The public health doctors who have written the most about this ask why the exclusion given to tobacco wasn't given to other public health measures. I will quote one of the papers by Labonté and Ruckert: “Why was this exclusion [the tobacco exclusion] not extended to all non-discriminatory public health measures a country might adopt?” I think that would be an important thing to include.
I also think it would be very important.... The notion of lawyers deciding which public health measures are legitimate makes no sense. It is important to realize that the precautionary principle may mean that a legitimate public health measure is one in which evidence is still absent—we think there is a problem, but we are not sure. That needs to be legitimate under the TPP.