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Plain packaging may be unconstitutional

Australia

According to some legal experts in Australia, new legislation that targets tobacco companies proposed by the Australian government may, in fact, be unconstitutional.
The proposed bill orders tobacco companies to sell cigarettes in plain packages only and regulates the use of tobacco companies’ trademarks once the plain packaging bill becomes law, since it renders the trademarks commercially useless.
Yet, there is no evidence that suggests that anyone at all takes up smoking because of colorful packaging. On the contrary, large text warnings that already take up a large portion of the package leave very little room for the manufacturers’ own designs. As for existing smokers, people still buy alcohol with plain labels and there’s nothing to suggest smokers will be discouraged by plain packaging.
The real danger lies in smuggling and counterfeiting, as plain packaging would make it much more difficult to distinguish illegal products.
The tobacco companies in Australia have already stated their intention to seek billions of dollars in compensation and by all accounts have a solid case.
 

Quarter 1, 2012


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