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After reviewing a number of cases, the Appellate Body stated, "the 'treatment no less favourable' standard of Article III:4 of the GATT 1994 prohibits WTO members from modifying the conditions of competition in the marketplace to the detriment of the group of imported products vis--vis the group of domestic like products." 75 The Appellate Body elaborated on how its standard should be applied when de facto discrimination is alleged: Accordingly, where the technical regulation at issue does not de jure discriminate against imports, the existence of a detrimental impact on competitive opportunities for the group of imported vis--vis the group of domestic like products is not dispositive of less favourable treatment under Article 2.1

The image included slogans such as "The doctors' choice is America's choice" and "More doctors smoke Camels than any other cigarette." In the early 1950s, cigarettes were indeed promoted as being good for health, which may seem surprising given what we know today about the harmful effects of smoking