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

NEWS            WORLDWIDE DEVELOPMENTS            BACKGROUND    
EVIDENCE AND RESOURCES        TOBACCO INDUSTRY'S "PLAIN PACK ATTACK"

Australia's world first plain packs legislation     
Read the two Acts: Tobacco Plain Packaging Act 2011 
and Trademarks Amendment (Tobacco Plain Packaging) Act 2011 

See also submissions  to public consultation, June 2011;  submissions, transcripts  to House of Reps inquiry 2011

What the new packs will look like  - and see  high resolution images

LATEST NEWS        Timeline of key events  in the battle for plain packaging 

UK about to launch plain packs consultation
January 2012: The UK government is expected to launch its public consultation on mandatory plain tobacco packaging in March, following Australia's historic enactment of the health policy. ASH Australia director Prof Simon Chapman has told UK health leaders plain packs will help "make smoking history" and "the dominos are lining up".  The Guardian 24/1/12   Feb. 2012: UK tobacco industry launches its anti-plain packs  website  including the 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 has used "every trick in the book" including "corporate restructuring" to help its legal challenge to plain packaging. The government has asked the Arbitral Tribunal to reject a Philip Morris Asia case under an Australia- Hong Kong investment treaty because PM Asia did not acquire its share in the Australia operation until almost a year after the plain packs policy was announced.  Sydney Morning Herald 22/12/11  
The government says it's determined to maintain transparency by updating the case at  Attorney-General's website 
Philip Morris hid harm from additives:    Independent (UK) 21/12/11     Full study      ASH release 22/12/11

Philip Morris International joins in High Court litigation
December 2011: Philip Morris International Inc. joins its Hong Kong subsidiary in suing the Australian Government over plain packaging. PMI is taking action in the High Court, along with other tobacco companies BAT, Imperial and Japan Tobacco.  Philip Morris Asia Ltd launched an arbitration case over the law in November under Australia's bilateral investment treaty with Hong Kong.  Law360 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 become Australia's first female Attorney-General, has promised to use her legal skills "take the fight up to big tobacco" in defending the plain packs legislation against the industry's legal challenges. The new Health Minister is Tanya Plibersek, promoted to Cabinet.  Prime Minister Gillard release 12/12/11    Herald Sun 12/12/11    Nicola 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 tobacco plain packaging legislation receives Royal Assent. Preliminary stages begin, tobacco companies having exactly one year to comply by December 1, 2012. Minister Roxon says cigarette packs will now "only serve as a stark reminder of the devastating health effects of smoking." As expected, BAT and Imperial lodge High Court challenges - joining Philip Morris, who took legal action last month.  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 is "actively considering" following Australia's lead and introducing plain tobacco packaging. 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 announces revised timetable for introduction of plain packs, after Senate delays. Preliminary stages to start from Royal Assent (previously 1 January);  offences re Australian manufacture of non-compliant product to start 1 October 2012 (was 20 May); all tobacco products sold in plain packs from 1 December (was 1 July). Also a minor Government amendment to permit rounded corners on inside lip of packs. ASH Australia  

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: The 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. More: 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 packet warning increase 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 Prof Matthew Rimmer 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 the Heart Foundation welcome House of Representatives inquiry report endorsing the plain pack bills - and urge parliament to get on with passing them. After lengthy public consultation and the inquiry, the Parliamentary Standing Committee on Health and Ageing unanimously recommended 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 a Newspoll survey.  The Australian 20/8/11 

Tobacco loses bid to dig out 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 parliamentary hearing the proposed timetable for mandatory plain packs is "impossible", will cause shortages, feed black markets. Health leaders say the industry is "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 confirms tobacco industry exaggerated claims on extent of illicit tobacco use. 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 research on plain packs shows they'll improve effectiveness of health warnings, reduce misconceptions and appeal, especially to children. Quit/Cancer Council Vic review of published studies also finds no legal barriers; tobacco industry claims on illicit trade "exaggerated and misleading."  Evidence review May 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 tobacco diseases 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
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
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

WORLDWIDE DEVELOPMENTS   
See also  History of Plain Packaging: world timeline from 1986-present

