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In response to a questionnaire that the National Association of Tax Administrators sent to the states in 1985, Michigan indicated that its negotiations with tribal leaders had "ended the Indian smokeshop problem."[83] A 2006 report from the state Treasury Department recounted the success of the negotiations: [T]he Department of Treasury has committed significant time and resources toward establishing relationships with the various Michigan tribes and developing specific protocols to help guard against the inappropriate distribution of untaxed cigarettes

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The Complainants had argued that a reduction in brand differentiation will lead to an increase in price competition and a fall in prices, leading to a decrease in the sales value of tobacco products.[13] However, the Panel found that the evidence suggested that the TPP measures led to an increase in the price of cigarettes, thereby offsetting the decrease in the quantity of cigarettes consumed and consequently, increasing the value in the market.[14] With respect to the decline in the volume of trade in tobacco products, the Panel agreed that the TPP measures are trade-restrictive as they reduce the use of tobacco products, thereby reducing the volume of imported tobacco products in the Australian market.[15] However, the Appellate Body upheld the Panels finding that Article 2.2 allows some trade-restrictiveness so far as it meets the legitimate objective

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