Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

On 24 October 2008, Mexico requested consultations with the United States in relation to certain measures taken by the latter concerning the importation, marketing and sale of tuna and tuna products. Mexico alleges that the US measures have the effect of prohibiting the labelling of Mexican tuna and tuna products as “dolphin-safe”, even when the tuna has been harvested by means that comply with the multilaterally agreed “dolphin-safe” standard established by the Inter-American Tropical Tuna Commission, while tuna products from most other countries, including the United States, are allowed to be labelled as “dolphin-safe”.

Mexico argues that these measures appear to be inconsistent in particular, but not necessarily exclusively, with Articles 2, 5, 6 and 8 of the TBT Agreement and Articles I and III of the GATT 1994.  Mexico alleges that these violations nullify or impair the benefits accruing to Mexico under these Agreements and cannot be justified under any of the covered agreements.