UK about to launch plain packs consultation
January 2012: The UK government is expected to launch its public consultation on mandatory plain tobacco packaging in March, following Australia's historic enactment of the health policy. ASH Australia director Prof Simon Chapman has told UK health leaders plain packs will help "make smoking history" and "the dominos are lining up".  The Guardian 24/1/12

Minister outlines treaty obligations

November 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 

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 packaging - while tobacco industry already threatens the kinds of legal action assessed as "unfounded" and "largely vexatious" by Australian independent legal experts.  3news.co.nz report 12/11/11

Australia reassures World Trade organization on plain packs
October 2011: World Trade organisation debates Australia's plain pack bills. Tobacco-producing countries claim that the law will violate TRIPS Agreement obligations by preventing tobacco companies from using trademarks, "hurting poor farmers"; would "make counterfeiting easier", or "cut costs and lower prices".  See answers in  EVIDENCE below   Other countries support Australia's stand, nations’ health policy rights. WHO outlines serious global picture, says plain packs in line with its Framework Convention on Tobacco Control. The issue also raised in Technical Barriers to Trade (TBT) Committee.  WTO minutes 24-15/10/11         

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, falsely claim Australia's plain pack bills violate international trade obligations. Urges 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 packet warning increase as world applauds Australia
September 2011: Canada approves bigger graphic pack health warnings, as world leaders welcome Australia's plain pack move. Canada will put graphic warnings on 75% of both front and back of packs by June 2012. Canada along with several other countries reported to be watching Australia's reform closely, considering future policy.  American Broadcasting Corp report 29/9/11  

Malaysia lobbied to derail Australian bills 
May 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
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 WHO's Western Pacific Regional Director Dr Shin Young-Soo.  ABC The Drum opinion 26/5/11    

The world is watching - see  Framework Convention Alliance report 21/4/11 

Belgium
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 
2010:  European Commission holds public consultation on revision to European Union's Tobacco Products Directive. One measure for consultation is plain/generic packaging.  More

France
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 

New Zealand
2011: New Zealand's government "actively considering" following Australia's lead and introducing plain tobacco packaging - while tobacco industry already threatens the kinds of legal action assessed as "unfounded" and "largely vexatious" by Australian independent legal experts.  3news.co.nz report 12/11/11   Associate Health Minister says NZ following "inevitable"  stuff.co.nz report 29/6/11     NZ Parliament Maori Affairs Committee report 2010 - see pp. 16-18   

Turkey
2011:  Turkey's government is reported to be considering plain packs legislation - Health Minister Recep Akdag asking Turkish regulatory officials to work with the WHO towards beginning technical studies.   Bloomberg News 7/9/11

United Kingdom
January 2012: The UK government is expected to launch its public consultation on mandatory plain tobacco packaging in March, following Australia's historic enactment of the health policy. ASH Australia director Prof Simon Chapman has told UK health leaders plain packs will help "make tobacco history".  The Guardian 24/1/12  
March 2011 government media release  and  UK plan  and more  details     2010 White Paper  

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   

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 AAR campaign, urged all parties to honour July 2012 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 was hastily formed with sole shareholder and sham address, and campaign was from the tobacco industry, not small retailers.  Melbourne Age 14/8/10  

EVIDENCE AND RESOURCES      

The legislation
  
Introduced July 2011. Read the two Australian Acts: 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

Tobacco Facts: Plain Packaging of Tobacco  - ASH Australia's 2 page factsheet, 2011

Plain Packs evidence review - two decades of independent research, May 2011

Plain packaging: the facts - Cancer Council Victoria

Cancer Council Australia position statement

Packaging impact research

Plain packs focus eyes on health warnings: study

May 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 packaging "appears to increase visual attention towards health warning... and away from brand information."  Abstract  and  Guardian 30/5/11 

Two decades of evidence for plain packs: research review

May 2011: 20-year review of research on plain packaging shows it will improve effectiveness of health warnings, reduce 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 May 2011

Current packs mislead smokers: study

20% of smokers wrongly believe some tobacco brands safer than others, says 2011 worldwide study including 2000 Australians. Over 40% still wrongly believe "light" brands (suggested by pack colours) less harmful. Study in Addiction journal boosts case for plain packs. Addiction release 12/4/11

