Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
This WTO dispute arises out of a challenge brought by Mexico in 2008 against certain legal instruments of the United States (the “measure at issue”) establishing the conditions for the use of a “dolphin-safe” label on tuna products.
The measures condition the access to the US Department of Commerce official dolphin-safe label upon bringing certain documentary evidence that varies depending on the area where tuna contained in the tuna product is harvested and the fishing method by which it is harvested.
Mexico's main claims were that the measures were discriminatory, and that they were also unnecessary.
WTO decision
With respect to Mexico's claim under Article 2.2 of the TBT Agreement, the Panel found that Mexico had demonstrated that the US dolphin-safe labeling provisions are more trade-restrictive than necessary to fulfill the legitimate objectives of:
- ensuring that consumers are not misled or deceived about whether tuna products contain tuna that was caught in a manner that adversely affects dolphins and
- contributing to the protection of dolphins, by ensuring that the US market is not used to encourage fishing fleets to catch tuna in a manner that adversely affects dolphins, taking account of the risks non-fulfillment would create.
