The packaging of tobacco is a major
part of its advertising - as the tobacco industry admits
in its own
documents. That's why ASH and many other organisations support mandated
plain standardised packaging of tobacco products - and why
the industry is fighting it.
The
sovereignty of countries should be absolute and not influenced by
multinational companies with complex accountability. This laudable move
towards plain packaging must not be derailed by veiled tactics from
companies with vested interests. Only then can progress be made to
tackle tobacco-associated diseases, which are largely preventable, but
mostly lethal.
The
Lancet medical journal, August 2011
AUSTRALIAN
NEWS AUSTRALIAN
BACKGROUND WORLD NEWS
EVIDENCE AND RESOURCES TOBACCO INDUSTRY'S
"PLAIN PACK ATTACK"
STOP
PRESS:
Oz tobacco link as UK shelves plain packs WORLD NEWS
Australia's world-first plain
packs laws now in force! Information
Government toll-free complaints hotline: 1800 062 971
or email
ppcomplaints@health.gov.au
Australian legislation, hearings and submissions under EVIDENCE AND RESOURCES

Template of
Australian packs
See high
resolution images and latest
Australian
pack health warnings
Actual
Australian plain pack
(2013)
Typical Australian
flat pack - can be printed and folded into box for advocacy
AUSTRALIAN NEWS
Key
events timeline in the battle for plain packs from 1990
Australian
link in Big Tobacco's UK influence
May
2013: An ad-man who helped run the tobacco giants' anti-plain packs
campaign in Australia is being criticised for influencing the UK
government to back away from legislation. Key government adviser Lynton Crosby
advised the government to drop plain packaging after earlier masterminding tobacco companies' Australian
ad campaign against the health policy. New
Statesman 8/5/13 2010 report on Crosby role in
Australian anti-plain packs campaign: Sydney
Telegraph 4/8/10
Cameron's backdown a boost to tobacco industry: Oz health leaders in
BMJ
10/5/13 More:
WORLD NEWS
Cuba
joins trade challenge to Australian laws
May
2013: Cuba has become the fourth country challenging Australia's plain
pack laws in the World Trade Organization. It joins Ukraine, Honduras and
the Dominican Republic - with tobacco giants Philip Morris and BAT funding
some of the challenges. AAP/news.com
6/5/13
Tobacco
retailers claim transactions slower; evidence says faster
March
2013: Survey of 450 tobacco retailers, commissioned by Philip Morris,
finds most retailers believe plain packaging has slowed their transaction
times. Australian
7/3/13 But
this is contradicted by a survey of actual measured tobacco
transaction times in 100 Perth suburban retail outlets before
and after plain packs took effect on 1/12/12. Curtin Uni finds more retailers
reduced than increased transaction times. Authors suggest "If they
sincerely represent the best interests of their members and support
the future health of British citizens, national retail groups should
immediately withdraw their objections to generic tobacco packaging."
Study -
confirms earlier 2011
study
Tobacco giants spent $14m in fight against
plain packs
February
2013: The tobacco industry spent around $14m in its fight against plain
packaging in Australia. ABC analysis of funding disclosures shows
$9m was spent by BAT and Philip Morris to bankroll the Alliance of
Australian Retailers campaign; plus an extra $4m media spend by Imperial,
a further $500,000 by Philip Morris on media, and smaller amounts. ABC
news 1/2/13
Liberal
Senator linked with tobacco and gun lobby groups
January
2013: Key Liberal Senator Cory Bernardi linked with powerful
lobby groups: American Legislative Exchange Council and Heartland
Institute - both connected with campaigns against tobacco and gun
regulation. The Senator had four US trips paid by the groups, some around the time
of the tobacco industry's High Court challenge and aggressive lobbying
against plain packs. He opposed
one of the plain pack bills in parliament in 2011. He defends not declaring the links, denying conflict of interest. AAP/Australian
27/1/13
Quit
ad says "you can't hide the harm"
December 2012: New mass media quit smoking
campaign makes the point that whatever you do to cover the health warning
on the packet, you
can't hide the health harm. Quit
ad 19/12/12 Tobacco
industry's "whiff of desperation" at early impact of plain
packs: SMH
op ed 8/1/13
Plain
packs in force - and already a turnoff for smokers
December 1, 2012: In a world first,
mandatory plain standardised packaging of tobacco takes full
effect throughout Australia - and is already turning off smokers. The
reform scores worldwide media attention, with UK, NZ
and other governments poised to follow. ASH
Australia release 1/12/12
BBC
World News 1/12/12 with ASH Aust comment AFP
report in China Daily 3/12/12 with ASH Aust comment
Smokers affected by plain packs but still mistrust health evidence: QuitVic
release 30/11/12 Perception
is everything, explains marketing expert: ABC
Drum 3/12/12
CCTV
China report in English 2/12/12 with ASH Aust comment
TF1
France report in French 4/12/12 with ASH Aust comment
Tobacco
industry skirts plain pack law to brink of deadline
November
2012: Tobacco giant British American Tobacco is forced to remove
non-compliant markings from its cigarettes on brink of plain packaging
deadline December 1. Three-letter watermarks indicating cities lashed by Health Minister Plibersek as "cigarette
companies trying to push the boundaries". ABC
News 29/11/12
High
Court's 6:1 judgment: plain packs not unconstitutional, no
acquisition
October 2012: Australia's High Court publishes full
judgment in 6:1 decision backing plain pack legislation against constitutional challenge by tobacco companies. Court finds the legislation valid; not
amounting to acquisition of tobacco industry property; not leading to Government or anyone else obtaining
proprietary benefit or interest. JTI and BATA vs
C'wealth: High Court judgment 5/10/12
Comprehensive
win, says McCabe
Centre for Law and Cancer 5/10/12
Big
3 plain packs response: reassurance, more descriptors, subliminal ploys,
protest
September 2012: In leadup to plain
packs changeover starting Oct 1, Big 3 tobacco companies launch
new packaging
and retailer briefings. BAT will have at least 38 descriptors on its
brands. All companies reassure unchanged "quality", remind
retailers of legal responsibilities to comply. Philip Morris urges continued
protest. An Imperial brand makes shrewd subliminal connection with plain pack design.
BAT, Imperial flyers to retailers; Philip Morris pack inserts: ASH
PACKWATCH Health
Minister Tanya Plibersek says industry response a "sick
joke", warns attempts to save brands by catchy
taglines won't work. SMH
12/9/12 Health
Dept provides info to retailers. EVIDENCE
& RESOURCES
High
Court rejects legal challenge to plain packs
August
2012: Australia's High Court rejects four tobacco giants' legal
challenge to plain pack laws, ruling the legislation is not
unconstitutional. Companies ordered to pay government's
costs. High
Court decision summary 15/8/12
Newly manufactured packs must
comply by Oct 1, all non-compliant packs to be off shelves by Dec 1.
Health leaders welcome decision as victory for public health against industry's
aggressive, deceptive scare campaign.
ASH Australia release 15/8/12 Government
delighted: ABC
News 15/8/12 with videos of Minister Roxon, McCabe Centre legal comment
Tobacco industry responses under "PLAIN PACK ATTACK"
Reaction from SE Asia health community: SEATCA
15/8/12 Roundup of worldwide reactions, comment and future steps
at Croakey
health blog VicHealth chief: Plainly
No need to feel sorry for Big Tobacco Where to now?
ASH comments in Open
Forum 22/8/12 Bring on the end but not a total ban now -
Prof Mike Daube in The
Conversation
Metal
jacket move to cover plain packs
May 2012: Tobacco companies warned
against distributing metal covers to hide new plain packs and health
warnings. One brand is distributing tins like this
(spool down, Packwatch Jan 2012) - Health Minister Tanya Plibersek warns
these won't comply with new laws from December 1. Minister also
announces tough new penalties for tobacco smuggling. Melbourne
Age 31/5/12
Roxon
honoured in Washington for plain packs fight
May
2012: Australian Attorney-General and former Health Minister Nicola
Roxon has been honoured in Washington as "Global Champion" of
tobacco control, for leading the fight for plain tobacco packs.
Sydney
Morning Herald 17/5/12
Tobacco
giant in sneaky ad for cut-price cigs
May
2012: British American Tobacco releases new cut-price cigarette brand, selling for
just $11.50 per 25-pack. A thinly-disguised advertisement, using flaky claims of illicit trade as
excuse; also an attempt to undermine plain packaging and tobacco tax
increases. BATA release 17/5/12 (not
online) Telegraph/news.com
17/5/12 including BATA and AMA
comment How
Tele was sucked in: Crikey
17/5/12
Tobacco industry beats illicit trade drum
again
May 2012: Australia's tobacco giants
renew wild claims of rising illicit trade in leadup to plain pack laws taking effect. Deloitte report commissioned by
"Big 3" claims counterfeit/contraband tobacco, fuelled by pack reform,
tripled in a year, costing $1b lost tax - claim
unsupported
by independent evidence. Telegraph,
Sydney 3/5/12
Deloitte
report May 2012 and for the
facts: Quit
Victoria critique
Tobacco companies fund international
challenge
April 2012: Australia's
Big Two tobacco companies, Philip Morris and BAT, admit funding
legal costs of two countries, Ukraine and Honduras, threatening challenge in
World Trade Organization to Australia's
plain pack bills. Financial
Times 29/4/12 More in earlier reports below
High Court considers plain packs verdict
April 2012: High Court hearings in the constitutional challenge by tobacco companies against
Australia's plain packaging legislation. Court now considers verdict. Guardian
UK 20/4/12 Update
with ASH Australia comment on
plain packs and other issues: British
Medical Journal 19/4/12 Transcripts
of pre-hearing submissions and hearings here
- see especially Feb and April under BAT, Philip Morris,
ITA, JTA

Company wants compensation for reduced
death and disease
April 2012: A tobacco company suing Australian government over plain packaging,
Japan Tobacco International, tells High Court in pre-hearing submission if mandatory plain
packs lead to reduced health costs, government should compensate JTI for
this benefit of "acquiring" brands. SMH
14/4/12
Cartoon by Grant Hocking, ASH
NZ
Government submission takes on Plain Pack
Attack
April 2012: Australian Government
lodges plain packaging submission to High Court for hearings from April 17.
Tobacco giants are challenging
legislation to take full effect December 1. Government
says it is restricting, not "acquiring" tobacco trademarks as
claimed by companies. SMH
6/4/12
Honduras joins Ukraine in WTO
complaint
April 2012: Honduras complains to World Trade
Organization, claiming (along with Ukraine - see below) that Australia's
plain pack laws violate global intellectual property rules. Bloomberg
news 4/4/12
Ukraine complains but Australia
"ready to defend any challenge"
March 2012: Ukraine complains to World Trade Organization, claiming Australia's plain pack laws violate
global intellectual property rules. But Australia "prepared to
defend any challenge" to its landmark legislation, says Trade Minister. Bloomberg/SMH
15/3/12
Text of Ukraine's WTO complaint (WT/DS434/1) is here
Ukraine
has not traded with Australia since 2005. SMH
27/3/12
Analysis
of Ukraine's complaint by legal expert Benn McGrady at O'Neill
Institute trade blog 20/3/12 See
above, News April 2012 for source of funding for this challenge - surprise
surprise!
Leaked briefing recommends Philip Morris
should encourage WTO complaint
March
2012: Leaked security briefing to Philip Morris from Wells Fargo Security,
Dec 2011 says:
Aside from claiming violation
under the Hong Kong Bilateral Treaty, there are two additional legal avenues
PM can pursue: (1) initiating legal action in Australia’s domestic courts.... under the grounds that the plain
packaging law is unconstitutional and/or 2)
urging a country or countries that trade with Australia to file a WTO action
claim arguing that the plain packaging law would put Australia’s trade
partners at a disadvantage (this is not an action that PM can initiate).
