United States to Appeal WTO Ruling on Dolphin-Safe Labeling of Tuna

The Office of the U.S. Trade Representative has announced that the United
States will file an appeal in a dispute with Mexico before the World Trade
Organization (WTO) over U.S. labeling provisions that allow producers
meeting dolphin-safe requirements to label their products accordingly. One
of the U.S. conditions challenged by Mexico provides that this label cannot
be used if dolphins are purposefully chased and encircled to catch tuna. In
September 2011, WTO handed Mexico a partial victory, finding that the U.S.
measures were more trade-restrictive than necessary to achieve a legitimate
objective. Additional information about the dispute appears in Issue 409 of
this Update.

According to a Trade Representative spokesperson, “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.” According to a news source, if
the United States does not prevail on appeal, its dolphin-safe labeling rules
may have to be amended or the country could face Mexican trade sanctions.
See Office of U.S. Trade Representative News Release and Thomson Reuters,
January 20, 2012; InsideCounsel, January 23, 2012.