Plain packs influence teens: study
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
Colours of cigarette packs can mislead smokers into thinking certain brands are less harmful, says 2009 study. Full study pdf      Sydney Morning Herald report 5/8/09

Legal arguments

January 2012: Australia's plain tobacco packaging laws have a good prospect of resisting tobacco industry legal challenges, say independent legal experts in the Journal of the Australian Medical Association. Full paper 

2011:  "The world is no longer Big Tobacco's ashtray" - tobacco industry's legal tactics analysed by Prof Simon Chapman of the University of Sydney in an ABC Radio National Law Report feature.  ABC The Drum opinion 24/11/11 

2011: Tobacco industry legal arguments against plain packs dismissed as "huff and puff" by Australia's Health Minister and "largely vexatious" by legal experts. Minister Roxon rejects the industry's legal threats as "huff and puff" and quotes legal experts' opinions that the legislation is consistent with international law. Minister release 14/9/11   Experts quoted include A/Prof Matthew Rimmer, ANU intellectual property law specialist, who tells Senate inquiry tobacco industry legal threats are in his view "largely vexatious"; the bills are consistent with Australian laws and treaty commitments; that Big Tobacco claims for billions in compensation are "outlandish" and "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 - concludes "They haven't got a case." Prof Davison's earlier comments, Melbourne Age 4/5/10  

Other tobacco industry arguments

National survey of illicit tobacco use shows industry claims fanciful
July 2011: National government survey of 26,000+ Australians confirms tobacco industry claims on  extent of illicit tobacco exaggerated. 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. Demolishes tobacco industry claims that one in "5 or 6" cigs sold in Australia is illicit.  AIHW survey  Tables 3.11 & 3.12, pp. 39-40    Compare tobacco-commissioned  Deloitte report, Feb 2011  and  BAT inquiry testimony

Plain packs will have no impact on illicit purchase: study
Tobacco industry and its allies (see above) assert plain packaging will boost illicit trade. Not so, says 2011 study of young adults in European Journal of Public Health. Abstract   

History

Timeline of key events  in the battle for plain packaging

From brand to bland - the demise of cigarette packaging 
July 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
May 2011: Public support for plain packaging is withstanding Big Tobacco's multi-million dollar mass media onslaught. Community support still outnumbers opposition by more than 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

TOBACCO INDUSTRY'S "PLAIN PACK ATTACK"

"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

• Plain Packs evidence review - industry claims vs two decades of research (May 2011)

• Why the tobacco industry fears plain packaging - Prof Simon Chapman (MJA 5/9/11) 

• Why Big Tobacco is REALLY worried  - by a former tobacco exec (SMH  20/4/11)

• Smiling ad smoothies - the ad-men behind BAT's plain pack attack (Australian 18/7/11)

• Tobacco industry's smokescreen - Kevin Brown summary (Financial Times  Asia, 7/9/11) 

• Tobacco case "largely vexatious": expert's opinion - Dr Matthew Rimmer, ANU (14/9/11) 

Philip Morris International joins in High Court litigation
December 2011: Philip Morris International Inc. has joined its Hong Kong subsidiary in suing the Australian Government over plain packaging. PMI is taking action in the High Court, along with other tobacco companies BAT, Imperial and Japan Tobacco.  Philip Morris Asia Ltd launched an arbitration case over the law in November under Australia's bilateral investment treaty with Hong Kong.  Law360 20/12/11   JTI joins High Court action: PRNewswire 14/12/11  

Imperial, JTI join in High Court actions
December 2011: Japan Tobacco International, a minor player in Australia but a big worldwide tobacco force, has added its High Court suit to legal actions take by other tobacco companies.  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 a High Court suit against the Australian Government, claiming the Plain Packs legislation is unconstitutional in acquiring the company's trademarks without just compensation.  BATA release 1/12/12 

Philip Morris Asia sues
November 2011: After passage by parliament of 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  

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  - US Chamber of Commerce, National Association of Manufacturers, Emergency Committee for American Trade, US Council for International Business, National Foreign Trade Council, US-ASEAN Business Council and TransAtlantic Business Dialogue issue statement after Senate passage of plain pack bills, reiterating “deep concerns” at “draconian assault” that “will violate Australia's international trade obligations and undermine the rules-based international trading system, without advancing public-health objectives.” The groups report that “Some of us were able to relay these concerns directly to the Prime Minister in a meeting related to the APEC Leaders Summit in Hawaii.” US Chamber of Commerce and 6 other groups release 13/11/11 no PR47284 at  www.asianetnews.net