Wells
Fargo Security briefing Dec
2011, obtained
by ASH Australia
March 2012
Tobacco companies deny health evidence in
plain packs case
March 2012: Australia's major tobacco
companies "denied the content" of "barrow loads" of
health evidence on tobacco harm in lead-up to plain packs High Court challenge.
Presenting documents, they
either argue health evidence is in dispute or irrelevant to their
constitutional case. SMH 13/3/12
Non-cigarette plain packs regulations
released
March 2012: Australian Government releases amendments to Plain
Packs regulations, extending them to non-tobacco products like
"rollie" and cigars. ASH and other health groups made input into
this consultation. Regulations
and explanatory
statement Earlier
submissions including ASH
Study confirms wisdom of standardising
stick design
March 2012: New Australia plain pack laws will also standardise cigarette stick design -
wise move,
confirmed by Australian research showing this is a factor in brand
appeal. Authors conclude "comprehensive policy... needs to include rules
about stick design." Abstract
Industry's
massive FOI impost on taxpayer
February
2012: Australian Secretary of Health Jane Halton, details the extent of Freedom
of Information requests made by big tobacco and the massive
costs involved. See pages
121-22.
Government files High Court defence
February 2012: The Gillard Government has filed its defence against
the tobacco industry's High Court challenge to plain packaging, saying
there's no intention to "acquire" tobacco company brands but
merely to restrict their use. Sydney
Morning Herald 8/2/12
and Attorney-General Roxon media release 8/2/12 "High Court defence
filed"
Top silks to act for Big Tobacco against
plain packs
January 2012: Eleven
senior counsel will represent tobacco companies in their legal challenge
to plain packaging - including top barristers Allan Myers QC, Alan
Archibald QC and Bret Walker SC in pre-hearing sessions. Daily
Telegraph 24/1/12
UK to launch plain packs
consultation
January 2012: UK government expects
soon to launch
public consultation on mandatory plain tobacco packs, following Australia's historic enactment of the health
policy. ASH Australia director Prof Simon Chapman tells UK health
leaders plain packs will help "make smoking history" and
"dominos are lining up". The
Guardian 24/1/12
Feb. 2012: UK tobacco giants launch anti-plain packs website
including usual discredited claims of "no evidence" and
"What next?"
Government accuses Philip Morris of
corporate "trick"
December 2012: Attorney-General Nicola Roxon says Philip Morris using "trick"
of "corporate
restructuring" in its legal challenge to plain packs. Government
asks Arbitral Tribunal to reject PM's
case under Australia - Hong Kong Bilateral Investment Treaty, because PMAsia
only bought share in Oz operation nearly a year after plain pack policy announced. SMH
22/12/11
Philip Morris International joins in High
Court litigation
December 2011: Philip
Morris International Inc. joins its Hong Kong subsidiary in suing Australian Government over plain
packs. PMI taking action in the High
Court, along with other tobacco companies BAT, Imperial and Japan
Tobacco. Philip Morris Asia launched arbitration case over the
law Nov 2011 under Australia's Bilateral Investment Treaty with Hong
Kong. Law360
20/12/11
Philip
Morris release 20/12/11
JTI joins High Court
action: PRNewswire
14/12/11
Roxon will continue plain packs fight as
Attorney-General
December 2011: Nicola Roxon, promoted
from Health Minister to Australia's first female
Attorney-General, promises to use her legal skills to "take the fight
up to big tobacco" to defend plain packs. New Health Minister is Tanya Plibersek,
promoted to Cabinet. Prime
Minister Gillard release 12/12/11
Herald
Sun 12/12/11 Roxon media statement 12/12/11
(not online)
UK will begin wide consultation on plain
packs
December 2011: The UK government will
start a wide-ranging consultation by the end of this year on plain tobacco
packaging options, following Australia's landmark decision.
Reuters
6/12/11 New
Zealand also keen to move: 3news
NZ 12/11/11
Plain pack laws enacted as Big Tobacco
sues
December 2011: Australia's
plain packaging legislation has Royal Assent. Preliminaries begin, tobacco
companies have a year to comply by December 1, 2012. Minister
Roxon says cigarette packs will
now be "a stark reminder of the devastating health effects
of smoking." As expected, BAT and Imperial lodge High Court suits
- joining Philip Morris, which launched suit in November.
Australian 1/12/11
Minister
Roxon release 1/12/11 Imperial High Court action:
MSNBC
report 5/12/11
Coalition mostly favoured tobacco industry
in parliament debates
December 2011: Hansard transcripts of
Australian parliamentary debates on plain packaging from July to November
2011 show Coalition MPs mostly supporting views promoted by the tobacco
industry. ASH
analysis 6/12/12
Bills passed by Australian Parliament
November 2011: Australia's tobacco plain
packaging bills passed by Parliament, to take full effect December 1, 2012. Philip Morris
sues as threatened, though seen by
independent legal experts as unlikely to succeed. Minister
Roxon release 21/11/11
"Tobacco diseases can be prevented if countries unite":
ASH
Australia media release 21/11/11 Philip
Morris sues: PM
Asia release 21/11/11 Tobacco.org
news 21/11/11
NZ "actively considers" following
Australia into plain tobacco packaging
November 2011: New Zealand's government "actively
considering" following Australia's lead and introducing plain tobacco
packs. Tobacco industry already threatening the kinds of
legal action assessed as "unfounded" and "vexatious" by Australian independent legal experts. 3news
NZ 12/11/11
Australian bills passed by Senate
November 2011: Australia's plain packaging bills pass the Senate - now
return to the House of Reps for final rubber stamp. Guardian,
10/11/11 Plain
packs "triumph": ACOSH-PHAA
release 10/11/11 GPs welcome "gutsy" reform: AGPN
release 11/11/10 Report in Nature
11/11/11
42-NGO call for speedy Senate passage
after plain packs delay
November 2011: 42 NGOs urge speedy Senate passage of the plain tobacco packaging
bills. Date of
full effect has already been delayed five months (see
below), after holdups in the
Senate. 42 NGOs support
speedy passage: ASH
/ Protecting Children from Tobacco release 4/11/11 Government
pushes Nov 10 Senate
vote: Sky
News 3/11/11 Date of effect delayed: The
Age, Melbourne 2/11/11
Revised timetable for legislation taking
effect
November 2011: Federal Government revises timetable after Senate delays.
Preliminary
stages will now start from
Royal Assent (was 1 Jan); offences re Australian manufacture of non-compliant product
from 1 Oct
2012 (was 20 May); all tobacco in plain packs from 1 Dec (was 1 July). Plus minor Government amendment to permit rounded corners
on inside lip of packs. ASH
Government
seeks input on non-cig products and pack warnings
October 2011: Public consultation ends on proposed plain packaging for
non-cigarette tobacco products - cigars, cigarillos, roll-your-own, pipe tobacco. Non-cigarette regulations
to be finalised before new plain pack laws take effect. Consultation
paper Separate review of proposed expanded pack
health warnings
being undertaken by ACCC after public input ended October 17. Consultation
Australia reassures World Trade
Organization on plain packs
October 2011: World Trade
Organization debates Australia's tobacco plain pack bills. Some
tobacco-producing countries claim the law would violate TRIPS
Agreement obligations, but many countries back overriding public health policy rights.
Australia assures WTO members the policy will not violate TRIPS and will be effective in reducing smoking. WORLDWIDE DEVELOPMENTS
Australian bills delayed again
October 2011: Passage of Australia's
Plain Pack bills held up in the Senate in fierce debate over a carbon tax. Health Minister Roxon
accuses the Opposition of "delaying tactics" and
"playing into the hands of big tobacco" and warns implementation may now be delayed. The
Australian 13/10/11
WHO chief slams industry Dirty Tricks
against plain packs
October 2011: World Health Organization Director-General Margaret Chan slams
tobacco industry for "dirty tricks" in trying to block tobacco-free policies
worldwide, and false claims that plain packs violate international
trade obligations. Urges all countries to "stand firm together, do
not bow to pressure... we must never allow the tobacco industry to get the
upper hand". AFP
report 11/10/11
Canada passes
larger pack health warnings as world applauds Australia
September 2011: Canada approves bigger graphic health warnings on tobacco packs, as world leaders welcome
Australia's plain packs move. Canada will put graphic warnings
on 75% of both front and back of packs by June 2012. Australia is first to
adopt plain packs, but Canada along with
many other countries has expressed interest in doing so. American
Broadcasting Corp report 29/9/11
Tobacco legal
challenges "huff and puff" and "largely vexatious"
September 2011: Tobacco industry legal case against plain packs dismissed as "huff and
puff" by Health Minister, "vexatious"
by legal experts. Minister
Roxon rejects industry threats, quotes
expert opinions that the bills align with
international law. Minister
release 14/9/11
ANU expert in intellectual property law tells Senate inquiry tobacco industry threats "largely
vexatious", bills consistent with Australian laws, treaty
commitments; Big
Tobacco claims
for compensation billions "outlandish", "greedy" in light of its "untold damage" to health.
ANU
release 14/9/11
BATA exploits
refugee controversy to question plain pack legality
September 2011: BAT Australia places full-page ads in major newspapers exploiting legal
controversy
over refugee policy to cast doubt on legality of plain tobacco packaging
bills. The ad asks "Is the government's legal advice on shaky
ground?" BATA
ad in Sydney Telegraph 7/9/11, p. 22
BATA challenges
bills in High Court
September 2011: British American Tobacco
Australia (BATA) applies for special leave to appeal in the High Court
to gain access to government legal advice on the plain pack
bills. BATA warns it will immediately mount a High Court challenge
to the bills if passed by the Senate. BATA
release 5/9/11
Lower house
passes landmark bills
August 2011: Australia's House of
Representatives passes both Tobacco Plain Packaging bills. All parties and independents supported
the main bill; the Liberal/National parties opposed the Trade Marks bill,
which was referred to a Senate inquiry. Minister
Roxon release 24/8/11 House of Reps Hansard proof 24/8/11
- pp. 22-99 with voting at pp. 98-99. The Plain Packs bill was supported
unanimously. A Liberal amendment to allow some
trademarks on smaller surfaces was defeated, and the Trade
Marks Bill supported, in both cases by majorities of 5 - the ALP,
Greens, independents Oakeshott, Wilkie and Windsor, and Independent WA
National Crook all combining to defeat the Liberal/National Parties; Independent Katter
not present or abstaining.
Leading
Australians back plain packs
August 2011: 260 health and medical
professors including four Australians of the Year write to Federal
MPs urging them to end the long delay and pass the plain packaging
bills. The
Australian 24/8/11
and Cancer
Council Australia media release 24/8/11
Inquiry
endorses plain packs: now get on with it, say health groups
August 2011: ASH Australia and Heart Foundation welcome House of Representatives inquiry report
endorsing pack bills - and urge parliament to get on
with passing them. After lengthy public consultation and the inquiry, Parliamentary Standing Committee on Health and
Ageing unanimously recommends passage of both bills. ASH
/ Heart Foundation release 22/8/11
... but Senate sends trademarks
bill to further inquiry
August
2011: The Senate sends one of the
Plain Packs bills to yet another inquiry - this time to check constitutionality. The Trade Marks Amendment (Tobacco Plain Packaging) Bill
2011 amends the
Trade Marks Act 1995 to allow regulations on
plain packaging so businesses are not prevented from
registering or protecting trademarks. Inquiry
site
The Opposition gives its support for the substantive Plain Packaging Bill,
but not the Trade Marks Bill - saying it is
"unnecessary". Sydney
Morning Herald 17/8/11
Public support for plain packs down but
still ahead
August 2011: Public support for plain
packaging has been eroded by the tobacco industry's multi-million dollar
mass media scare campaign - but at 48% is still well ahead of opposition
(38%) says Newspoll survey. The
Australian 20/8/11
Tobacco
loses bid to see government's privileged legal advice
August 2011: BAT and Philip Morris fail in legal actions to gain access to government legal advice on plain
packs, ruled legally privileged by the Admin Appeals Tribunal and Federal Court.
