Category Archives: Cigarette labels

Ukraine bails on ridiculous challenge to Australian plain packaging laws

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Plain packaging

Here is an update on John Oliver’s excellent rant about the tactics of Big Tobacco in fighting regulations against their products worldwide.

This is complicated and I’m not 100 percent confident I will explain it right, but I will try:

Ukraine had been convinced (no doubt by Big Tobacco lobbying efforts) to file a World Trade Organization challenge against Australia over Australia’s plain packaging laws. Per Australian law, tobacco companies cannot put their logos on cigarette packs. Only graphic anti-smoking warnings are allowed and a small amount of text saying what the actual brand of the cigarettes are.

Tobacco companies filed suit and recently, the Australian Supreme Court ruled in favour of the government. So, Big Tobacco (or should I say Big World Tobacco) lost that round.

ukraine-wheat-fields
They grow wheat in Ukraine, not tobacco

However, Big World Tobacco also went the WTO route (John Oliver did a great piece on this), saying Australia’s strict rules affected trade with other countries and violated international trade agreements. For some mystifying reason, Ukraine got involved, even though Ukraine is not a major tobacco-growing nation and does not export any tobacco to Australia. (Like I said, I smell money — LOTS of money — exchanging hands here between tobacco interests and Ukrainian government officials.)

From the Reuters article:

Health campaigners were perplexed by Ukraine’s WTO suit because it is also a party to the U.N.’s Framework Convention on Tobacco Control and was one of the countries that backed guidelines on how to implement the treaty, including enforcing plain packaging.

British American Tobacco has previously said it was helping meet Ukraine’s legal costs in the WTO case against Australia. Individual companies cannot pursue litigation via the WTO.

Well, there you go: BAT was paying Ukraine’s legal fees.

The issue isn’t over, but Ukraine was the biggest country involved in fighting the Australian plain packaging rules. Other nations challenging the plain packaging rules are Cuba, Honduras, Indonesia and the Dominican Republic (all tobacco-growing nations).

 

 

Ireland to try and follow Australia’s lead in requiring plain cigarette packages

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Ireland, a longtime leader in the tobacco control movement (Ireland was actually the first countries to impose a nationwide smoking ban way back in 2004, which may or may not have had anything to do with the decline of the pub industry in that country, depending on who you ask), is making a push to force cigarette companies to remove all their branding from their packages and sell cigarettes in plain packaging only.

Australia has already taken this step, and New Zealand is the other country considering it. Australia was sued by several tobacco companies but ultimately, the Australian Supreme Court upheld the law. Tobacco companies are fighting New Zealand’s law, too, so Ireland can be assured that if they try a similar law, they will be taken to court.

(I’m guessing that because of the First Amendment, a similar law would likely not be upheld in the U.S.)

At this point, the legislation has passed the Irish Cabinet. Leading the cause in Ireland is Dr. James Reilly, the Irish Minister of Health and an ardent tobacco opponent. He wants to get the Irish smoking rate under 5 percent by 2025 (currently, it is at 22 percent).

The thought behind the plain packaging is that each cigarette package is a miniature advertisement for their product. If you remove the packaging logos, then you will no longer have ubiquitous advertising for that product every time someone remove a pack of cigarettes out of their pocket.

Not an outrageous concept, because really, what cigarette company do you think of when you see this to the left? logo_marlboro-box_usa-1 See you already know what the brand is, even without the brand name in the logo. The logo has become that recognizable.

Dr. Reilly says:

The introduction of standardised packaging will remove the final way for tobacco companies to promote their deadly product in Ireland. Cigarette packets will no longer be a mobile advertisement for the tobacco industry.”

British American Tobacco, obviously opposed, responds that there’s no evidence plain packaging would lower smoking rates and that it would just play into the hands of black marketeers, who could sell any tobacco product in any box, without anyone knowing the wiser:

“There is no credible evidence that plain packaging will work in terms of stopping children taking up smoking or encouraging current smokers to quit,” the firm said.

“Instead, Minister Reilly’s plain packaging bill will simply play into the hands of the criminals who are ready and waiting to supply people, regardless of their age, with cheap tobacco products.”

I have no idea if removing branding will decrease smoking and is an effective tactic toward combating smoking. Somewhat on the fence on this, but I find it an interesting debate.