Table 1 Areas of intersection and potential conflict between TIAs and population nutrition policies.

WTO General Agreement on Tariffs and Trade (GATT)

Fiscal policies: import tax, excise tax (e.g. based on ingredients, nutrient content, degree of processing), product bans

Quantitative restrictions, discrimination between ‘like’ products

WTO Technical Barriers to Trade (TBT) Agreement, and TBT chapters of other TIAs

Nutrition labelling (interpretive, health warnings), marketing restrictions, nutrient limits/bans; any public health nutrition regulations (mandatory) underpinned by regulatory distinctions related to the characteristics of traded goods

Discrimination, necessity/trade restrictiveness, (lack of) scientific evidence

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and Intellectual Property (IP) chapters of other TIAs

Marketing restrictions and product labelling (pertaining to brand logos or images that are registered trademarks)

Unjustified restriction on use of trademarks

WTO General Agreement on Trade in Services (GATS), and Services chapters of other TIAs

Retail (e.g. fast food, supermarket) services - e.g. mandatory labelling, shelf space/displays, sales bans (e.g. to minors); advertising services

Restriction on supply of a service

WTO Agreement on Sanitary and Phytosanitary Measures (SPS Agreement), and SPS chapters of other TIAs

Food safety requirements, prohibition of specific harmful ingredients or processes

Discrimination, necessity/trade restrictiveness, (lack of) scientific evidence

Investment treaties, and Investment chapters of other TIAs

Any nutrition policy, if it unfairly affects a foreign investor

Fair and equitable treatment, indirect expropriation

Transparency, Regulatory coherence

Any nutrition policy, if it affects the process of policymaking, e.g. to curb industry interference

Lack of transparency or notification; failure to adhere to good regulatory practice