Philip Morris lost its action in the AAT, which ruled the advice legally
privileged and no overriding public interest in revealing it.
Canberra
Times 20/8/11 and
AAT
decision 15/8/11 in Philip Morris Limited v Prime Minister
[2011] AATA 556 on FOI application by PML June 2010 for access to
documents held by Prime Minister's office. BATA was joined as
party to PMI's appeal to the AAT; but Full
Federal Court appeal lodged by BATA alone, seeking
access to 1995 legal advice held by Dept of Health and Ageing - Bloomberg
news 3/8/11
... this appeal was also lost - Federal
Court decision published 23/8/11.
BAT "disappointed", may appeal to High Court
- Melbourne
Age 23/8/11
Indonesia,
Mexico complain plain packaging will "hurt trade"
August
2011: Indonesia and Mexico submissions to Australian parliamentary inquiry
complain that mandatory plain tobacco packs are "unnecessarily restrictive" and a "barrier" to their
tobacco trade. Melbourne
Herald Sun 16/8/11 and
inquiry
submissions - Indonesia no. 56, Mexico no. 58
BAT
bull, bullying, bluff and bafflement in plain pack hearing
August
2011: British American Tobacco Australia chief David Crow tells parliament hearing
proposed plain packs timetable "impossible", will
cause shortages, feed black markets. Health leaders say industry "bluffing" after years of warning. Melbourne
Age, 5/8/11 Also
addressing House of Reps committee: National Preventative Health Agency,
Health Dept, health groups - who outline worldwide evidence, warn tobacco industry claims
can't be trusted. Inquiry
site including transcripts
More on the BAT testimony in TOBACCO INDUSTRY'S
"PLAIN PACK ATTACK"

Roxon stands up to Big
Tobacco
Health Minister's gutsy fight with
the tobacco industry to introduce plain packaging
Australian
Financial Review Magazine feature 29/7/11
National
survey of illicit tobacco use shows industry claims fanciful
July 2011: National government
survey of over 26,000 contradicts tobacco industry claims on extent of illicit tobacco. 2010
National Drug Strategy Household Survey shows only 1.5% of smokers use loose
unbranded "chop chop" more than half the time, only
4.9% use at all (down from 6.1% in 2007); just 4.6% of smokers
believe they may have bought counterfeit cigs even once a month.
Demolishes tobacco industry claim that 16% (and rising) of tobacco
sold in Australia is illicit.
2010
AIHW survey
Tables 3.11 & 3.12, pp.39-40 Compare
tobacco-commissioned Deloitte
report, Feb 2011
Big
Tobacco misleads retailers; offers Fiji hols for pushing
July 2011: Some retailers are concerned at misleading flyers distributed
to them by
Imperial Tobacco urging them to protest about plain packs to current House of Representatives inquiry.
Meanwhile BAT Australia criticised by ASH for offering Fiji holidays to
retailers pushing tobacco. Imperial
flyers BAT
retailer Fiji promotion and Telegraph
report 24/7/11
Australia's
plain packaging legislation introduced
July 2011: Australia's world-first legislation to fully mandate
plain packaging of tobacco by July 2012 is introduced to parliament -
expected to pass both houses of parliament later in the year. ABC
news report 6/7/11
Read the two bills here
and here
- and all submissions
to public consultation
The legislation was referred
to a House
of Reps Committee which
took more submissions and is expected to report
to the House when it resumes on August 16.
NZ
backs Australia over plain packs move
June 2011: New Zealand government supports Australia's move to mandate
plain tobacco packs, hopes to follow suit. Assoc. Health
Minister Tariana Turia is "very supportive of Australia's initiative and it is our expectation
that New Zealand will inevitably follow their lead." stuff.co.nz
report 29/6/11
Tobacco
industry continues bull and bullying against bill
June 2011: As the Australian government
prepares to introduce legislation after public consultation, the tobacco industry
continues to mislead and threaten in its bid to derail the key health
policy.
-
Philip
Morris launches legal action against the government, claiming the
bills breach a 1993 Australia-Hong Kong bilateral trade agreement.
Philip
Morris release 27/6/11 Australian 27/6/11
Philip Morris suit "frivolous treaty shopping": ANU
legal experts Canberra
Times, 28/6/11
-
Imperial Tobacco
launches "No Nanny
State" campaign: media ads, website,
MP postcards
and lifesized
cutouts carpet-bombed into retailers nationwide. "Nanny State" line
ignores evidence
showing plain packs will
discourage uptake by children - main
source of smoking recruitment. "Nanny
State" pure fairytale: SMH
online 28/6/11
-
British American
Tobacco pushes for delay - 1/7/12 start date "unworkable",
"unrealistic" says BAT submission to consultation. Australian 8/6/11
BAT launches Illicit
Tobacco site with inflated, fanciful
"costs" of illicit trade to individual electorates - drawn from flawed Deloittes report commissioned by
Big Tobacco. See
critique
of report
Coalition
backs plain packs bill as Minister wins world awards
May
2011: Liberal leader Tony Abbott says Opposition will not oppose plain
packs bill - will move
amendments but not oppose the bill if they fail. ABC
news 31/5/11 Multipartisan support
"breath of fresh air, especially for children": ASH, 42 NGOs. ASH
/ Protecting Children from Tobacco release 31/5/11
Also on World No Tobacco Day (May 31), Health Minister Nicola Roxon wins world
(WHO) and Australian (Nigel Gray) tobacco control awards for her stand
on plain packaging and other health policies. Transcript
of presentations, Canberra 31/5/11

Plain
packs focus eyes on health warnings: study
May
2011: UK study of eye movements of non-and-occasional
smokers shows they're more likely to look at health warnings on plain
than branded packs. For less frequent smokers (e.g. children,
quitters), plain
packs "increase visual attention
towards health warning information and away from brand information."
Abstract
and
Guardian 30/5/11
Support
for plain packs outnumbers opposition by over 2:1
May 2011: Public support for
plain tobacco packaging withstands tobacco industry's multi-million mass
media onslaught. Community support still
outnumbers opposition by more than 2:1, 59% to 24%, says Newspoll phone survey of
1200 Australians. ABC
News 29/5/11
Malaysia
lobbied to derail Australian bills
May 2011: A high-powered US
consultant linked to the tobacco industry has lobbied Malaysia to oppose
Australia's plain packaging laws, and powerful US congressmen are
helping the industry use its "global economic power" to block
the world-first bill. ABC
news report 26/5/11
Australia
leading the war on tobacco, says WHO regional chief
May 2011: Australia's plain
packaging bill "would set new global standards and encourage
governments in the Asia Pacific Region to also get tough with the
tobacco industry" says the WHO's Western Pacific Regional Director
Dr Shin Young-Soo. ABC
The Drum opinion 26/5/11
Three Coalition MPs support plain packs bill - pressure grows on Abbott
May
2011: Three Coalition MPs say they'll cross the floor to vote for the plain
packs bill, putting pressure on Opposition Leader Tony Abbott to ensure multi-partisan
support. Other
Liberal MPs expected to follow suit. SMH 24/5/11
and Dr Washer in Age 22/5/11 Ken Wyatt later
says he might not cross; but WA independent National MP Tony Crook weigh in, so
still 3 coalition MPs support. SMH
24/5/11
Research
review shows two decades of evidence for plain packs
May
2011: Review of two decades of plain packs research oshows they'll improve effectiveness of health warnings, reduce misconceptions
and appeal, especially to children. Quit/Cancer
Council Vic review also finds no legal
barriers; tobacco industry claims on illicit trade
"exaggerated and misleading." Evidence
review 2011
Minister:
We won't be intimidated by false tobacco trade law claims
May 2011: Trade
Minister Craig Emerson blasts tobacco companies'
"false" claims plain packs would
breach trade agreements. Australia "won't be threatened or intimidated by big
tobacco" or "subjugate...
national sovereignty in any trade agreement." Australian 19/5/11
Legal EVIDENCE
Victorian
Liberal government joins NSW to back plain tobacco packs
May 2011: Victorian
government declares support for mandatory plain packs. SkyNews
18/5/11
Joins NSW Coalition government - declared support on May 6.
NSW
Health Minister release 6/5/11
World-first draft legislation
tabled: Government
consultation paper and draft bill
April
2011: ASH Australia and many others welcome world-first plain pack bill as lifesaving policy to end marketing of
disease in glossy boxes. Draft bill would mandate generic packaging of all tobacco products
by July 2012. Minister's release 7/4/11
AAP/SMH
report 7/4/11
ASH congratulates Minister,
Government for putting health first; urges all parties to support. ASH
release 7/4/11
Minister
recommits to plain packaging policy
Feb. 2011: Health Minister
Roxon says government "absolutely determined" to
mandate plain packs by July 2012.
Roxon
on ABC Lateline 13/9/10 Minister says
other countries look to Australia; tobacco industry
fights "tooth and nail" but "inevitable". Sydney
Morning Herald 15/10/10
Health
groups' counter-campaign
August 2010: Health groups hit back, asking "Who's pulling the
strings?" in ad campaign countering the tobacco industry ads.
See health
groups' counter-ad ABC-TV "Gruen Transfer" discussion on
YouTube
World-first
legislation flagged
April 2010: Australian
government announces plain packaging of tobacco products to take full
effect by July 2012 - first country in the world to set a deadline. See below,
BACKGROUND Tobacco companies immediately
launch
mass media campaign against
it. See below, TOBACCO INDUSTRY
Preventative Health
Taskforce recommends plain packaging
2009: Taskforce report says Australia should adopt mandatory
plain packaging and larger health warnings. Action
Area 5, pp. 181-5 of NPHT
2009 report tobacco chapter
Youth call for plain
packaging
2009: Youth groups call for plain packaging of tobacco products on
National Youth Tobacco Free Day. See
Cancer
Council ACT media release 27/3/09
AUSTRALIAN
BACKGROUND
After a recommendation from the 2009
report of Australia's National Preventative Health Taskforce, on April 29,
2010 the Australian
government announced plain packaging of tobacco products would be fully
implemented by July 2012. Australia was the first country in the world to set a deadline.
ASH Australia and others hailed the decision as a major step in the
fight against tobacco. Government
announcement and ASH release
29/4/10
Health Minister Roxon and then-PM Rudd announce the plain pack
commitment, 29/4/10
In the leadup
to Australia's 2010 federal elections, the three major
tobacco companies (BAT, Philip Morris, Imperial) poured $5m into a
misleading mass media ad
campaign against plain packs, fronted by hastily-formed
"Australian Alliance of Retailers" (AAR). ASH
(release 4/8/10) and other groups, and six
Australians of the Year (statement 11/8/10)
condemned the campaign, urged all parties to honour July 2012 deadline commitment.
ALP and
Greens reaffirmed support; Liberal/National parties agreed to "consider" it.
Meanwhile the
campaign split the retail sector. Major supermarket Coles dissociated
themselves from it.
Daily
Telegraph 11/8/10 Woolworths
followed, repudiating retail groups' "deceptive behaviour"; one umbrella group, Australian Association of
Convenience Stores, also withdrew. Telegraph 13/8/10.
