Plain tobacco packaging

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Plain tobacco packaging, also known as generic, neutral, standardised or homogeneous packaging, refers to packaging that requires the removal of all branding (colors, imagery, corporate logos and trademarks), permitting manufacturers to print only the brand name in a mandated size, font and place on the pack, in addition to the health warnings and any other legally mandated information such as toxic constituents and tax-paid stamps. The appearance of all tobacco packs is standardised, including the colour of the pack.

The removal of branding on cigarette packaging aims to deter smoking by removal of positive associations of brands (including design and symbol) with the consumption of tobacco. It also aims to remove an available avenue of brand advertising for cigarette companies.

Australia was the first country in the world to introduce plain packaging, with all packets sold from 1 December 2012 being sold in logo-free, drab dark brown packaging. There has been opposition from tobacco companies to plain packaging laws, some of which have sued the Australian government. Since the Australian government won the court cases, several other countries have enacted plain packaging laws.

Plain packaging was included in guidelines to the WHO Framework Convention on Tobacco Control (WHO FCTC).

In 2016, on World No Tobacco Day, held on 31 May, the World Health Organization (WHO) called on governments to get ready for plain packaging of tobacco products.[1]

History[edit]

Plain packaging appears to have been first suggested in 1989 by the New Zealand Department of Health’s Toxic Substances Board which recommended that cigarettes be sold only in white packs with black text and no colours or logos.[2]

Public health officials in Canada developed proposals for plain packaging of tobacco products in the 1990s. A parliamentary committee reviewed the evidence and concluded that plain packaging could be a “reasonable step in the overall strategy to reduce tobacco consumption”.[3] The committee recommended that legislation be implemented pending the outcome of government-sponsored research on the likely effectiveness of plain packs. However following tobacco industry lobbying and changes in government ministers the proposal was dropped.[4]

Australia, with the enactment of the Tobacco Plain Packaging Act on 12 December 2011,[5] became the first country in the world to require tobacco products to be sold in plain packaging. Products manufactured after 1 October 2012, and all on sale after 1 December 2012 must be in the plain packaging.[6][7]

Following Australia's lead a number of other countries also require standardized packaging including France (applies to cigarettes sold after January 2017), United Kingdom (May 2017), New Zealand (June 2018), Norway (July 2018), Ireland (September 2018) and Hungary (May 2019).

Evidence[edit]

Only indirect evidence of plain packaging's effectiveness was available until its release in Australia. On 24 May 2011, Cancer Council Australia released a review of the evidence supporting the introduction of plain packaging to reduce youth uptake.[8] The review had been conducted by Quit Victoria and Cancer Council Victoria. The review includes 24 peer-reviewed studies conducted over two decades, suggesting that packaging plays an important role in encouraging young people to try cigarettes.[9] First impressions in Australia indicated that smokers feel that cigarettes taste worse in plain packaging – an unexpected side effect.[10][11] In addition, evidence from quantitative studies, qualitative research and the internal documents of the tobacco industry consistently identify packaging as an important part of tobacco promotion.

Plain packaging can change people's attitudes towards smoking and may help reduce the prevalence of smoking and increase attempts to quit.[12]

Studies comparing existing branded cigarette packs with plain cardboard packs bearing the name and number of cigarettes in small standard font, found plain packs to be significantly less attractive.[13][14] Additionally, research in which young adults were instructed to use plain cigarette packs and subsequently asked about their feelings towards them confirmed findings that plain packaging increased negative perceptions and feelings about the pack and about smoking. Plain packs also increased behaviours such as hiding or covering the pack, smoking less around others, going without cigarettes and increased thinking about quitting. Almost half of the participants reported that plain packs had either increased the above behaviours or reduced consumption.[15] Auction experiments indicated that a likely outcome of plain packaging would be to drive down demand of tobacco products.[16]

A 2013 review found that plain packaging increased the importance of health warnings to consumers. Plain packaging in a darker colour was associated with more harmful effects.[17] Furthermore, plain packaging reduced confusion around health warnings.[18]

Plain packaging with large, graphic, warnings, was considered to impact on smoking cessation.[19]

There is little evidence yet as to what effect plain packaging will have on smoking in lower-income countries.[20]

Opposition[edit]

Advertisement companies and consultants for the tobacco industry expressed concerns that plain cigarette packaging may establish a precedent for application in other industries.[21] In 2012, correspondence between Mars, Incorporated and the UK Department of Health conveyed concerns that plain packaging could be extended to the food and beverage industry.[22][23] Together, with other policies such as tobacco taxes, plain packaging is considered by some as a form of social engineering.[24][25]

A study commissioned by Philip Morris International indicated that plain packaging would shift consumer preferences away from premium towards cheaper brands.[26]

The tobacco industry also expressed concern that plain packaging would increase the sales of counterfeit cigarettes. Roy Ramm, former commander of Specialist Operations at New Scotland Yard and founding member of The Common Sense Alliance,[27] a think tank supported by British American Tobacco,[28] stated that it would be "disastrous if the government, by introducing plain-packaging legislation, [removed] the simplest mechanism for the ordinary consumer to tell whether their cigarettes are counterfeit or not."[29]

Arguments against plain packaging include its effect on smuggling, its effect on shops and retailers, and its possible illegality. A study published in July 2014 by the British Medical Journal refuted those claims.[30]

In reporting Philip Morris's legal action against the Australian project, The Times of India noted in 2011 that plain packaging legislation was being closely watched by other countries, and that tobacco firms were worried the Australian plain packaging legislation might set a global precedent.[31]

In July 2012 it was reported that the American lobbying organisation American Legislative Exchange Council (ALEC) had launched a worldwide campaign against plain packaging of cigarettes. With the backing of tobacco companies and other corporate interests, it was targeting governments planning to introduce bans on cigarette branding, including the UK and Australia.[32] Tobacco companies were also reported to have provided legal advice and funding to Ukraine and Honduras governments to launch a complaint in the World Trade Organization (WTO) on the grounds that the Australian legislation is contrary to a WTO intellectual property agreement. WTO complaints must be made by Governments, not companies.[33] British American Tobacco confirmed that they were helping Ukraine meet legal costs in their case against Australia.[34]

