ASH Action: 
  Plain packaging of tobacco

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   

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

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

• Plain packs evidence review 2011 - 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)

• Tobacco giants warn poor little stupid Australia  - Economist  Ross Gittins (SMH, 30/5/11) 

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.  

This link will help you become an ASH supporter (no cost)

You can also help us by supporting us financially - or with your time and effort…..

 

Page last updated 20/5/13