Health groups
including ASH wrote to ACCC objecting to the "misleading and deceptive" campaign; noted AAR
hastily formed with
sole shareholder and sham address, and tobacco industry, not small
retailers, were the driving force. Melbourne
Age 14/8/10
Early
history: Key
events timeline in the battle for plain packs from 1990
1990:
Seventh World Conference on Tobacco or Health, Perth, Conference
Resolutions included:
Generic
Packaging: Given
the importance of package designs in promoting tobacco products, this
Conference endorses the concept of mandatory generic packaging of all
tobacco products, and urges all countries to include generic packaging in
their tobacco control legislation.
Ref:
Durston B, Jamrozik K (eds). Proceedings of the Seventh World Conference
on Tobacco and Health, April 1990. Conference Resolutions, 1990;965–966.
WORLD NEWS
See also History
of Plain Packaging: world timeline from 1986-present
Plain packs
shelved by UK government under tobacco influence
May
2013: UK government backs away from legislating on plain tobacco packaging
- pulled from expected appearance in Queen's speech after aggressive
tobacco industry campaign (see below). PM Cameron expresses concern over
possible impact on packaging industry, but health leaders point to
influence of Big Tobacco including key government adviser and former Australian anti-plain packs
campaign chief Lynton Crosby.
UK
Telegraph 8/5/13
New
Statesman 8/5/13
SMH
3/5/13
Tobacco role "serious conflict of interest" and treaty breach,
says ASH
UK -
see 8/5/13 with links to other media
2010 report on
Crosby role in Australian anti-plain packs campaign: Sydney
Telegraph 4/8/10
Cameron's backdown a boost to tobacco industry: BMJ
10/5/13
So
here's what we're back to, thanks to Mr Crosby and Mr Cameron: tobacco
packs that are seen by kids as
"a wonderland of happiness".
Campaign
and video
Cuba
joins trade challenge to Australian laws
May
2013: Cuba has become the fourth country challenging Australia's plain
pack laws in the World Trade Organization. It joins Ukraine, Honduras and
the Dominican Republic - with tobacco giants Philip Morris and BAT funding
some of the challenges. AAP/news.com
6/5/13
UK
plain pack attackers' tobacco links outed
April
2013: Links revealed in UK between two ex-police anti-plain
pack campaigners and tobacco company BAT, throwing into doubt lobbyists' claims of "independence". Health leaders
accuse BAT of being less than transparent about the connection. UK government
expected to announce soon if it will follow Australia
in mandating plain tobacco packaging. The ex-policemen had claimed terrorist groups would benefit from increased illicit tobacco they
said would result. Guardian
28/4/13
UK
tobacco company ordered to withdraw "misleading" ads
April 2013: British tobacco company
Gallaher Ltd, owned by Japan Tobacco, ordered by UK Advertising Standards Authority to withdraw anti-plain packaging
ads found "unsubstantiated" and "likely to mislead".
Ads made false claims that
"black market
in tobacco is booming" and that plain packs (under consideration
in UK) would add to it. ASA
ruling 17/4/13 Yahoo
news 13/3/13
Scotland
commits to plain packs
April 2013: Scottish government
commits to introduce mandatory plain tobacco packaging as part
of a commitment to reduce smoking to under 5% by 2034. Scotsman
2/4/13
UK report: "no good evidence"
plain packs boost illegal tobacco
March 2013: All-party UK
parliamentary inquiry rejects tobacco industry claims, finds "no good
evidence... that standardised packaging will lead to an increase in
illicit trade." Makes similar finding on tax increases and other
tobacco control policies.. UK
inquiry report - see summary pp. 8-10
NZ
will mandate plain packs
February
2013: New Zealand will legislate this year for mandatory plain tobacco packaging, but may delay implementation pending outcome of World Trade
Organization challenges. Announcement by Associate Health Minister Tariana Turia
follows public
consultation 2012 including 20,000+ submissions. Tobacco
industry makes usual threats of dire consequences.
NZ
Herald 19/2/13
Philip
Morris response 19/2/13
BATNZ
response 19/2/13
Imperial
Tobacco response 19/2/13
NZ
plain packs consultation
and Submissions
UK
tobacco industry wheels in big guns to lobby against plain packs
2012: UK health campaigners concerned about tobacco industry employing
two powerful lobbying companies to mastermind fight against plain packs,
now under UK government review. One firm, Crosby Textor, also employed by Conservative Party and
linked to Australian Liberal Party, ran the industry's unsuccessful
campaign against plain packs in Australia.
Guardian
Weekly 2/12/12
EU
working on plain packs proposal
2012: European Union "working on a proposal" that might see
plain packaging of tobacco made compulsory across Europe, following
Australia's defeat of a tobacco industry legal challenge. France24news
16/8/12
UK consultation ends
2012: UK government's public consultation on mandatory plain tobacco
packaging ends. The inquiry will now report to the government. Guardian
10/8/12 UK
government consultation site
ASH Australia
director Prof Simon Chapman tells UK health leaders plain packs will
help "make tobacco history". Guardian 24/1/12
UK
plan and more details
2010
White
Paper
Excerpts
from Philip Morris, BAT and Imperial submissions to UK consultation
with links to full submissions
India
considers plain packs
2012: India's Health Department is pushing for mandatory plain tobacco
packaging to increase the impact of recently introduced graphic packet health
warnings. An expert Australian report has told the Indian government that
plain packaging can help reduce youth smoking. Zeenews
23/7/12
NZ
launches plain packs consultation
2012: On the heels of
Australia's plain packaging move and UK's consultation, New Zealand launches public consultation on mandatory plain tobacco packaging. NZ
Associate Health Minister Tariana Turia says it's logical next step and feels confident it can be done. TVNZ/OneNews
23/7/12 International submissions welcome until October 5
at NZ
plain packs consultation
Dominican
Republic joins WTO challenge
2012: The Dominican Republic has
joined Ukraine and Honduras in challenging Australia's plain packaging laws in
the World Trade Organization. The tobacco industry has encouraged
tobacco-growing countries to mount the challenge. SMH
20/7/12
Powerful
tobacco allies fund world campaign to block plain packs
2012: Powerful US corporate alliance with
tobacco, climate denial and Tea Party links is funding world campaign to
derail plan packs. American Legislative Exchange Council (ALEC) now targeting UK, where
government extends public consultation
deadline to end-August. Guardian
UK 15/7/12
UK
plain packs consultation opens
April
2012: The UK government has opened its public consultation on standardised
packaging of tobacco. Public input opened on April 16, set to closes July 10 (later
extended to end-August). Health Department also commissioned independent review of evidence. UK
consultation site
Europe
considers plain pack reform
April 2012: The European Commission is considering making plain tobacco
packaging mandatory across Europe. Australia's Ambassador to EU Dr Brendan
Nelson hopes the Australian reform will encourage Europe to
follow. Euronews
report
British
PM promises tobacco-connected advisers won't influence plain packs policy
March
2012: UK Prime Minister David Cameron promises a recently-appointed
adviser with tobacco industry connections won't influence government
decisions on tobacco plain packaging. Industry
apologist John Luik has been given a government advisory post, but the PM
says he won't be involved in plain packs policy currently under review.
Independent
13/3/12
Tobacco
uses think tank mouthpiece to push plain packs objections
February 2012: Tobacco industry uses right-wing think-tanks in UK to
push anti-plain packaging line - as it did in Australia. Report
by Adam Smith Institute uses standard tobacco industry
arguments of "no benefit to health, will boost illicit
trade, will set dangerous trademark precedent". ASI partly
funded by tobacco industry. ASH
UK release 20/2/12 NB: ASH Australia not affiliated with ASH
UK
Australia
outlines treaty obligations
2011: Australian Health
Minister Nicola Roxon explains how the plain pack law will "give
effect" to obligations under the WHO Framework Convention on Tobacco
Control (FCTC), including:
-
Article
5 requires signatories to develop/implement comprehensive
national tobacco control strategies, programs; effective legislative, other measures to prevent/reduce tobacco
consumption, addiction, smoke exposure.
-
Article
11 requires effective measures to ensure packaging does not promote tobacco
by being false or misleading about characteristics, health effects, hazards,
emissions.
-
Article
13 requires comprehensive bans on tobacco
advertising, promotion, sponsorship.
Guidelines
adopted by Conference of the Parties to the FCTC for Article 11 and
Article 13 recommend governments consider introducing plain packaging.
Ministerial
memo Nov 2011
Australia
reassures World Trade Organization on plain packs
2011: World Trade
Organization debates Australia's plain pack
bills. Tobacco-producing countries
claim it violates TRIPS Agreement by stopping tobacco companies using trademarks, "hurting poor
farmers"; would "make counterfeiting easier", or
"cut costs and lower prices". But
see
EVIDENCE
Other
countries support Australia's stand for nations’ health
policy rights. WHO outlines global issue, says plain packs in
line with Framework Convention on Tobacco Control. Issue also raised in Technical Barriers to Trade
Committee.
WTO
minutes 24-15/10/11
WHO chief slams industry Dirty Tricks
against plain packs
2011: World Health Organization Director-General Margaret Chan slams tobacco industry
"dirty tricks" against tobacco-free policies
worldwide, and false claim Australian plain pack bills violate international
trade obligations. Urges countries: "stand firm together, do
not bow to pressure... we must never allow the tobacco industry to get the
upper hand". AFP
report 11/10/11
Canada passes
packet warning increase as world applauds Australia
2011: Canada approves
bigger graphic pack health warnings; world leaders welcome
Australia's plain pack move. Canada to put graphic warnings
on 75% of both front and back of packs by June 2012. Canada and others reported to be watching Australia's reform
closely.
ABC
(US) 29/9/11
Malaysia
lobbied to derail Australian bills
2011: High-powered US
consultant linked to the tobacco industry lobbies Malaysia to oppose
Australia's initiative; powerful US congressmen helping the industry use
its "global economic power" to block the world-first bill. ABC
news report 26/5/11
Australia
leading the war on tobacco, says WHO regional chief
2011: Australia's plain
packaging bill "would set new global standards and encourage
governments in the Asia Pacific Region to also get tough with the
tobacco industry" says WHO's Western Pacific Regional Director Dr
Shin Young-Soo. ABC
The Drum opinion 26/5/11
Summary of
worldwide progress on plain packs
Australia
Australian
news
2012: World-first plain legislation takes full effect by 1 December
2012 after High Court rejects tobacco
industry constitutional challenge. Tobacco industry challenges continue under
trade treaty and in World
Trade Organization but are not expected to succeed.
Belgium
(see also under Europe)
2011: Belgian Health
Minister, in response to a question in parliament, expresses
support for plain packaging, including at European Union level. French
and Dutch only, pp. 19-20 at Belgian
parliament
Europe
2012: European Union "working on a proposal" that might see
plain packaging of tobacco made compulsory across Europe, following
Australia's defeat of a tobacco industry legal challenge. France24news
16/8/12 Several European countries reported
as considering plain packs - see also under individual countries. Melbourne
Age 16/8/12
France
(see also under Europe)
2010: Introduced into National Assembly by member Yves Bur,
bill...to establish plain and standardized packaging for
cigarettes outlines specifications, Health Minister to
clarify. French
Bill
India
2012: Tobacco control taskforce and Indian Health Dept urge mandatory plain packaging to increase
impact of new graphic pack health warnings. The
Conversation 5/9/12 and Zeenews
23/7/12
New
Zealand
Feb. 2013: Government says it will
legislate 2013 for plain packs but may delay implementation
pending results of World Trade Organization challenges to Australian laws.
NZ
Herald 19/2/13
NZ
plain packs consultation
and Submissions
Tobacco industry as usual threatens legal action.
