Here's another paragraph from the Inside US Trade article on the tobacco ISDS carveout that I mentioned the other day:
The U.S. has proposed to define a tobacco control measure as one relating to the production or consumption of manufactured tobacco products, their distribution, labeling, packaging, wrapping, advertising, marketing, promotion, sale, purchase, or use, as well as enforcement measures, such as inspection, record keeping, and reporting requirements, sources said.
Again, with the caveat that I haven't see the actual legal text, this language suggests that e-cigarette products would not be covered by the carveout. There must have been internal discussions about whether to include them. I'm curious to hear what any public health folks have to say about the decision to stop at tobacco.