By May 2013 Cuba,[35] Ukraine, Honduras and the Dominican Republic challenged Australia's rules through the WTO by filing requests for consultations, the first step in challenging Australia’s tobacco-labelling laws at the WTO[5] A request for consultations opened a 60-day negotiation window after which a formal complaint could be filed which, if successful, might have led to increased tariffs on Australian exports. On 28 May 2015 Ukraine, which exports no tobacco to Australia, decided to suspend its WTO action initiated by the previous Ukrainian government.[34] The packaging of Cuban cigars is considered to contribute significantly to sales.[5]

By country[edit]

  Plain packaging
  Passed into law, but not yet in force

Australia[edit]

Under the legislation, companies have had to sell their cigarettes in a logo-free, drab dark brown packaging from 1 December 2012.[36] Government research found that a specific olive green colour, Pantone 448 C, was the least attractive colour, particularly for young people.[37][38] After concerns were expressed over the naming of the colour by the Australian Olive Association, the name was changed to drab dark brown.[39] With the plain packaging and tax increases[40] the Australian government aimed to bring down smoking rates from 16.6 per cent in 2007 to less than 10 per cent by 2018.[41] Statistics published in 2014 showed that the amount of excise and customs duty on cigarettes fell by 3.4 per cent in Australia in 2013 compared to 2012 when plain packaging was introduced.[42][43] Some commentators referred to data provided by the tobacco industry and claimed that the tobacco sales volume had increased by 59 million sticks (individual cigarettes or their roll-your-own equivalents) during the same period.[44][45] According to Philip Morris International, 2013 saw a 0.3 per cent increase in tobacco sales compared to 2012.[46][47] Other commentators however contradicted these claims based on data published by the Australian Bureau of Statistics in March 2014.[48][49][50] A study conducted by KPMG for three major cigarette manufacturers had found that illegal trade of drastically cheaper cigarettes had significantly increased,[51] but an article in The British Medical Journal refutes this.[52] After one year of plain cigarette packaging rule implementation, a special supplement to the British Medical Journal described that before plain packaging implementation 20% smokers want to quit, but after implementation 27% smokers want to quit. The study found that plain packaging reduces brand appeal and brand image of tobacco products.[53] If true, this would foretell fewer new smokers taking up the habit. An analysis of Philip Morris claims that "the data is clear that overall tobacco consumption and smoking prevalence has not gone down" concluded that this "claim is wrong".[54]

Tobacco industry response[edit]

In August 2010, Philip Morris International, British American Tobacco and Imperial Tobacco formed the Alliance of Australian Retailers, which commenced a multimillion-dollar campaign against plain cigarette packaging. The campaign focused on grassroots advocacy (astroturfing), ostensibly on behalf of small business owners.[55] When the funding source of the campaign was made public, large retailers such as Coles and Woolworths quickly withdrew support for the campaign.[56][57] The tobacco companies subsequently hired a public relations firm to oversee the campaign.[58]

In May 2011, British American Tobacco launched a media campaign suggesting that illicit trade and crime syndicates would benefit from plain packaging.[59] BATA CEO David Crow threatened to lower cigarette prices in order to compete, which he claimed could result in higher smoking amongst young people.[60] Mr Crow later commented he would tell his own children not to smoke cigarettes, because they are unhealthy.[61]

The BATA campaign is largely based on a report from Deloitte. Several of the claims contained in the report related to border protection, and have since been publicly refuted by customs officials, and the report itself indicated that it had relied extensively on unaudited figures supplied by the tobacco industry itself.[62][63]

In June 2011, Imperial Tobacco Australia launched a secondary media campaign, deriding plain packaging legislation as part of a Nanny state.[64]

In June 2011, Philip Morris International announced it was using the provisions in a Hong Kong/Australia treaty to demand compensation for Australia's plain packaging anti-smoking legislation. As a US-based company, Philip Morris could not sue under the US-Australia Free Trade Agreement. The company rearranged its assets to become a Hong Kong investor in order to use the investor-state dispute settlement provisions in the Australia-Hong Kong Bilateral Investment treaty (BIT).[33] Immediately following the passage of legislation on 21 November 2011, Philip Morris announced it had served a notice of arbitration under Australia's Bilateral Investment Treaty with Hong Kong, seeking the suspension on the plain packaging laws and compensation for the loss of trademarks.[6] Allens Arthur Robinson represented Philip Morris.[65] In response, Health Minister Nicola Roxon stated that she believed the government was "on very strong ground" legally, and that the government was willing to defend the measures.[66][67] The continuance of trade and investment proceedings on the issue has been described as an affront to the rule of law in Australia.[68] Dr Patricia Ranald, Convener of the Australian Fair Trade and Investment Network said that big tobacco and other global corporations are lobbying hard to include the right of foreign investors to sue governments in the current negotiations for a Trans-Pacific Partnership Agreement (TPPA).[33] Philip Morris International lost its case in December 2015.[69]

In November 2011, British American Tobacco announced that it would challenge the laws in the High Court as soon as they gained royal assent.[70] In August 2012, the High Court ruled in favour of the Australian government.[71]

British American Tobacco placed freedom of information requests on a Cancer Institute NSW research survey of school students aged between 12 and 17, which asked how they react to plain packaging, where they get cigarettes from and what age they started smoking.[72][73] The Cancer Council Victoria fought the FOI request, saying that the tobacco company wanted to use the survey information to change their marketing to children to increase cigarette smoking among youth.

Other responses[edit]

The World Health Organization applauded Australia’s law on plain packaging noting that “the legislation sets a new global standard for the control of a product that accounts for nearly 6 million deaths each year".[74]

The Cancer Council of Australia hailed the passing of the legislation, stating, “Documents obtained from the tobacco industry show how much the tobacco companies rely on pack design to attract new smokers....You only have to look at how desperate the tobacco companies are to stop plain packaging, for confirmation that pack design is seen as critical to sales."[75] The World Health Organization's director for the Western Pacific also congratulated Australia and stated that all countries and areas in the Western Pacific should follow Australia's good example.[76]

Speaking on Radio Australia, Don Rothwell, professor of international law at the Australian National University, noted that Philip Morris was pursuing multiple legal avenues. The Notice of Arbitration under the bilateral investment treaty between Hong Kong and Australia has a 90-day cooling off period after which the case would most likely be sent to the International Centre for Settlement of Investment Disputes in Washington. He stated that Philip Morris was most likely aiming for the Australian Government to back down, or failing that, to sue for compensation. He said the questions to decide are whether the legislation means that Australia would acquire property by the imposition of these rules and if this legislation is a legitimate public-health measure.