3news.co.nz
report 12/11/11 NZ Parliament Maori Affairs Committee
2010
report - see
pp. 16-18
Norway
2012: Norway reported considering plain packaging. Age
15/8/12
Turkey
2011: Turkey's government reported considering plain
packs legislation - Health Minister Recep Akdag asks regulators to work with
WHO towards beginning technical
studies. Bloomberg
News 7/9/11
United Kingdom
(see also under Europe)
2013: UK government considers legislation after public consultation 2012.
Seen as likely to approve plain packs, announcement expected May
2013. RTE
news 6/3/13 UK
government consultation site
UK
plan and more details
UK
Public Health Consortium report 2012 2010
White
Paper
EVIDENCE AND RESOURCES
The Australian legislation
The two Australian Acts introduced July 2011, passed November 2011:
Tobacco
Plain Packaging Act 2011
and Trademarks
Amendment (Tobacco Plain Packaging) Act 2011
This followed
submissions
to public consultation, May-June 2011 - many
supportive submissions from individuals, governments,
health, medical and child protection/welfare organisations including:
ASH
Australia Protecting
Children from Tobacco coalition (42 NGOs)
World
Health Organization Tasmanian
Government
... and many individuals, including Anita
Lorenz who wrote:
Time
to stop mincing words – anyone who makes any profit from tobacco, right
along the supply chain, needs to be made to understand that they are dealers
of death the same as any other drug dealer.
House
of Reps inquiry July-Aug 2011 including more submissions and hearing transcripts
House of Reps debate - Hansard proof 24/8/11 - the bills
pass the lower house
About
the laws:
Dept of Health and Ageing toll-free complaints hotline: 1800 062
971
or email
ppcomplaints@health.gov.au
Information
on the tobacco plain packaging laws
The
Department has information to retailers on complying with
the new laws. Good factsheets with
illustrations available in English, Cantonese, French, Korean, Bengali,
Arabic, Mandarin, Urdu, Farsi-Persian, Vietnamese, Hindi. DoHA
plain packs info for retailers
Tobacco
Facts: Plain Packaging of Tobacco - ASH
Australia's 2 page factsheet, 2012
Plain
packaging evidence review
- two decades of independent research, May 2011
Plain
packaging: the facts - Cancer Council Victoria
Cancer
Council Australia position statement
Quit
ad: you can't hide the harm
December 2012: Mass media quit smoking
campaign makes the point that whatever you do to cover the packet, you
can't hide the health harm. Quit
ad 19/12/12
Tobacco
industry claims vs independent research evidence
Tobacco
industry claim 1: "Plain packaging will boost illicit
trade"
2012: In run-up to plain pack laws coming into
force, Deloitte report commissioned by BAT, Philip Morris and Imperial claims counterfeit/contraband
tobacco, fuelled by pack reform, has tripled in a
year, costing a billion in lost tax. Telegraph,
Sydney 3/5/12
Deloitte
report May 2012 and
Deloitte
report Feb 2011
BAT testimony
to Australian parliament
Independent
evidence:
UK
report: "no good evidence" plain packs boost illegal
tobacco
March 2013: All-party UK
parliamentary inquiry after reviewing worldwide evidence rejects tobacco
industry claims, finds "no good evidence... that standardised
packaging will lead to an increase in illicit trade." Makes similar
finding on tax increases and other tobacco control policies.
More:
- "No good evidence" of plain
packs illicit impact, says UK
inquiry report - see summary pp. 8-10
- Quit
Vic critique
of Deloitte survey
- 2012 study finds packaging has no impact on consumer intention
to buy counterfeit tobacco. Abstract
- National government
survey of 26,000+ Australians shatters tobacco industry claims on extent of illicit tobacco. 2010
National Drug Strategy Household Survey shows only 1.5% of smokers use loose
unbranded "chop chop" more than half the time; only
4.9% use it at all (down from 6.1% in 2007); just 4.6% of smokers think they may have bought counterfeit
cigs even once a month. Contradicts industry claims that one in "5 or 6" cigs
sold in Australia is illicit. AIHW survey
Tables 3.11 & 3.12, pp. 39-40
- 2011 study of young
adults in European Journal of Public Health says plain packs will not
boost illicit trade.
Abstract
Tobacco
industry claim 2: "Plain packaging will slow transaction
times"
March
2013: Survey of 450 tobacco retailers, commissioned by Philip Morris,
finds most retailers believe plain packaging has slowed their transaction
times. Australian
7/3/13
Independent
evidence:
Plain
packaging makes retail transactions faster
February 2013: Survey of tobacco
transaction times in 100 varied Perth suburban retail outlets before
and after plain packaging took effect on 1/12/12. Finds more retailers
reduced than increased transaction times. Authors suggest re current UK
considerations: "If
they sincerely represent the best interests of their members and support
the future health of British citizens, national retail groups should
immediately withdraw their objections to generic tobacco packaging."
Study -
confirms earlier 2011
study
Legal arguments
May
2013: Detailed legal analysis by Jonathan Liberman of the McCabe
Centre for Law and Cancer of why the tobacco companies lost their
constitutional challenge to plain packaging in Australia. Published in
American Journal of Law and Medicine, May 2013. The
paper
May
2013: Cuba becomes the fourth country challenging Australia's plain
pack laws in the World Trade Organization. It joins Ukraine, Honduras and
the Dominican Republic - with tobacco giants Philip Morris and BAT funding
some of the challenges. AAP/news.com
6/5/13
October
2012: Australia's High Court rejects four tobacco companies' legal
challenge to plain packaging laws, saying the legislation is not
unconstitutional. The companies are ordered to pay the government's costs.
High
Court decision summary 15/8/12
and full decision: JTI and BATA vs Commonwealth: High Court judgment 5/10/12
Decision welcomed:
ASH Australia release 15/8/12
Government
welcomes "historic" decision: ABC
News 15/8/12 with videos of Minister Roxon, and legal comment by Jonathan
Liberman of McCabe Centre. Plain packaging is "Plainly
Constitutional": detailed legal analysis by McCabe
Centre for Law and Cancer, May 2013
Philip Morris pledges to continue international challenges after losing High Court constitutional case. The company says it will
continue its Bilateral Investment Treaty action and its support for three
countries' challenge in the World Trade Organization. Philip
Morris release 15/8/12
2012: High Court hearings
on constitutional challenge by tobacco companies against
Australia's plain pack legislation. Court now considers its verdict. Guardian
UK 20/4/12 Transcripts
of pre-hearing submissions and hearings here
- see especially Feb and April under BAT, Philip Morris,
ITA, JTA
2012: What "right" do companies have to their trademarks? What is
the purpose of a trademark? To maximise public wellbeing, not profits, say
experts. Comment in Australian
Financial review 19/4/12 by Dr Russell Thomson and Prof Beth
Webster
2012: Ukraine complains to
the World Trade Organization, claiming Australia's plain pack laws violate
global intellectual property rules. But Australia "prepared to
defend any challenge" to its landmark legislation, says Trade Minister.
Bloomberg/SMH
15/3/12
Text of Ukraine's WTO complaint (WT/DS434/1)
here
Ukraine
has not traded with Australia since 2005. The complaint's source is unknown, but
suspicions of tobacco industry involvement - later verified. SMH
27/3/12
Analysis
of Ukraine's complaint by legal expert Benn McGrady at O'Neill
Institute trade blog 20/3/12
Philip
Morris, BAT later admit to funding the WTO challenges. Financial
Times 29/4/12
2012: Philip Morris' Hong-Kong-based legal challenge is a "dead
parrot" writes Monash Law Professor and trademark expert Mark
Davison. The
Conversation 20/1/12
2012: Australia's plain tobacco packaging laws have a good prospect
of resisting tobacco industry legal challenges, say independent legal
experts. JAMA
paper
2011: "World is no longer Big Tobacco's ashtray" -
industry's legal tactics analysed by Prof Simon Chapman, University of Sydney,
on ABC Radio National's Law Report.
ABC
The Drum opinion 24/11/11
2011: Tobacco industry legal arguments
against plain packs rejected by Australia's Health Minister
Roxon - says industry legal threats "huff and puff", quotes legal experts' opinions that the legislation aligns with
international law. Minister
release 14/9/11
The experts include A/Prof Matthew
Rimmer,
ANU intellectual property law specialist - tells Senate inquiry the industry legal
threats "largely
vexatious"; bills consistent with Australian laws, treaty
commitments; industry claims
for billions in compensation "outlandish",
"greedy" in light of its "untold damage" to health. ANU
release 14/9/11
2011: Tobacco industry legal claims against the plain packaging
legislation are assessed by Melbourne University legal experts in a paper called
“Time
to Quit? Assessing International Investment Claims Against Plain Tobacco
Packaging in Australia”. Abstract
2010:
Anti-plain
pack legal arguments by tobacco-linked Institute of Public Affairs
think-tank hammered in 2010
Melbourne Uni debate by world intellectual property law
expert Prof Mark Davison - he concludes "They haven't got a case." Prof
Davison's earlier comments, Melbourne
Age 4/5/10
History
Key
events timeline
The whole story of the battle for plain packs - from its first proposal
in 1990.
From
brand to bland - the demise of cigarette packaging
2011:
Excellent article in
British Medical Journal by Sydney University's Prof Simon Chapman and Becky
Freeman puts it in a nutshell with good references. BMJ
article 18/7/11
History
of Plain Packaging: world timeline from 1986-present
Great dot-point history resource from Physicians for a Smoke-free
Canada.
Public
opinion
Support
for plain packs outnumbers opposition by over 2:1
2011: Australian public support for
plain packaging withstands Big Tobacco's multi-million dollar mass
media onslaught. Community support still
outnumbers opposition by over 2:1, says Newspoll phone survey of
1200+. It shows 59% approval to just 24% disapproval. ABC
News 29/5/11
Plain packs have strong public support -
including smokers
2011 survey of 4,500
Victorians shows very strong support for mandatory plain packs. 72% of all people - and 57% of
smokers. Quit
release 8/4/11 2008 NSW survey showed even higher
support: 78%. Walsh R et
al (2008) Aust N Z Public Health. 32:482-8 doi:
10.1111/j.1753-6405.2008.00284.x
Plain Pack Attack shoots tobacco industry in the foot
2011
survey shows tobacco-funded “retailer” ads increased
plain pack support. Quit
release 3/11
Other
research
Plain
packs plainly a success
November
2012: Three leading lights of the push for plain packaging assess the
policy on the eve of its coming into full effect on December 1, 2012.
Professors Mike Daube, Rob Moodie and Simon Chapman say in an editorial in
the Medical Journal of Australia: "There is much work ahead,
but this is also a time to take pride in a stunning success for public
health." MJA
12/11/19
Plain
tobacco packaging: a systematic review
November 2012: UK review by Public Health
Research Consortium of 37 studies on the impacts of plain packs. Key
findings:
...
strong evidence to support the propositions set out in the Framework
Convention on Tobacco Control.... that plain packaging would reduce the
attractiveness and appeal of tobacco products, it would increase the
noticeability and effectiveness of health warnings and messages, and it
would reduce the use of design techniques that may mislead consumers about
the harmfulness of tobacco products. In addition.... plain packaging is
perceived by both smokers and non-smokers to reduce initiation among
non-smokers and cessation-related behaviours among
smokers.
Final report 2012
and more about the Public
Health Research Consortium
Biggest
impact will be on children
2012: Professor Simon Chapman critiques former Liberal
adviser Peter van Onselen on the likely economic impact of plain packs - and
argues its impact will be especially on child uptake, which may emerge slowly.