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" 

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. The ad asks "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: BAT Australia and Philip Morris fail in their attempts to get access to government legal advice on plain packaging, 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 "silly" (but tobacco-paid junkets are not)
August 2011: Transatlantic think tank the Democracy Institute opposes plain packs in submission  to the House of Reps inquiry and in media articles in Australia and NZ. The Institute has a history of connection with the tobacco industry, which funds some of its publications and travel. The tobacco industry tries to persuade NZ not to follow Australia in legislating for plain packs.  Dominion Post NZ, 17/8/11 - see at bottom acknowledgment that author's trip to NZ was funded by Philip Morris

Indonesia, Mexico complain plain packaging will "hurt trade"

August 2011: Indonesia and Mexico have made submissions to the Australian parliamentary inquiry complaining that mandatory plain tobacco packaging is "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 parliamentary hearing the proposed timetable for mandatory plain packs is "impossible", will cause shortages and feed black markets. Health leaders say the industry is "bluffing" and had years of warning. Melbourne Age, 5/8/11 

Also addressing the House of Representatives committee reviewing the bills: the National Preventative Health Agency, Dept of Health, major health groups - who outlined worldwide evidence, warning tobacco industry claims could not be trusted.  Inquiry site including transcripts

Claims in the Crow testimony include:
- "No evidence" for effectiveness.  But see  the evidence

- "Lack of engagement, consultation and transparency" in the process. 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 cigarettes. Even 15.6% is 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 smoking uptake in Australia in just under 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 and Imperial, and also: 

Brazil Intellectual Property Assoc, AIPPI (world intellectual property body) Australia, Alliance of Australian Retailers, American Legislative Exchange Council, APCO service stations, Australasian Assoc of Convenience Stores, Australasian Convenience and Petroleum Marketers Assoc, Australian Newsagents' Fed, Australian Retailers' Assoc, Business Civil Liberties, Cigarworld Australia, Cigar Retailers Assoc, Convenience and Mixed Business Assoc, 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 form letters), Indonesian Government,  Institute for Policy Innovation,  Institute of Patent and Trademark Attorneys of Australia, International Assoc for Protection of Intellectual Property, International Chamber of Commerce, International Trademark Assoc, Japan Tobacco International, Master Grocers Australia-Liquor Retailers Australia, Mexican Government, National Assoc of Manufacturers, National Assoc of Retailer Grocers Australia, National Foreign Trade Council, Nicaraguan Government, Pacific Cigar Co, Property Rights Alliance,  Scandinavian Tobacco, Service Station Association, 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 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  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  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", says Prof Simon Chapman:  ABC online 6/7/11    Minister brands tobacco survey "bogus", "deceptive":  Telegraph, Sydney 12/7/11 

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"
May 2011: International Chamber of Commerce attacks Australia's "bad public policy", claims "dangerous precedent" on trademarks; repeats other tobacco industry claims - increased counterfeiting, other countries "rejected", "no research". Doesn't 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 hasn'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 Prof Mark Davison 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 more than 60,000 formerly secret industry docs show them aggressively blocking health reforms that would have helped smokers quit; 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
Feb. 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
Feb. 2011: The Plain Pack Attack by Australia's Big 3 tobacco companies, fronted by a retailer group, was 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
Feb. 2011: Philip Morris and BAT seek thousands of  files on proposed reforms under Freedom Of Info - huge drain on Health Dept time, 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 repudiated the ads. 

Tobacco industry marshals powerful friends to oppose reform
2010: Powerful tobacco industry allies - US-ASEAN Business Council, International Chambers of Commerce, others - made 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.  See  Crikey comment 5/3/10  by ASH director Prof Simon Chapman 

Philip Morris scares retailers
2009: Tobacco giant Philip Morris' glossy scare campaign to Australian tobacco retailers against plain packaging - claiming it would 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 has 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 against plain packs or lobbying the 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: 
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 in 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   

 

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Page last updated 2/2/12