Use by public health advocates of language familiar to trade practitioners (Drope and Lencucha, 2014) Clear attempt to integrate health and trade objectives rather than reject principles of free trade outright (Drope and Lencucha, 2014) Strong invocation of parties’ legal commitments to international health agreements (e.g. FCTC) or compliance with international standards (Stumberg, 2013; von Tigerstrom, 2013; Drope and Lencucha, 2014; Russell et al., 2014) Sufficient evidence to support the legitimacy, effectiveness and necessity of the measure to achieve a specific health outcome. It may be acceptable that evidence is in the form of quantitative projections or qualitative reasoning (Stumberg, 2013) Consistent reiteration of the importance of the health objective (Drope and Lencucha, 2013; Drope and Lencucha, 2014) Emphasis the policy is a necessary part of a mutually supportive comprehensive set of measures, meaning that adopting one measure is not an alternative to other complementary measures (Thow et al., 2017; World Health Organisation Framework Convention on Tobacco Control and McCabe Centre for Law and Cancer, 2019) Policies are designed to be as least trade restrictive as necessary without compromising elements essential to the measures effectiveness (Thow et al., 2017) Policies are designed so as not to discriminate between similar imported and domestic products with clear argument for why the products have different end uses and physical characteristics. For example, a challenge that a labelling requirement for only certain types of calorie dense, low nutrition snack is discriminatory against certain imported foods, could be argued against by outlining these snack foods are not like products under the TBT to nutritious foods consumed at mealtimes (von Tigerstrom, 2013).
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