ABC24
Drum opinion 18/7/12 and see wide-ranging comments
Study
confirms wisdom of standardising stick design
March 2012: New Australia plain pack laws will also standardise cigarette stick design - wise
move, confirmed by Australian research showing this is a factor in
brand appeal. Authors conclude "comprehensive policy to eliminate
promotional aspects of cigarette design and packaging needs to include
rules about stick design." Abstract
Plain
packs focus eyes on health warnings: study
2011: Study of eye movement shows non-/less frequent smokers (e.g.
children, would-be quitters) more likely to look at health warnings on plain than
branded packs. Plain pack "appears to increase visual attention
towards health warning... away from brand information." Abstract
Guardian 30/5/11
Two
decades of evidence for plain packs: research review
2011: 20-year Australian review of research on plain packaging shows
it improves effectiveness of health warnings; reduces misconceptions
and appeal, especially to children. Quit/Cancer
Council Vic review of published studies also finds no trademark or other
legal barriers; tobacco industry claims about illicit trade
"exaggerated and misleading." Evidence
review 2011
Coloured packs mislead smokers: study
2011:
20% of smokers wrongly believe some tobacco brands
safer than
others, says four-country study including 2000 Australians. Over 40%
still wrongly believe contents of lighter coloured packs less harmful. Study in Addiction journal boosts case for plain
packs. Addiction
release 12/4/11
Plain packs influence
teens: study
2010: Plain tobacco packs
discourage teens from smoking, says Auckland Uni findings presented at 2010 regional
conference in Sydney. Study of 14-15-year-olds shows plain
packs highlight health
warnings, reduce social appeal. APACT
conference release 7/10/10
Pack colours and design
mislead smokers
2009: Colours of cigarette packs can mislead smokers into thinking
certain brands are less harmful, says study. Full
study pdf Sydney
Morning Herald report 5/8/09
Industry's "whiff of
desperation" as plain packs take hold
January 2013: Comment by Prof Simon Chapman on encouraging early
signs of plain packaging on smokers. SMH
op ed 8/1/13
Kids see packs as "a
wonderland of happiness"
2012: Cancer Research UK's "The answer is plain"
campaign includes a must-see video of children looking at and talking
about something in enthusiastic terms.... then we realise they're
viewing current UK tobacco packs. Campaign
and video
Preventative Health
Taskforce recommends plain packaging
2009 Taskforce report says Australia should adopt mandatory
plain packaging and larger health warnings. Action
Area 5, pp. 181-5 of NPHT
2009 report tobacco chapter
Tobacco packaging and
labelling
International Union Against Tuberculosis and Lung Disease comprehensive
2009 guide
including health warnings, misleading packaging, plain packaging,
evidence, legislation and implementation.
Study
shows how industry bluffed Canadian, Australian governments
Tobacco industry claims plain packaging will interfere with their
branding rights - but 2008 study
shows this is a bid to bluff governments. See also response
5/3/10 by ASH director Prof Simon Chapman
The case for plain
packaging of tobacco
Sydney University 2007 report
with illustrations
See some pics
of the industry's latest creative uses of packets as advertising -
limited editions, discount offers, health warning breaches and more.

TOBACCO INDUSTRY'S "PLAIN
PACK ATTACK"
See
also above under AUSTRALIAN
NEWS and WORLDWIDE DEVELOPMENTS
"Despite
having a long-standing fondness for the gaspers, and a firm belief
that adults should be free to do whatever they like, I don't ever think
I have heard such nonsense in my life."
Long-time smoker David Penberthy's
comment,
Adelaide Advertiser 17/6/11
Cuba
joins trade challenge to Australian laws
May
2013: Cuba has become the fourth country challenging Australia's plain
pack laws in the World Trade Organization. It joins Ukraine, Honduras and
the Dominican Republic - with tobacco giants Philip Morris and BAT funding
some of the challenges. AAP/news.com
6/5/13 and see
earlier stories below on WTO challenges
Tobacco
company's UK anti-plain pack ad "misleading"
March
2013: Anti-plain packaging ads produced by UK tobacco company Gallaher,
owned by Japan Tobacco, have been found guilty of misleading advertising.
The ads, run last year, were challenged by UK health groups in the
Advertising Standards Authority. Yahoo
news 13/3/13
Tobacco
retailers complain of slower transactions despite evidence
March
2013: Survey of 450 tobacco retailers, commissioned by Philip Morris,
finds most retailers believe plain packaging has slowed transaction
times. Australian
7/3/13
Contradicted by independent evidence that the change has actually speeded up selling times.
Curtin Uni survey of measured tobacco
transaction times in 100 Perth suburban retail outlets - before
and after plain packaging took effect on 1/12/12 - finds more retailers
reduced than increased transaction times. Authors (re UK
consultation): "If
they sincerely represent the best interests of their members and support
the future health of British citizens, national retail groups should
immediately withdraw their objections to generic tobacco packaging."
Study -
confirms 2011
study
Tobacco
giants threaten NZ over plain packs
February
2013: "Big 3" tobacco companies in New Zealand threaten New
Zealand government after announcement that it will legislate for mandatory
plain packs. They repeat discredited arguments that plain packs won't
benefit health, will cause lost trade/jobs, boost illicit tobacco and
breach intellectual property and trade rights. Responses
19/2/13 from Philip
Morris BATNZ
and Imperial
Tobacco
giants spent $14m in fight against plain packs
February
2013: Tobacco industry spent around $14m in its fight against plain
packaging in Australia. ABC analysis of funding disclosures shows
$9m was spent by BAT and Philip Morris to bankroll the Alliance of
Australian Retailers campaign; plus an extra $4m media spend by Imperial,
a further $500,000 by Philip Morris on media, and smaller amounts. ABC
news 1/2/13
Liberal
Senator linked with tobacco and gun lobby groups
January
2013: Key Liberal Senator Cory Bernardi linked with powerful American Legislative Exchange Council and Heartland
Institute - both lobby groups connected with campaigns against tobacco and gun
regulation. The Senator, former Parliamentary Secretary hand-picked by
Opposition Leader Abbott and just re-endorsed to head Liberals' SA
Senate ticket, had four US trips paid by the groups, some around the time
of its High Court challenge against plain packs and aggressive
lobbying of the Australian Government not to proceed with it. He opposed
one of the plain pack bills in parliament in 2011.
Senator Bernardi defends not declaring the links, denying they create
a conflict of interest. AAP/Australian
27/1/13
 |
Still
a "bad law"
says bad loser BAT
November
2012: After losing its High Court challenge, BAT's Scott McIntyre
whinges to retailers in 4-page Convenience World trade mag
article that plain packaging is still a "bad law",
which...
will cause unintended damage... will only benefit organized
crime... illegal cigarette black market will grow further... [all
this will] put pressure on the industry to reduce legal tobacco
prices... [which will] cause further harm to the health of
Australians... [and cause retailers] significant increase in
the time taken to complete a transaction... [which will] cost
businesses up to an estimated half a billion dollars... the
equivalent of 15,000 jobs.
Convenience
World, Issue Seven 2012
Note
the transaction (and hence costs/jobs) claim has since been demolished by
independent study
|
Tobacco
industry skirts plain pack law to brink of deadline
November
2012: Tobacco giant BAT forced to remove
non-compliant markings from its cigarettes on eve of plain pack
deadline December 1. Three-letter markings indicating cities
criticised by Health Minister Plibersek as "trying to push the boundaries". ABC
News 29/11/12
Industry's
deceptive bucketing of Australian legislation in UK consultation
September
2012: “Big
3” tobacco company submissions to UK plain packs consultation claim
Australian legislation violates intellectual property rights, trade
obligations (not substantiated by any legal
decision); quote Deloittes reports and supportive thinktanks
without acknowledging these are funded by the TI; quote
Australian ministers and politicians out of context; reject worldwide evidence on likely impact of plain
packs on youth
smoking/uptake, put forward 20-year-old research to downplay packaging
impact.
Excerpts
from Philip Morris, BAT, Imperial submissions to UK consultation
with links to full submissions
Big
3 plain packs response: reassurance, more descriptors, subliminal ploys,
protest
September 2012: In leadup to plain packaging laws
starting to take effect in Oct. 2012, big 3 tobacco companies launch
new packaging and briefings to retailers. BAT has no less than 38 descriptors on its
brands. All companies reassure unchanged "quality", advise retailers
to comply. Philip Morris urges continued
protest. An Imperial brand makes shrewd subliminal connection with plain pack design. BAT, Imperial flyers sent to retailers,
and Philip Morris pack inserts, at ASH PACKWATCH
Tobacco
giants will fight on, warn of "unintended consequences"
August 2012: Philip Morris vows to pursue international challenges to plain
packs after losing High Court constitutional case. The company will continue its Bilateral Investment Treaty legal action and support
for three countries' World Trade Organization challenges. Philip
Morris release 15/8/12
BAT Australia, disappointed with High
Court
decision, warns
"serious unintended consequences start 1 December", repeating
discredited predictions of increased crime and costs. BATA
release 15/8/12 Imperial
Tobacco also expresses disappointment, rehashes dire illicit trade warnings
and mentions the WTO challenges. Imperial
Tobacco release 15/8/12 (not online as at 16/8/12)
Dominican
Republic joins WTO challenge
July 2012: Dominican Republic joins Ukraine and Honduras
to challenge Australia's plain pack laws in World Trade Organization. SMH
20/7/12 Australia's
Big Two tobacco companies, Philip Morris and BAT, earlier admitted funding legal
costs of two countries, Ukraine and Honduras, threatening WTO challenge.
Financial
Times 29/4/12
Powerful
tobacco allies fund world campaign to block plain packs
July 2012: Powerful US corporate alliance with
links to tobacco, climate denial and the Tea Party is funding global campaign to
derail plan packs. American Legislative Exchange Council (ALEC) targets UK's
plain packs consultation, open until August. Guardian
UK 15/7/12
Metal
jacket move to cover plain packs
May 2012: Tobacco companies are warned
against distributing metal covers to hide plain packs and health warnings.
One brand distributes tins as shown here
(spool down to Packwatch Jan 2012) -
Health Minister Tanya Plibersek warns
these won't comply with the new laws from Dec 1. The Minister has also
announced tough new penalties for tobacco smuggling. Melbourne
Age 31/5/12
Tobacco
giant in sneaky ad for cut-price cigs
May
2012: BATA releases new cut-price brand of
cigarettes, selling for just $11.50 for pack of 25. Thinly-disguised ad uses exaggerated claims of illicit trade as
excuse; also tries to undermine plain packs and tobacco tax
increases. BATA release 17/5/12 (not online) and Telegraph/news.com
17/5/12
including BATA and AMA
comment The
Tele was sucked in:
Crikey
comment 17/5/12
Tobacco industry beats illicit trade drum
again
May 2012: In run-up to plain pack laws coming into
force, Deloitte report commissioned by BAT, Philip Morris and Imperial claims counterfeit/contraband
tobacco, fuelled by pack reform, has tripled in a
year, costing a billion in lost tax - claims not backed
by independent evidence. Telegraph,
Sydney 3/5/12
Deloitte
report May 2012 and for the real
story: Quit
Victoria critique
April 2012
study shows packaging, branded or plain, has no impact on consumers' intention
to buy counterfeit tobacco products. Abstract
Complaints to WTO after Philip
Morris advised to encourage them
April 2012: Honduras and Ukraine complain to World
Trade Organization, claiming (along with Ukraine - see below) that
Australia's plain pack laws violate global intellectual property rules. Bloomberg
news 4/4/12
Bloomberg/SMH
15/3/12 Tobacco
industry suspected of funding this challenge and later admits to this.
