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Plain Packaging and Tobacco – We’ve Got It Covered
Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries when it comes to plain packaging and tobacco. Plain packaging and tobacco refer to packaging that requires the removal of branding. It bans distinctive logos and distinctive-coloured cigarette packaging in favour of drab brown packets with brand names printed in small standardised fonts. There are strict guidelines relating to how the brand name is displayed and the requirements for the packaging.
When it comes to plain packaging and tobacco one noticeable and intentional feature includes visually graphic warnings as well. Various studies have shown it to be effective in deterring smoking. Yet, plain packaging has not been introduced in most countries. To this end, in a recent, the WTO panel said Australia’s “plain packaging” law contributed to improving public health by reducing the use of and exposure to tobacco products, and rejected claims that alternative measures would be equally effective.
The six other WTO countries have brought in plain packaging laws — Hungary, Ireland, France, New Zealand, Norway and Britain — while another six have passed laws yet to be implemented including — Burkina Faso, Canada, Georgia, Romania, Slovenia and Thailand.
How we can help you
Sharon Givoni Consulting has worked extensively in this area. The plain packaging and tobacco requirements are highly detailed and it is important to comply with the requirements to avoid both criminal and civil liability. You may be surprised to learn that not only the sale but also the purchase of wholesale tobacco products intended for retail sale is an offence under the Tobacco Plain Packaging Act 2011 (Cth). Further, both individuals and companies can be liable.
The price of getting it wrong could result in penalties of up to $360,000 for individuals or $1.8 million for corporations for fault-based criminal offences. If health-warning requirements are breached, it could mean penalties of up to $220,000 for individuals and up to $1.1 million for corporations.
If you are a tobacco company – Call us today to speak to us about help in this area. Or book a free 15-minute consultation to discuss your tobacco labelling and advertising.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.