Professor Rothwell noted "...the growing recognition of the legitimacy of public health measures of this type." Professor Rothwell estimated that the legal cases, including any case before the High Court, would take up to a year to decide.[77] However, in the United States, Judge Richard J. Leon ruled that graphic health warning labels "clearly display the government’s opinion on smoking" which he said "cannot constitutionally be required to appear on the merchandise of private companies." He ruled that these warnings would unfairly hurt their sales, that the warnings were crafted to provoke an emotional response calculated to quit smoking or never to start smoking. This, the judge ruled, was "an objective wholly apart from disseminating purely factual and uncontroversial information." This finding may be appealed.[78][79][needs update]

The Associated Press noted that Philip Morris took "less than an hour" to launch legal action against the Australian legislation. It also stated that Australian legislation followed the lead of Uruguay which requires that 80 per cent of cigarette packages is devoted to warnings and Brazil, where cigarette packages display "graphic images" of dead fetuses, haemorrhaging brains and gangrenous feet.[80]

Gavin Allen of the Daily Mail newspaper reported that the Philip Morris lawsuit could cost the Australian government "billions". He also noted that the Australian law is being closely watched by other governments in Europe, Canada and New Zealand. In 2005, the World Health Organization urged countries to consider plain packaging, and noted that Bhutan had banned the sale of tobacco earlier in 2011.[81]

New Zealand Associate Health Minister Tariana Turia congratulated the Australian health minister, noted that tobacco labelling rules have long been harmonised between Australia and New Zealand, and looked forward to New Zealand following suit.[82]

Legislation[edit]

In April 2011, Minister Roxon released an exposure draft of plain packaging legislation with an expected start date of 1 July 2012.[83] Australian newspapers reported that the legislation was likely to pass despite concerns from the Opposition. It was suggested the Opposition resistance to the legislation was due to their continuing acceptance of funding donations from tobacco companies.[84]

On 31 May 2011 Liberal leader Tony Abbott announced that his party would support the legislation, and would work with the government to ensure the legislation is effective.[85]

Minister Roxon introduced the plain packaging bill to Parliament on 6 July 2011,[66] and it passed through the Lower House on 24 August 2011.[86] The legislation passed the Upper House on 10 November 2011 with the amended start date of 1 December 2012.[36] Due to the changed start date the legislation returned to the Lower House before being given royal assent.[87] Legislation finally passed on 21 November 2011.[6]

Belgium[edit]

In March 2015, a early day motion forwarded by deputy Catherine Fonck to consider plain packaging in Belgium. However, it was opposed and stuck down by the federal Public Health select committee.[88] Later in November 2016, the health minister Maggie De Block said she is open to idea of plain packaging, once the introduction of plain packaging in France and the UK has been reviewed. This was done on top of a list of new tobacco laws such as increasing taxes and raising the purchasing age to 18.[89]

Canada[edit]

In 2011, Health Canada introduced changes to the tobacco products labelling regulations that included 16 new graphic health warnings covering 75% of the principal faces of cigarette and little cigar packages. As of September 2015, Health Canada is not planning regulatory action that would require plain or standardised packaging of tobacco products. The department considers its commitment to introduce health-related labelling requirements on cigarettes and little cigars fulfilled.[90]

In early October 2015, the Liberal Political Party leader, Justin Trudeau, announced that he would include the introduction of plain tobacco packaging as part of his platform, under the heading of Healthier Kids.[91] He has received positive feedback from cancer advocacy groups, including the Canadian Cancer Society.[92] He has since become the Prime Minister and has told his Health Minister, Jane Philpott, that he expects her to "Introduce plain packaging requirements for tobacco products, similar to those in Australia and the United Kingdom".[93]

European Union[edit]

In 2010 the European Commission launched a public consultation[94] on a proposal to revise Directive 2001/37/EC which covers health warnings, limits on toxic constituents, etc., for tobacco products. The consultation included a proposal to require plain packaging. Although Commissioner Dalli has rejected plain packaging as an option,[95] the European Union included in its proposal for a new Tobacco Products Directive the option for the Member States to introduce plain packaging.[96] Legal scholars consider plain packaging to be consistent with primary European law[97] and German law.[98]

The directive adopted April 3, 2014 explicitly states that 28 EU countries have the option of implementing plain packaging, a provision upheld on May 4, 2016 by the European Court of Justice as valid when dismissing a tobacco industry legal challenge.[99]

France[edit]

In December 2010, a UMP member of the French parliament tabled a member's Bill aimed at creating plain packaging. However the bill did not pass despite ongoing support from health associations.[100] As in other countries there was fierce protest from the tobacco industry and tobacco retailers associations. The health minister also seemed lukewarm in his support, preferring to see the effect of newly introduced health warnings.[101]

Under the next legislature however, the Socialist new government health minister, Marisol Touraine, said she would fight especially at the European level for "neutral packaging". As in Australia, the tobacco industry countered that generic packaging would be easy to counterfeit, which would increase illegal cigarette sales.[102] The EU directive eventually contained no explicit measures regarding plain packaging. In reaction, the French government announced the introduction of a bill containing provisions for generic cigarette packaging on 25 September 2014.[103] The bill was passed on 17 December 2015. The tobacco industry promptly attacked it in court, but lost its case. This legislation was upheld on 21 January 2016 as constitutional by France’s Constitutional Council. [104]

Cigarettes manufactured after 20 May 2016 or sold after 1 January 2017 must be in plain packaging.[105]

Hungary[edit]

The Decree of 16 August 2016 requires that new cigarette and tobacco brands that will be introduced on the Hungarian market after 20 August 2016 has to be in a uniform plain packaging, void of brand logos. Eventually, all cigarette and tobacco products are to be sold in uniform packs from 20 May 2019.[106]

As of July 2017 the first cigarettes with unified plain packaging hit the Hungarian market. Since after 20 August 2016 new brands have to be placed onto market with plain package, one new cigarette brand of Von Eicken GmbH was forced to be launched with such unified package. This means that Hungary became the fourth country in the World where plain packaging can be purchased in tobacco shops after Australia, France and the UK.

