less favorably than tuna products from the U.S. or other WTO Members; and that any adverse effects felt by Mexican tuna producers from the U.S. labeling requirements are the result of choices made by Mexico’s own fishing fleet and canners.
However, the Panel also found the U.S. measures to be more trade restrictive than necessary to achieve the objectives of the measures.
(See ITT’s Online Archives 11091616 for summary of the WTO panel ruling.)
Decision to Appeal Based on Commitment to Dolphin-Safe Labeling
USTR Press Secretary Mead states, “Our dolphin-safe labeling measures for tuna products provide information for American consumers as they make food purchasing decisions for their families. Our decision to appeal the WTO ruling in this case demonstrates the commitment of the United States to our dolphin-safe labeling measures.”
USTR Says U.S. Measures Voluntary, Dispute Should Have Been under NAFTA, Etc.
USTR states that the U.S. dolphin-safe labeling provisions establish conditions under which tuna products may voluntarily be labeled “dolphin-safe.” Tuna products may not be labeled as “dolphin-safe” if the tuna in those products is caught by intentionally encircling (“setting on”) dolphins with purse seine nets. Some Mexican fishing vessels use this method when fishing for tuna. Mexico asserted that the U.S. dolphin-safe labeling provisions deny Mexican tuna effective access to the U.S. market.
It adds that in October 2008, Mexico filed a request for WTO dispute settlement consultations with the U.S. regarding its provisions pertaining to the voluntary dolphin-safe labeling of tuna and tuna products. The U.S. subsequently invoked its NAFTA rights and requested that Mexico refrain from proceeding in the WTO and move the case to the NAFTA, as provided for in Article 2005 of the NAFTA. USTR states that NAFTA is the appropriate place to litigate such issues, however, Mexico has blocked that process for settling this dispute.
Therefore, on April 20, 2009, a WTO Panel was established to consider Mexico’s claims. That Panel circulated its final report, mentioned above, to other WTO Members and the public in September 2011. This appeal is the next step in the dispute settlement process.
WTO information on the dispute (DS381) available here.