Australian court deals blow to tobacco industry with new packaging laws

Australia’s highest court endorsed tough new anti-tobacco marketing laws on Wednesday, dismissing a legal challenge from global cigarette companies in a major test case between tobacco giants and anti-smoking campaigners.

Tobacco giants 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 judgment will be released later.

The decision means cigarettes and tobacco products must be sold in plain olive green packets without branding from Dec. 1. The plain packages will also carry graphic health warnings.

The plain packaging laws have been championed by Australia’s Attorney-General Nicola Roxon.

“The decision having been handed down today means that tobacco companies no longer have any excuses not to get on with implementing this measure,” said Roxon. “We urge them with the highest court in Australia having made clear that this is a step that the Australian people and the Australian parliament can take that it is time for the tobacco companies to get on with implementation and to stop trying to challenge this measure further in our international courts.”

“This is a victory for all of those families who have lost someone to tobacco related illness,” added health minister Tanya Plibersek. “It’s for anyone who has lost someone to smoking. This one’s for you.”

Australia wants to cut the number of smokers from around 15 per cent of the population to 10 per cent by 2018. Authorities say smoking kills around 15,000 Australians a year.

Sydney residents expressed mixed views on the effectiveness of the new law.

“I think it’s a good idea because I work in the health industry and I see thousands, hundreds of people that suffer the effects that smoking causes, from obstructive airways disease to lung cancer, and I see a lot of families of people whose families really suffer as a result,” a nurse, Regina Barry, said. “So I think plain packaging is a deterrent, most definitely.”

“It’s a good idea but whether it’s going to work or not I don’t think so because a smoker is going to smoke regardless of what the package says,” non-smoker, Carlos Barros added.

The World Health Organization estimates more than 1 billion people around the world are regular smokers, with 80 per cent in low and middle income countries.

The laws are in line with World Health Organization recommendations and are being watched closely by Britain, Norway, New Zealand, Canada and India, who are considering similar measures to help fight smoking.