India[edit]

As of August 2012 India is believed to be considering plain packaging.[107] BJD MP of Orissa, Baijayant Jay Panda, has submitted in the Lok Sabha a private members bill seeking an amendment to the anti-tobacco law aimed at increasing the size of health warning on tobacco product packets. The bill seeks amendment to the original act from 2003 to stipulate for plain packaging of cigarette and tobacco products in the country and increase the size of health warning and the accompanying graphic on cigarettes packets.[108] As of 2017, there has been no progress on this matter and tobacco continues to be labelled in branded packaging.

Ireland[edit]

In May 2013, Ireland announced plans to become the second country in the world to introduce plain-pack cigarettes.[109] In June 2014 the Irish government said it would legislate to implement plain packaging. Details of the bill known as the Public Health (Standardised Packaging of Tobacco) Bill 2014 were published on 10 June 2014. "There is a wealth of international evidence on the effects of tobacco packaging in general and on perceptions and reactions to standardised packaging which support the introduction of this measure," Ireland's Health Minister James Reilly said when releasing details of the bill.[110] The bill was signed by President Michael D. Higgins on 10 March 2015. After some delays, it was announced that the law would take effect 30 September 2017, with the sale of previously-manufactured cigarettes allowed until 30 September 2018.[111]

Malaysia[edit]

On 24 February 2016, the Malaysian health ministry announced that it is planning to follow Australia's example and introduce plain packaging for tobacco in the near future.[112][113]

New Zealand[edit]

Legislation to enable standardised packaging of tobacco products has been passed by the New Zealand Parliament and was given the Royal Assent on 14 September 2016. It is expected to come into force on 14 March 2018 [114] the date on which Regulations specifying the detailed requirements for standardised packaging will come into force. [115]. After that date distributors will have six weeks to clear old stock and following this retailers will have a further six weeks to dispose of old stock. [114] This will mean that standardised tobacco packaging will begin to appear from mid March 2018 with the transition being complete by 6 June 2018.

Discussion of the need for standardised packaging (formerly called plain packaging) and the passage of the legislation through Parliament took four and a half years. In April 2012 following an inquiry by the Māori Affairs Select Committee, Government (on recommendation of the then Associate Minister of Health, Dame Tariana Turia) approved plain packaging in principle, a move that tobacco companies said they would strenuously oppose.[116] From July to October 2012 the Ministry of Health undertook a consultation which attracted over 20,000 submissions (including overseas submissions) from public health groups and also the tobacco industry.[117] In February 2013 Government decided to proceed with legislative change in alignment with Australia. A Bill to require the plain packaging of tobacco products – the Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill[118] – was introduced on 17 December 2013.[119] The Bill had its first reading on 11 February 2014.[119] It was referred to the Health Committee for consideration which reported it back to Parliament with minor amendments on 11 August 2014[119] including a change in title from ‘Plain Packaging’ to ‘Standardised Packaging’. The Bill was stalled due to concern over legal action against the Australian government’s plain packaging regime.[120] However, in February 2016, Prime Minister John Key commented that there was now firm legal ground for plain packaging and that the measure could become law by the end of 2016.[121] On 30 June 2016, the Bill was given its second reading[122] with consideration by the Committee of the Whole House on 23 August 2016[123] and the third and final reading on 8 September 2016.[124]

On 31 May 2016 (World No Tobacco Day) the Associate Minister of Health, Peseta Sam Lotu-Iiga, released a consultation document on the detail of standardised packaging requirements.[125] An Order in Council was issued on 6 June 2017, making the Smoke-free Environments Regulations 2017 specifying detailed requirements for the standardised design of tobacco packages and products, and also specifying requirements for new and larger warning messages for tobacco packaging. These Regulations come into force on 14 March 2018. As of the 6 June 2018, only standardised tobacco packages will be sold in New Zealand.[126][127]

Norway[edit]

In August 2012, it was believed that Norway began considering plain packaging.[128] On the 31 May 2016 on World No Tobacco Day, the Health Minister Bent Høie announced the introduction of plain packaging to Norway by 2017. The plain packaging rule will apply to snus as well as cigarettes.[129][130] In December 2016, the Norwegian Parliament voted overwhelmingly in favour of implementing standardised packaging for tobacco products.[131] The measure will be introduced at the same time as the EU Tobacco Products Directive measures on packaging and labelling, taking effect on 1 July 2017. Retailers will be given one year (until 1 July 2018) to transition to the new standardised cigarette packages and smokeless tobacco boxes.[132]

Philippines[edit]

Anti-smoking group New Vois Association of the Philippines favored the introduction of plain cigarette packaging in the Philippines as part of their campaign on the 2016 World No Tobacco Day and urged then-presumptive president Rodrigo Duterte to implement a law to standardize cigarette packs. The Department of Health (DOH), however, is not ready to implement plain cigarette packaging, and rather focus on enforcing graphic health warnings on cigarette packs under the Graphic Health Warning Act of 2014 that took effect in March 2016.[133]

Slovenia[edit]

On the 15 February 2017, the Parliament of Slovenia passed a law for the introduction of plain packaging from 2020.[134]

Switzerland[edit]

On 5 December 2014, Swiss parliamentarian Pierre-Alain Fridez tabled a motion for plain packaging in Switzerland. A few days later, the Federal Council said it was opposed to this, saying such a measure "goes too far".[135]

Turkey[edit]

In September 2011, Bloomberg reported that the Turkish government was working on plain packaging regulations. An Istanbul-based newspaper, Milliyet, reported that under the proposal all branding elements would disappear and cigarettes would come in "numbered black boxes" excluding any imagery other than health warnings.[136] In November of 2016, Health Minister Recep Akdağ stated that Turkey will "introduce plain packaging where the brand of cigarettes will almost be invisible and sellers will be obliged to store the cigarettes in closed cases instead of transparent displays" in 2017.[137]

United Kingdom[edit]

In March 2011, the Coalition Government committed itself to holding a public consultation on tobacco packaging. This was due to take place in spring 2012.[138] In November 2013, the British Government announced an independent review of cigarette packaging in England, amid calls for action to discourage young smokers.[139] Ms. Ellison rejected Labour suggestions the rethink had been prompted by fears of defeat in the Lords, saying: "It's a year this weekend since the legislation was introduced in Australia. It's the right time to ask people to look at this."

