Australian court approves tobacco pack logo ban

Australia called on the world to match its tough new anti-tobacco marketing laws that will ban logos on cigarette packs, after its highest court on Wednesday dismissed a challenge from global manufacturers.

The decision means that from December 1 cigarettes and tobacco products must be sold in plain olive green packets with graphic health warnings, such as pictures of mouth cancer and other smoking-related illnesses.Although the impact of Australia on their global business is small, the law could have a major effect if it is adopted as a precedent in other countries, especially the fast-growing economies that cigarette firms see as markets of the future.The laws are in line with World Health Organisation recommendations and are being watched closely by countries including Britain, Norway, New Zealand, Canada and India, who are considering similar measures to help fight smoking.British American Tobacco, Britain’s Imperial Tobacco, Philip Morris and Japan Tobacco challenged the laws in Australia’s High Court, claiming the rules were unconstitutional because they effectively extinguished their intellectual property rights.In a brief statement, the High Court said a majority of its seven judges believed the laws did not breach Australia’s constitution. A full judgement will be released later.The World Health Organisation estimates that more than 1 billion people around the world are regular smokers, with 80 percent in low- and middle-income countries.Supporters of the measure hailed the legal victory as an important step for public health in Australia and any other countries that may copy it.Australian Attorney-General Nicola Roxon hailed the ruling as ‘a watershed moment for tobacco control around the world’.’The message to the rest of the world is big tobacco can be taken on and beaten,’ said Roxon, whose father, a smoker, died of cancer when she was 10.’We hope other nations follow Australia’s lead and eliminate the use of tobacco packaging as a marketing tool, to help reduce the global tobacco death toll – which is on track to reach half a billion people this century,’ said Australia’s Cancer Council chief executive Ian Olver.Countries with legal systems similar to Australia’s may be among the first to try to copy the packaging logo ban.A spread of plain-package laws to emerging markets such as Brazil, Russia or Indonesia could threaten cigarette firms’ sales growth.In Indonesia, the government said it would like to follow Australia’s example: ‘That’s excellent … this is one way to protect the people,’ Health Minister Nafsiah Mboi told Reuters.However, anti-tobacco campaigner Tulus Abadi, head of the national commission on tobacco control, said there had been little movement from the government on a draft law to include graphic warnings on cigarette packets like those in Australia.ChallengesTobacco firms say plain packaging laws violate their intellectual property rights and will stimulate a black market in fake or illegally imported cigarettes.’It’s still a bad law that will only benefit organised crime groups, which sell illegal tobacco on our streets,’ British American Tobacco Australia spokesman Scott McIntyre said after the decision. However, he said the firm would comply.Firms can also use free trade arguments against plan packaging laws. Australia is already fighting trade complaints in the World Trade Organisation (WTO) from Ukraine, Honduras and the Dominican Republic, which claim the laws unfairly restrict trade, although their trade with Australia is negligible.Philip Morris said it would launch a legal challenge against the laws under a bilateral Australia-Hong Kong investment agreement.’There is still a long way to go before all the legal questions about plain packaging are fully explored and answered,’ Philip Morris spokesman Chris Argent said in a statement.- Nampa-Reuters