President Obama on the TPP Tobacco Carveout

From remarks by President Obama yesterday:

With respect to tobacco, we said very explicitly in this trade deal that any country that regulates tobacco is not somehow violating trade agreements as long as it’s done fairly, as long as they’re not discriminating against American tobacco companies versus their own or those of other countries, but, as a public health matter, they can regulate tobacco.  That raises some sensitivities in Kentucky.

So for tobacco products, through the special tobacco carveout, if you regulate fairly, and in a non-discriminatory way, you won't violate the TPP.  Based on this explanation, I suppose that, conversely, with products other than tobacco, you might regulate fairly, and in a non-discriminatory way, but still somehow violate the TPP.