The "Plain Packs Protect" campaign by an alliance of health organisations sets out the case for tobacco plain packaging in the UK, as does Cancer Research UK's "The Answer Is Plain" campaign, which was launched soon after the government consultation was announced.[140] Opposing this is the smokers' rights group FOREST, funded by the tobacco industry, which has launched a counter-campaign titled "Hands Off Our Packs".[139] In August 2014 Philip Morris International foreshadowed legal action against the UK Government if it introduced plain packaging. In a submission to the government, Philip Morris International said it would seek compensation running into "billions of pounds," if the proposed legislation went ahead.[141]

The Children and Families Act 2014 included a provision for implementing plain cigarette packaging, which would be subject to parliamentary approval. In March 2015, the House of Commons voted 367–113 in favour of plain cigarette packaging in England. Plain packaging is required for cigarettes manufactured after 20 May 2016 or sold after 21 May 2017.[142]

Tobacco company Philip Morris has made a FOI request regarding the University of Stirling's teen smoking studies.[143]

See also[edit]

References[edit]

  1. ^ "World No Tobacco Day 2016: Get Ready for Plain Packaging". 
  2. ^ "The case for the plain packaging of tobacco products" (PDF). Archived from the original (PDF) on 20 March 2012. Retrieved 13 October 2016. 
  3. ^ "Towards Zero Consumption: Generic packaging of tobacco products" (PDF). Canadian Standing Committee on Health. June 1994. Retrieved 15 February 2012. [permanent dead link]
  4. ^ "Results of plain packaging committee hearings". Legacy Tobacco Documents Library. 15 April 2003. Retrieved 15 February 2012. 
  5. ^ a b c David Jolly (6 May 2013). "Cuba Challenges Australian Tobacco Rules". The New York Times. Retrieved 7 May 2013. All four nations argue that provisions of a 2011 Australian law, the Tobacco Plain Packaging Act, have created “technical barriers” to trade and violate intellectual property rights. 
  6. ^ a b c "Cigarette plain packaging laws pass Parliament". ABC News. 21 November 2011. 
  7. ^ "Tobacco Plain Packaging Regulations 2011". 
  8. ^ Cancer Council Australia. "Media releases 2011". cancer.org.au. 
  9. ^ Cancer Council Australia Position Statement, May 2011
  10. ^ http://www.heraldsun.com.au/news/national/plain-packaging-leaves-bad-taste-in-smokers-mouths/story-fndo317g-1226527002998[dead link]
  11. ^ "Plain packs 'put off' smokers". The Age. Melbourne. 
  12. ^ McNeill, A; Gravely, S; Hitchman, SC; Bauld, L; Hammond, D; Hartmann-Boyce, J (27 April 2017). "Tobacco packaging design for reducing tobacco use.". The Cochrane Database of Systematic Reviews. 4: CD011244. PMID 28447363. doi:10.1002/14651858.CD011244.pub2. 
  13. ^ Wakefield, M. A.; Germain, D.; Durkin, S. J. (2008). "How does increasingly plainer cigarette packaging influence adult smokers' perceptions about brand image? An experimental study". Tobacco Control. 17 (6): 416–421. PMC 2590906Freely accessible. PMID 18827035. doi:10.1136/tc.2008.026732. [non-primary source needed]
  14. ^ Rootman I, Flay BR. A Study on Youth Smoking – Plain Packaging, Health Warnings, Event Marketing and Price Reductions (1995)[non-primary source needed] Archived 14 September 2011 at the Wayback Machine.
  15. ^ Moodie, C.; MacKintosh, A. M.; Hastings, G.; Ford, A. (2011). "Young adult smokers' perceptions of plain packaging: A pilot naturalistic study". Tobacco Control. 20 (5): 367–373. PMID 21752795. doi:10.1136/tc.2011.042911. [non-primary source needed]
  16. ^ Thrasher, J. F.; Rousu, M. C.; Hammond, D.; Navarro, A.; Corrigan, J. R. (2011). "Estimating the impact of pictorial health warnings and "plain" cigarette packaging: Evidence from experimental auctions among adult smokers in the United States". Health Policy. 102 (1): 41–48. PMID 21763026. doi:10.1016/j.healthpol.2011.06.003. [non-primary source needed]
  17. ^ Stead, Martine; Moodie, Crawford; Angus, Kathryn; Bauld, Linda; McNeill, Ann; Thomas, James; Hastings, Gerard; Hinds, Kate; O'Mara-Eves, Alison; Kwan, Irene; Purves, Richard I.; Bryce, Stuart L.; Middleton, Philippa (16 October 2013). "Is Consumer Response to Plain/Standardised Tobacco Packaging Consistent with Framework Convention on Tobacco Control Guidelines? A Systematic Review of Quantitative Studies". PLoS ONE. 8 (10): e75919. PMC 3797796Freely accessible. PMID 24146791. doi:10.1371/journal.pone.0075919. 
  18. ^ "Plain tobacco packaging: A systematic review". eppi.ioe.ac.uk. 
  19. ^ Mays, Darren; Smith, Collin; Kraemer, John; Johnson, Andrea (April 2015). "Plain packaging of cigarettes: do we have sufficient evidence?". Risk Management and Healthcare Policy: 21. PMC 4396458Freely accessible. PMID 25897269. doi:10.2147/RMHP.S63042. 
  20. ^ Hughes, Nicole; Arora, Monika; Grills, Nathan (21 March 2016). "Perceptions and impact of plain packaging of tobacco products in low and middle income countries, middle to upper income countries and low-income settings in high-income countries: a systematic review of the literature". BMJ Open. 6 (3): e010391. PMC 4809104Freely accessible. doi:10.1136/bmjopen-2015-010391. 
  21. ^ "Will Australia’s Cigarette Brand Ban Spread Beyond Borders, Tobacco?". Advertising Age. 2012. 
  22. ^ "Plain packaging pay out to Mars would ‘certainly not be trivial’ says Institute of Economic Affairs". Confectionery News. 2014. 
