[7] This dictum has become a classic one, since the Appellate Body used it in the last paragraph of its first decision, the Gasoline case, and it is particularly evident in the Shrimps case (WTO Appellate Body Report, United States–Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, 12 October 1998, §185). This kind of legal reasoning, joining balancing with a retrospective justification by means of obiter dictum, was clearly applied to tobacco policies in the Clove case (WTO Appellate Body Report, United States–Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/AB/R, 4 April 2012, §96 and 235).