SMH
27/3/12
Tobacco companies deny health evidence in
plain packs case
March 2012: Australia's tobacco
giants "denied the content" of "barrow loads" of
health evidence on tobacco harm in lead-up to plain packs challenge in High Court.
Presenting documents, they claimed health evidence was in dispute or was irrelevant to their
constitutional case. SMH 13/3/12
How
packaging "helps" consumers - brought to you by Philip
Morris
March 2012:
London Economics consultancy publishes report “The
role of packaging imagery on consumer preferences for experience goods: A
consumer behavioural experiment" - funded by Philip Morris. Suggests
that “packaging imagery is a source of information that helps consumers
differentiate between alternative product characteristics”.
PR-USA.net
report 11/3/12 and
full report
Plain
packs "indiscriminate, frivolous, illiberal" says tobacco-funded
think tank
February 2012: Shrill
libertarian UK pro-smoker Christopher Snowdon publishes clichéd,
error-ridden commentary "Commercial expression, anti-smoking extremism
and the risks of hyper-regulation" for
tobacco industry-funded Adam Smith Institute. Snowdon
commentary 21/2/12
Philip
Morris International joins in High Court litigation
December 2011: Philip
Morris International Inc. joins its Hong Kong subsidiary in suing Australian Government over plain packaging. PMI
takes action in the High
Court, along with BAT, Imperial and Japan
Tobacco. Philip Morris Asia Ltd also launched arbitration case in November
under Australia's bilateral investment treaty with Hong
Kong. Law360
20/12/11 Philip
Morris release 20/12/11
JTI joins High Court
action: PRNewswire
14/12/11 Imperial High Court action: MSNBC
report 5/12/11
BAT files
High Court challenge
December 2011: British American Tobacco as expected lodges High Court suit
against the Australian Government, claiming the Plain Packs legislation
"unconstitutional" in "acquiring" the company's trademarks
"without just compensation".
BATA
release 1/12/12
Philip
Morris Asia sues
November 2011: After Parliament passes the Plain Packs
bills, Philip Morris takes legal action as threatened, claiming the laws
infringe its rights under an Australia-Hong Kong trade agreement. Philip
Morris Asia files lawsuit: PM
Asia release 21/11/11 and Tobacco.org
news 21/11/11 Philip Morris suit is "frivolous treaty shopping" - earlier
comment by ANU
legal experts in Canberra
Times, 28/6/11 And see this challenge
assessed as a "dead parrot" by trademark expert Professor Mark
Davison. Conversation
20/1/12
Retailer
group predicts chaos and devastation
November 2011: National
Independent Retailers’ Assoc claims plain packs laws will “create
chaos” and that only 8 weeks between ban on manufacturing and 1/12/12
final ban on stocking “could be devastating to small independent
retailers”. NIRA
release 17/11/11 (not online)
US
business friends of Big Tobacco lobby Australian PM
November 2011: Tobacco-allied
US groups including
US Chamber of Commerce,
after passage of plain
pack
bills, reiterate “deep concerns” that “draconian
assault” will “violate" Australia's trade obligations
and the world trading system, "without
advancing public-health objectives.” They
report “Some of us were able to relay these concerns directly to the
Prime Minister in
[an APEC-related]
meeting in Hawaii.”
7
US business groups' release 13/11/11 at asianet
Retailer front claims small business let down by parties
November 2011: Tobacco industry-funded Alliance
of Australian Retailers says Senate passage of plain packs bills shows ALP
and Coalition have “failed to stand up for small business”; claims the laws will “make it harder for small retailers… to
quickly identify cigarette packs and to serve our customers
quickly.” AAR
release 10/11/11 (not online)
Rollie
packs sent to Senators
November 2011: Imperial Tobacco sends packs of roll-your-own products to
senators to “demonstrate packaging difficulties”
in plain packs bills. Packs are “absolutely not a gift”, company
insists. Sydney
Morning Herald 9/11/11 “Tobacco pack for senators” (not
online)
Revised
timetable still not good enough, says Imperial
November 2011: The five-month delay in the Plain Packs timetable
announced by Health Minister Roxon is still not good enough for Imperial
Tobacco - it claims to need 11-17 months from when the legislation is
finalised to comply. ACAPMA
news 2/11/11
More
"vexatious" FOI requests from tobacco industry
October 2011: The tobacco industry
continues to swamp the Department of Health with Freedom Of Information
applications – 35 are current. The department seeks advice on how to deal
with what it calls the “vexatious” requests.
Canberra
Times 19/10/11
BAT still
"needs more time"
October 2011: After the legislation is delayed in the Senate, BAT Australia
argues the delay makes it "impossible for the industry to comply"
with the legislation's timetable and that there would be "no legal
tobacco on the shelves" after the then-proposed July deadline. BAT
release 14/10/11
Philip
Morris warns of "longer queues"
October 2011: A Philip Morris Ltd website warns plain packs will cause
"greater confusion" and "longer queues" in orchestrated
campaign to target individual MPs in the leadup to Senate voting on the
legislation. "I
deserve to be heard"
But Curtin University study
finds identifying and serving plain cigarette packs no slower and in fact
slightly faster than former packaging. Full
study
BATA
exploits refugee doubt to question plain pack legality
September 2011: BAT Australia places full-page ads in major newspapers exploiting legal controversy over refugee
policy to cast doubt on legality of plain tobacco packaging bills. Ads ask "Is the government's legal advice on shaky
ground?" BATA
ad in Sydney Telegraph 7/9/11, p. 22 Tobacco case "largely
vexatious": legal expert ANU
release 14/9/11
BATA
challenges bills in High Court
September 2011: British American Tobacco
Australia applies for special leave to appeal in the High Court
to gain access to Australian government legal advice on the plain packaging
bills. BATA threatens to mount a High Court challenge
to the bills if passed by the Senate. BATA
release 5/9/11
Tobacco
loses bid to dig out government's privileged legal advice
September 2011: BATA, Philip Morris fail in bids
to get access to government legal advice on plain packs, ruled legally privileged by the Administrative Appeals Tribunal and Federal Court. Tobacco
legal actions "huff and puff": Minister
Roxon release 14/9/11
Philip Morris lost its action in the Administrative Appeals Tribunal - it ruled the advice legally
privileged with no overriding public interest in revealing it. Canberra
Times 20/8/11 and
AAT
decision 15/8/11 in Philip Morris Ltd v Prime Minister
[2011] AATA 556 on FOI application by PML June 2010 for access to
documents held by the Prime Minister's office. Philip
Morris did not appeal.
BATA was joined as a party to PMI's appeal to the AAT; but Full
Federal Court appeal was lodged by BATA alone, seeking access to 1995
legal advice held by the Dept of Health - Bloomberg
news 3/8/11
... this appeal was also lost - Federal
Court decision published 23/8/11. BAT "disappointed", may appeal to High Court
- Melbourne
Age 23/8/11
Democracy
Institute: Plain packaging is "silly" (but tobacco-paid junkets
are not)
August 2011: Transatlantic think tank Democracy Institute opposes
plain packs in submission
to House of Reps inquiry and in Australian/NZ
media. DI has history of links with tobacco industry, which funds some of its publications
and travel. Industry tries to persuade NZ not to follow Australia into plain packs. Dominion
Post NZ, 17/8/11
- see at bottom, author's trip to NZ funded by
Philip Morris
Indonesia,
Mexico complain plain packaging will "hurt trade"
August
2011: Indonesia, Mexico make submissions to the
Australian parliamentary inquiry claiming mandatory plain tobacco packaging "unnecessarily restrictive"
"barrier" to their
tobacco trade. Melbourne
Herald Sun 16/8/11 and
inquiry
submissions - Indonesia no. 56, Mexico no. 58
BAT
bull, bullying, bluff and bafflement in plain pack hearing
August
2011: British American Tobacco Australia chief David Crow tells parliamentary hearing the
timetable for plain packs "impossible", will
cause shortages, feed black markets. Health leaders say the industry "bluffing", had years of warning. Melbourne
Age, 5/8/11 Also
addressing House of Reps review committee: National Preventative Health Agency, Dept of Health,
major health groups - outline world evidence, warn tobacco industry claims
untrustworthy. Inquiry
site including transcripts
Claims in the Crow testimony include:
- "No
evidence" for effectiveness. But
see the
evidence
-
"Lack of engagement, consultation and transparency". But BAT had several meetings
with government departments, and contributed to the open
public consultation
-
"All consumer advertising is gone; it is banned." Oh
yes? see pack
advertising and other
tobacco promotion including to retailers; and promotion
in movies and use of internet
including YouTube
-
BAT needs more time: "12 and 12" (12 months to change, 12 more to clear old stock). These
times differ from BAT written submission and within the verbal
presentation. And the change was announced in April 2010!
- "By the end of this
year, in very close to all of Australia, the product will be behind steel
doors." No mention of steel
doors as requirement in any Australian law.
- Four different estimates in Crow testimony of illicit
tobacco as proportion of total Australian tobacco trade: "15.6%", "16%", "one in
five
and a half" [18.1%] and "one in five"
[20%].
Difference between 15.6% and 20% would be over 100m
sticks.
Even 15.6% fanciful - real figure less than 5%, says much larger and independent
2010
AIHW survey
Tables 3.11 and 3.12, pp. 39-40
-
Tobacco-funded Deloitte report on illicit trade "based on thousands of
interviews". Actually less than
one thousand. Compare with over 26,000 surveyed by
AIHW
-
Illicit tobacco has additives that are "not smart to smoke and that we
would never be allowed to use under Australian law". Additives
and contents of tobacco are not regulated under Australian law
- "... we are talking about a
smoker who has chosen to smoke. They are 18 and over; they are an
adult." Wrong. Most smokers start well
before 18. Average age of Australian smoking uptake around 16. A key aim of plain packaging is to deter youth uptake.
Tobacco
industry and supporters line up in anti-plain packs submissions
August 2011: Publication of submissions to public
consultation
and parliamentary
inquiry show a formidable lineup of tobacco companies,
retailers and tobacco-allied entities opposing plain packs. The list
includes Australia's "Big 3" tobacco giants (BAT, Philip Morris,
Imperial), and also:
Brazil
Intellectual Property Assc, AIPPI (world intellectual property body) Australia, Alliance of Australian Retailers, American
Legislative Exchange Council, APCO service stations, Australasian Assc of
Convenience Stores, Australasian
Convenience & Petroleum Marketers Assc, Australian Newsagents'
Fed, Australian Retailers' Assc, Business Civil Liberties, Cigarworld
Australia, Cigar Retailers Assc, Convenience & Mixed Business Assc, CTC tobacconists,
Democracy Institute, economiesuisse, Emergency Committee for American Trade,
European Cigar Manufacturers’ Assc, Free Choice stores, Habanos SA Cuba,
“I Oppose Plain Packaging” campaign (1,100 identical letters),
Indonesian Government, Institute for Policy Innovation,
Institute of Patent & Trademark Attorneys of Australia,
International Assc for Protection of Intellectual Property, International
Chamber of Commerce, International Trademark Assc, Japan Tobacco
International, Master Grocers Australia-Liquor Retailers Australia, Mexican
Government, National Assc of Manufacturers, National Assc of Retailer Grocers Australia,
National Foreign Trade Council, Nicaraguan Government, Pacific Cigar Co, Property Rights Alliance,
Scandinavian Tobacco, Service Station Assc, Tobacco Station
Group, Transatlantic
Business Dialogue, US Council for International
Business.
BAT
pushes to see old government legal advice
August 2011: BAT urges Federal Court to order the Australian Government to
release past legal advice leading to its decision in 1995 not to pursue plain packaging.