  23. ^ "Mars lawyers slam tobacco plain packaging". 2014. 
  24. ^ Wajsman, Beryl (19 September 2016). "Ottawa's plain packaging cigarette proposal: Illogical, illiberal and illegal - The Métropolitain". www.themetropolitain.ca. Retrieved 24 May 2017. 
  25. ^ Lemieux, Pierre (2017). "The War on Consumer Surplus". Regulation. 40 (1): 10–13. Retrieved 24 May 2017. (Subscription required (help)). 
  26. ^ London Economics, "The Role of Packaging Imagery on Consumer Preferences for Experience Goods", 2012 Archived 12 August 2014 at the Wayback Machine.
  27. ^ "Roy Ramm". tobaccotactics.org. 
  28. ^ "The Common Sense Alliance". tobaccotactics.org. 
  29. ^ "Government Plans for Plain Packaging Will Boost Illicit Trade". Huffington Post UK. 2012. 
  30. ^ Scollo, Michelle; Zacher, Meghan; Durkin, Sarah; Wakefield, Melanie (18 July 2014). "Early evidence about the predicted unintended consequences of standardised packaging of tobacco products in Australia: a cross-sectional study of the place of purchase, regular brands and use of illicit tobacco". British Medical Journal. 4: e005873. PMC 4156805Freely accessible. PMID 25168041. doi:10.1136/bmjopen-2014-005873. Retrieved 2 September 2014. 
  31. ^ Reuters (22 November 2011). "Tobacco major sues Australia over 'plain packaging' laws". Bennett, Coleman & Co. Ltd. Archived from the original on 18 July 2012. Retrieved 23 November 2011. 
  32. ^ Doward, Jamie (15 July 2012). "US free market group tries to halt sales of cigarettes in plain packets in UK". The Guardian. London. 
  33. ^ a b c AFTINET Media Release. "Australian High Court rules against big tobacco on plain packaging". AFTINET Australian Fair Trade & Investment Network Ltd. Retrieved 25 February 2014. 
  34. ^ a b "UPDATE 1-Ukraine drops WTO action against Australian tobacco-packaging laws". 3 June 2015. 
  35. ^ "Cuba files dispute against Australia on tobacco plain packaging". World Trade Organization. 3 May 2013. Retrieved 7 May 2013. Cuba notified the WTO Secretariat, on 3 May 2013, of a request for consultations with Australia on the Australian Tobacco Plain Packaging Act of 2011 that regulates the appearance and form of retail packaging used in connection with sales of cigars, cigarettes and other tobacco products. 
  36. ^ a b Tobacco Plain Packaging Bill 2011, archived from the original on 21 June 2016 
  37. ^ "Does this colour turn you off?". The Sydney Morning Herald. Retrieved 2016-06-19. 
  38. ^ Thompson, Jeremy (7 April 2011). "Cigarette rethink: Logos out, death and disease in". ABC News. 
  39. ^ "Does this colour turn you off?" by Rachel Wells, The Age, 17 August 2012
  40. ^ Rodgers, Emma (29 April 2010). "Cigarette tax to increase 25pc from midnight". ABC News. 
  41. ^ "Government to demand no frills cigarette packets". ABC News. 29 April 2010. 
  42. ^ Martin, Peter (23 June 2014). "Plain packaging pushes cigarette sales down". The Canberra Times. Fairfax Media. Archived from the original on 25 June 2014. 
  43. ^ Tobacco key facts and figures, Department of Health, 19 June 2014, archived from the original on 25 June 2014 
  44. ^ "Labor’s plain packaging fails as cigarette sales rise" by Christian Kerr, The Australian, 6 June 2014 (subscription required)
  45. ^ "This week in plain packaging: Worst. Policy. Ever., mychoice.org.au, 20 June 2014
  46. ^ "Australia tobacco sales increase despite plain packaging" by Reuters and Bonnie malkin, The Daily Telegraph, 24 March 2014
  47. ^ "Claims plain packaging works go up in smoke" by Judith Sloan, The Australian, 16 June 2014
    "Plain packaging handy links" by Sinclair Davidson, 16 June 2014
  48. ^ Koukoulas, Stephen. "The Australian's claim on tobacco goes up in smoke". thekouk.com. 
  49. ^ "Australians stub out cigarettes in wake of plain-pack law". Financial Times. 
  50. ^ "Smoke and mirrors as Big Tobacco fights Australian plain packaging law". The Irish Times. 19 June 2014. Retrieved 29 February 2016. 
  51. ^ "Plain packet effect goes up in smoke as Australian research reveals no fall in smoking" by Kirsty Buchanan, Daily Express, 1 December 2013
  52. ^ Gerard B Hastings. "Death of a salesman". Retrieved 29 February 2016. 
  53. ^ "Australia's plain packaging laws successful, studies show". Retrieved 19 March 2015. 
  54. ^ "Has plain tobacco packaging failed to stop people smoking?". Retrieved 28 March 2015. 
  55. ^ Macey, Jennifer (4 August 2010). "Big tobacco bankrolls anti-Labor ad campaign". ABC News. 
  56. ^ "Retail group quits cigarette label campaign". ABC News. 11 August 2010. 
  57. ^ "Leaks reveal $9m tobacco blitz". Lateline. 10 September 2010. 
  58. ^ Davies, Anne (11 September 2010). "Big Tobacco hired public relations firm to lobby government". The Sydney Morning Herald. 
  59. ^ Plain Packs Website Archived 20 May 2011 at the Wayback Machine.
  60. ^ "Tobacco Companies Declare War". ABC News. 
  61. ^ Johnson, Stephen (20 May 2011). "British American Tobacco Australia boss David Crow tells his kids not to smoke". news.com.au. 
  62. ^ Professor Simon Chapman Archived 19 July 2012 at Archive.is
  63. ^ Irvine, Jessica (20 May 2011). "It's plain to see what's behind the smokescreen". The Age. Melbourne. 
  64. ^ "Big Tobacco takes on the nanny state". Yahoo Australia. Archived from the original on 23 June 2011. 
  65. ^ Ben Lewis (23 November 2011). "Philip Morris Begins Arbitration Proceedings With Australia Over Tobacco Packaging Law". LAW.COM. [dead link]
  66. ^ a b "Roxon Introduces Plain Packaging Bill", ABC News, 6 July 2011
  67. ^ "Philip Morris Asia Challenge under Australia – Hong Kong Bilateral Investment Treaty". McCabe Centre for Law and Cancer. Retrieved 2014-12-05. 
  68. ^ Faunce TA. Affront to the Rule of Law-international tribunal to decide on plain packaging The Conversation 29 August 2012 https://theconversation.edu.au/an-affront-to-the-rule-of-law-international-tribunals-to-decide-on-plain-packaging-8968 (accessed 29 August 2012)
  69. ^ "Australia wins international legal battle with Philip Morris over plain packaging". the Guardian. 2015-12-18. 
  70. ^ "Plain cigarette packaging to start in 2012". Sydney Morning Herald. 21 November 2011. 
  71. ^ JT International SA v Commonwealth [2012] HCA 43, (2011) 250 CLR 1 judgement summary at High Court of Australia Website.
  72. ^ "Tobacco company wants schools survey for insights into children and teens". The Sydney Morning Herald. Retrieved 29 February 2016. 
  73. ^ "Cancer Council to fight British American Tobacco's FOI bid for students' smoking attitudes research". ABC News. Retrieved 29 February 2016. 
  74. ^ "WHO applauds Australia's new tobacco packaging legislation". World Health Organization. 23 November 2011. Archived from the original on 24 November 2011. Retrieved 15 February 2012. 
  75. ^ Paul Grogan (21 November 2011). "Great day in public health, as parliament signs off on tobacco packaging bills". Cancer Council, Australia. Retrieved 23 November 2011. 
  76. ^ World Health Organization (23 November 2011). "WHO Applauds Australia's New Tobacco Packaging Legislation". Solomon Times Online. Retrieved 24 November 2011. 
  77. ^ "Australia sued over cigarette plain packaging laws". ABC International Radio Australia. 22 November 2011. Retrieved 26 November 2011. 
  78. ^ Mandy Honeychurch (8 November 2011). "Federal Judge Deems FDA's Antismoking Warning Labels Unconstitutional". Berkeley Political Review. Archived from the original on 10 July 2012. Retrieved 26 November 2011. 
  79. ^ Ryan Jaslow (8 November 2011). "FDA's graphic cigarette warning labels: Beyond free speech?". CBS Interactive Inc. Retrieved 26 November 2011. 
  80. ^ Associated Press (21 November 2011). "Australia passes no-logo cigarette package law; Philip Morris quickly takes legal action". The Washington Post. Retrieved 23 November 2011. [dead link]
  81. ^ Gavin Allen (22 November 2011). "Cigarette giant Philip Morris sues Australian government for billions over plain packaging law". The Daily Mail. London. Retrieved 23 November 2011. 
  82. ^ "New Zealand to follow Australia's controversial plain packaging law for cigarettes". Xinhua News Agency. 22 November 2011. Retrieved 26 November 2011. 
  83. ^ Roxon, Nicola (April 2011). "Exposure Draft, Plain Packaging Bill" (PDF). Australian Government. 
  84. ^ Hayward, Andrea (24 May 2011). "Cigarettes Likely to get plain packages". The Sydney Morning Herald. 
  85. ^ Packham, Ben (1 June 2011). "Abbott out of puff on plain packet laws". The Australian. 
  86. ^ "Plain packaging legislation passes Lower House". Australian Broadcasting Corporation. 25 Aug 2011. 
  87. ^ "Cigarette packaging legislation passes Senate". ABC News. 10 November 2011. 
  88. ^ "Les partis de la majorité rejettent le paquet de cigarettes neutre" [The majority parties reject neutral packaging of cigarettes]. Le Vif (in French). 24 March 2015. 
  89. ^ Delepeleire, Yves. "'Anti-rookplan De Block wordt mager beestje'". De Standaard (in Dutch). Retrieved 29 May 2017. 
  90. ^ Health Canada Controlled Substances and Tobacco Directorate (personal communication, 9 September 2015)[original research?]
  91. ^ "Healthier kids". Retrieved 29 February 2016. 
  92. ^ "Society welcomes commitment to tobacco plain packaging". www.cancer.ca. Retrieved 29 February 2016. 
  93. ^ "Minister of Health Mandate Letter". Retrieved 1 January 2017. 
  94. ^ "Public consultation on the possible revision of the Tobacco Products Directive 2001/37/EC". European Commission. 24 September 2010. Retrieved 15 February 2012. 
  95. ^ "Plain packaging proposals for tobacco will 'damage business'". Talking retail. 26 April 2012. Retrieved 27 June 2012. 
  96. ^ "Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products" (PDF). 19 December 2012. Retrieved 1 January 2017. 
  97. ^ Henning, Peter K.; Shmatenko, Leonid (November 2012). "Plain Packaging on Its Way to Europe: Competence Issues and Compatibility with European Fundamental Rights". Transnational Dispute Management. 9 (5): 1–17. SSRN 2171205Freely accessible. 
  98. ^ Shmatenko, Leonid (February 2013). "Verfassungsmäßigkeit von Einheitsverpackungen (Plain Packaging) bei Zigaretten". Juristische Ausbildung (JURA). 35 (2): 74–81. doi:10.1515/jura-2012-0016. Retrieved 5 March 2013. 
  99. ^ "Case C‑547/14: Philip Morris Brands SARL and Others". 
  100. ^ "Tabac: la Ligue contre le cancer veut des paquets de cigarettes "neutres"" [Tobacco: the league against cancer wants "neutral" packets of cigarettes] (in French). LCI, TF1. 1 February 2012. Archived from the original on 12 February 2012. Retrieved 15 February 2012. 
  101. ^ "Plain cigarette packets considered". The Connection. 11 August 2010. Retrieved 15 February 2012. 