Government argues the advice is privileged and
confidential. Philip Morris also appealed FOI refusal. Bloomberg
news 3/8/11
Big
Tobacco misleads retailers; offers Fiji hols for pushing
July 2011: Some retailers concerned at misleading flyers distributed
to them by
Imperial Tobacco urging protest about plain packs to House of Reps inquiry.
Meanwhile BAT Australia criticised by ASH for offering Fiji holidays to
retailers pushing tobacco. Imperial
flyers and Telegraph
report 24/7/11
Nat
MP says tobacco companies "coaching" spam calls to MPs
July
2011: WA Nationals MP Tony Crook says tobacco companies intentionally
misleading people and "coaching" anonymous
"spam" calls to MPs protesting the plain packs bills. Crook says his office
has had regular calls from angry people raising same issues. ABC
news report 11/7/11
Smiling smoothies behind BAT pack attack
July
2011: Details emerge about who ran the BAT campaign against plain packs: G2
ad agency set up by worldwide PR/marketing giant WPP. Read about the
"smiling ad smoothie" who loves "vice clients" and finds
pushing Big Tobacco's line "satisfying". The
Australian 18/7/11
Retailer front group claims "no real
evidence"
June 2011: Tobacco-funded Alliance of Australian Retailers claims in its
submission to the government consultation there's "no real
evidence" for plain packaging effectiveness. AAR
submission So presumably none of this two decades of
evidence
is "real"
"Retailer"-commissioned report
warns of impact on tobacco buyers' practices
June 2011: Deloitte survey of retailers and customers commissioned by
tobacco industry-funded Alliance of Australian Retailers claims plain
packs will shift consumers from smaller to larger retailers. Plain
packaging and channel shift report June 2011
Survey is "junk research": Prof Simon Chapman,
ABC online 6/7/11 Minister says tobacco survey
"bogus", "deceptive": Telegraph,
Sydney 12/7/11 Later study, March 2012: the
tobacco-commissioned report claiming plain packaging would cost retailers
$450m was based on estimates from just six shopkeepers - and is demolished
by independent study showing plain packs will be no slower to
find in shops. Sydney
Morning Herald 22/3/12
Legal
action
June 2011: Philip Morris launches lawsuit against the proposed plain
packaging law, claiming it will cause problems for investment protected
under an Australia-Hong Kong trade agreement. Philip
Morris media release 27/6/11 Report in
The
Australian 27/6/11
Philip Morris suit is "frivolous treaty shopping" say ANU
legal experts in Canberra
Times, 28/6/11 and see
Melbourne
Uni legal experts assessment, August 2011
BAT
beats up illicit trade threat
June
2011: BAT launches new Illicit
Tobacco website featuring inflated, fanciful
"costs" of illicit tobacco to individual electorates. These
figures are drawn from a flawed Deloittes report commissioned by the
Big 3 tobacco companies. See
critique
of the Deloitte report
Imperial
claims "Nanny State"
June 2011:
Imperial Tobacco launches huge "No Nanny
State" campaign - media ads, website,
postcards
to MPs and lifesized
cutouts carpet-bombed into retailers. "Nanny State" line
ignores evidence
that plain packs will
discourage child uptake - main
source of smoking recruitment.
"Nanny
State" is pure fairytale: SMH
online 28/6/11
BAT
involved in "reprehensible" smuggling "BAT-up"
June 2011: Paid British American Tobacco informant makes wild claims on
tobacco smuggling - and people smuggling! - on Channel 9's A Current
Affair. Scathingly reviewed on ABC-TV's Media Watch. MediaWatch
report and transcript with ACA excerpts 13/6/11
Tobacco
industry's arguments "factoids and legal bollocks"
Crikey.com article by Prof Simon Chapman shows how claims of legal
infringements and $3m compensation payouts have been concocted by the
tobacco lobby. Crikey
9/6/11
BAT stalls as public
consultation ends
British American Tobacco has sought a longer delay in
introducing mandatory plain packs, arguing that a July 1, 2012 start
date is "unworkable" and "unrealistic". BAT makes
the plea in its submission to public consultation on the plain pack bill
(closed June 6). The
Australian 8/6/11
Big tobacco
"scared", insulting our intelligence
Good critique of tobacco industry arguments by Ross Gittins, Sydney
Morning Herald business reporter. SMH
Business Day 30/5/11
International Chamber of
Commerce says plain packs "bad public policy"
2011: ICC attacks Australia's "bad public policy";
claims "dangerous precedent" on trademarks; repeats tobacco industry claims
of increased counterfeiting, other countries "rejected",
"no research". No mention BAT is an ICC member. ICC
release 28/5/11 and ICC
members include BAT
Malaysia lobbied to
derail plain packs bill
May 2011: High-powered US
consultant linked to tobacco industry has lobbied Malaysia to oppose
Australia's plain packaging laws; powerful US congressmen help the industry use its "global economic power" to block
the world-first bill. ABC
news report 26/5/11
British American Tobacco
threatens legal action, price war
BAT
media
release 17/5/11 again threatens legal action against plain
packaging, warns of price-cutting war to counter it. BAT
launches
anti-plain
pack website
Response in ASH
release 17/5/11 Also Prof
Simon Chapman comment 17/5/11 Tobacco threat
reveals $500m pa "ripoff" of smokers by company "gouging":
Australia
Institute release 18/5/11
BAT says "UK... has put plain
packaging on the back burner" BATA
release 17/5/11
It hadn't. In 2010
UK Health Secretary said it
made sense to "look at less attractive packaging", that
"glitzy" packs might attract children to smoking.
Government announced March 2011 they’d consult on introducing plain
packs by end-2011. UK
Health Dept
and WORLD
- UK
BAT fumes at
legislation
April 2011: BAT makes usual veiled legal threats and
exaggerated claims of illicit trade increases.
BATA
release 7/4/11
Philip
Morris' flashy card trick
 |
 |
|
Philip Morris pack
inserts (from April 2011) - carrying
the company's authorisation and pointing smokers
to their website (below) |
The cards, complaining
about retail display bans and plain packaging, were slipped into some PM
brands
and handed around in pubs/clubs. |
Philip
Morris plain packaging website (launched April 2011) shows they see it as a
major threat; wrongly assert "no evidence for it", "won't
work", will boost illicit trade and violate trademark rights. Legal
argument rubbished by trademark expert in Melbourne
Age 4/5/10 and
detailed demolition
... but "smokers' rights" don't include
being told the truth or helped to quit
Secret tobacco documents show decades of health
interference. Australian references among over 60,000
formerly secret industry docs show them aggressively blocking health reforms that would have
aided quitting; and hiding research on how their product wrecks babies' DNA. ASH
release 11/3/11 Latest
tobacco industry news and
Tobacco
Industry tactics
Tobacco-commissioned
report claims 16% tobacco sold is illicit
2011: Deloitte report commissioned by Philip Morris, BAT and
Imperial claims as much as a sixth of all tobacco sold in Australia is
illicit. Deloitte
report on illicit tobacco, Feb 2011
See
critique
Big tobacco repackages Plain
Pack Attack
2011: Plain Pack Attack by Australia's Big 3 tobacco companies, fronted by a retailer
group, is revived in new media ads airing from February 2011. Once
again they wrongly claim plain packs "won't work" and
have been "rejected" elsewhere. ASH
media release 22/2/11 and the
ads
Tobacco companies stall
reforms at $360,000 taxpayer cost
2011: Philip Morris and BAT seek thousands of files on proposed reforms under Freedom Of
Info - huge drain on Health Dept resources, costing
taxpayers over $360,000.
Greens
release 24/2/11 and Tobacco
FOI application details Tobacco throws everything at
plain packs: The
Australian 21/10/10 Big
tobacco wasting government's time: ASH/Quit
release 21/10/10 ... and recycling flawed legal
arguments: ASH
release 22/10/10 Legal ploy: SMH
report 23/10/10 with ASH comment
How Big
Tobacco pulls the strings
2010: Leaked documents show "retailers" campaign closely controlled by Philip Morris. $4m more Big Tobacco dollars earmarked for
more ads. Philip Morris also managed campaign PR, approved media talent,
managed lobbying of government. SMH 11/9/10 and
AAP-SBS
report 11/9/10
Tobacco's "endless
challenge"
2010: Tobacco industry arguments against plain packs on pp. 24-25 of Aug 2010
Convenience
and Impulse Retailing
- also includes a feature on AACS (convenience umbrella
group) chief Sheryle Moon, before AACS was pulled from the
campaign by retailers embarrassed by its tobacco funding.
Big Tobacco uses retail front to do its dirty work
2010: Tobacco industry paid $5m (more later) to retail front group to run
mass media ad
campaign during Federal election. Condemned by health groups including
ASH
and by Open
Letter 11/8/10 from six Australians of the Year. Major
retailers Coles and Woolworths repudiate the ads.
Tobacco industry marshals
powerful friends to oppose reform
2010: Powerful tobacco industry allies - US-ASEAN Business
Council, International Chambers of Commerce, others - make
submissions to Australian Senate inquiry into plain packaging. Local input included 16 retailer groups, 4 manufacturers, 2
right-wing think tanks. See
submissions
list
Tobacco industry tries to
bluff Rudd out of plain pack plan
2010: Tobacco companies use
"very silly" myths to try to block a proposal for plain
tobacco packaging recommended by the National Preventative Health
Taskforce. Crikey
comment 5/3/10 by ASH director Prof Simon Chapman
Philip Morris scares
retailers
2009: Tobacco giant's glossy scare campaign to
Australian tobacco retailers against plain packs -
claiming they'll be "very difficult" for retailers,
"increase security risk", "inconvenience customers", "limit consumer choice". See
pics
of the Philip Morris campaign
Tobacco industry's phoney
campaign against plain packaging in Australia
2009: Study presented at world conference shows how tobacco industry
worked to mislead Australian and Canadian governments with
"phoney" arguments against plain packaging. Study
The
international campaign against plain
packaging
An
array of influential organisations and companies lined up alongside
Philip Morris, BAT and Imperial to oppose the Australian government's decision to mandate
plain tobacco packaging.
Overseas-based
opponents making submissions vs plain packs or lobbying Australian government have
included:
American Legislative Exchange
Council; Business Civil Liberties; Democracy Institute; Economiesuisse;
Emergency Committee for American Trade; European Cigar Manufacturers'
Association; Filtrona C&SP (UK); Habanos SA (Cuba), International Chamber of Commerce; International Trade Mark Association;
Japan Tobacco International; National Association of Manufacturers
(US); National Foreign Trade Council (US); Property Rights
Alliance (US); Richland Express (tobacco company), Scandinavian Tobacco,
US-ASEAN Business Council; USA Chamber of
Commerce; Washington Legal Foundation; and an arm of the
Indonesian Trade Ministry.
Australian
retailer and business groups and companies opposing plain packaging have
included:
Alliance of Aust Retailers, Amcor (packaging company), APCO Service Stations; Australasian
Convenience and Petroleum Marketers' Association; Australian Association of Convenience
Stores, Australian
Newsagents' Federation, Australian Industry (Ai) Group, Australian Retailers Association, Cigar Retailers' Association, Council
of Small Business Australia,
CTC (tobacconists), Free
Choice Stores, IGA (supermarket chain),
Independent Retailers Association, Master Grocers - Liquor Retailers Australia,
National Association of Manufacturers, Retail Confectionery and Mixed Business Association,
Ritchies Supermarkets and Liquor Stores, Service
Station Association, Smokelovers Australia (tobacconists), Tobacco Station
(tobacconists).
Senate
inquiry 2010 submissions and Plain
Packaging of tobacco consultation submissions, June 2011
Tips
for taking tobacco action - tell governments and MPs what you think
of plain packaging.
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