  102. ^ "Le gouvernement favorable à des "cigarettes neutres"" [The government is favourable towards "neutral cigarettes"]. Le Monde (in French). 31 July 2012. 
  103. ^ "Encadrement du vapotage, mise en place du paquet " neutre " : les annonces du plan anti-tabac" [Supervision of vaping, implementation of the "neutral" packet: announcements of the plan against tobacco]. Le Monde (in French). 25 September 2014. 
  104. ^ "Décision n° 2015-727 DC du 21 janvier 2016 sur la loi de modernisation du système de santé". 
  105. ^ "La France adopte le paquet de cigarettes neutre" [France adopts neutral cigarette packaging] (in French). 17 December 2015. [dead link]
  106. ^ "Hungary: Larger pictorial warnings and plain packaging required by the new Government Decree". 
  107. ^ "Tobacco fight not over, Phillip Morris says", by Chris Zappone, The Age, 15 August 2012. Accessed 15 August 2012
  108. ^ "Bill submitted in Lok Sabha for amending tobacco act 2003", Business Standard, 14 September 2012. Accessed 10 October 2012
  109. ^ "Ireland set to become second country in the world to introduce plain pack cigarettes" Archived 22 February 2014 at the Wayback Machine., by Ireland's DoHC, 28 May 2013. Accessed 28 May 2013
  110. ^ "Ireland to become first country in Europe to restrict tobacco companies on packaging". Irish Sun.com. Retrieved 10 June 2014. 
  111. ^ "Plain packaging for cigarettes to begin in September". The Irish Times. Retrieved 11 April 2017. 
  112. ^ "Gov’t plans to introduce plain packaging for tobacco". Free Malaysia News. 24 February 2016. Retrieved 1 April 2016. 
  113. ^ "Malaysia faces fight over plain tobacco packaging". CCTV.com English. 15 March 2016. 
  114. ^ a b New Zealand Parliament. "Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016", Government Legislation, September 2016. Retrieved on 16 September 2016.
  115. ^ "Smoke-free Environments Regulations 2017. Order in Council". 6 June 2017. Retrieved 13 June 2017. .
  116. ^ Otago Daily Times. html "Cigarette pack rules have makers fuming", Otago Daily Times, 20 April 2012. Retrieved on 4 May 2015.
  117. ^ Ministry of Health. html "Proposal to introduce plain packaging of tobacco products in New Zealand", 'New Zealand Ministry of Health, 23 July 2012. Retrieved on 4 May 2015.
  118. ^ Parliamentary Counsel Office. html "Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill", House of Representatives, Retrieved on 4 May 2015.
  119. ^ a b c New Zealand Parliament. html " Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill ", House of Representatives, Retrieved on 4 May 2015.
  120. ^ New Zealand News. html "Minister defends plain packaging", Radio New Zealand News, 10 February 2014. Retrieved on 2 May 2015.
  121. ^ Stuff.co.nz. [1], Stuff.co.nz, 15 February 2016. Retrieved on 2 June 2016.
  122. ^ Hansard (Debates)[2],New Zealand Parliament, 30 June 2016. Retrieved 5 July 2016.
  123. ^ New Zealand Parliament. [3], Hansard Debates, 23 August 2016. Retrieved on 14 September 2016.
  124. ^ New Zealand Parliament. [4], Hansard Debates, 8 September 2016. Retrieved on 14 September 2016.
  125. ^ Scoop Independent News. [5], Scoop Independent News, 31 May 2016. Retrieved on 2 June 2016.
  126. ^ "Tobacco standardised packaging". Ministry of Health (New Zealand). Retrieved 13 June 2017. .
  127. ^ "Smoke-free Environments Regulations 2017. Order in Council". 6 June 2017. Retrieved 13 June 2017. .
  128. ^ Zappone, Chris (2012-08-15). "Tobacco fight not over, Phillip Morris says". The Age. Melbourne. Retrieved 2012-08-15. 
  129. ^ Deshaye, Pierre-Henry (2016-05-31). "Norway backs plain packets for cigarettes". The Local Norway. Retrieved 2017-01-02. 
  130. ^ "Towards a tobacco-free generation". Government.no. Retrieved 31 May 2016. 
  131. ^ "Norway adopts standardised packaging". 
  132. ^ "Norway Tobacco labelling Resource Centre". 
  133. ^ "Anti-smoking group urges Duterte to adopt plain-packed cigarettes". Sun.Star. 30 May 2016. Retrieved 10 June 2016. 
  134. ^ "Slovenia passes law enforcing plain tobacco packaging from 2020". Reuters. Retrieved 22 April 2017. 
  135. ^ "Le Conseil fédéral s'oppose aux paquets de cigarettes neutres" [The Federal Council opposes neutral packets of cigarettes]. Le Matin (in French). 8 December 2014. 
  136. ^ "Turkey Working on Cigarette Branding Ban Law, Milliyet Says". Bloomberg. 7 September 2011. Retrieved 15 February 2012. 
  137. ^ "New restrictions on cigarette sales in the works". The Daily Sabah. Ankara, Turkey. 14 November 2016. Retrieved 21 April 2017. 
  138. ^ "Healthy lives, healthy people: a tobacco control plan for England". Department of Health (UK). 9 March 2011. Retrieved 15 February 2012. 
  139. ^ a b "Cigarette packaging: Ministers launch fresh review". BBC News. 28 November 2013. Retrieved 28 November 2013. 
  140. ^ Tobacco packaging 'targets teens' – Press Association, 26 April 2012 Archived 4 May 2012 at the Wayback Machine.
  141. ^ "Plain cigarette packing plan sees Philips Morris threaten legal action". London Mercury. 12 August 2014. Retrieved 14 August 2014. 
  142. ^ "MPs pass legislation to introduce standardised cigarette packaging". The Guardian. 11 March 2015. Retrieved 29 March 2015. 
  143. ^ https://theconversation.com/we-got-an-foi-request-from-big-tobacco-heres-how-it-went-46457

External links[edit]

Campaigns for plain packaging

Campaigns against

Legislation

Other