August 15th, 2012:

Statement WHO / 8

15 August 2012

WHO welcomes landmark decision from Australia’s High Court on tobacco plain packaging act

Statement from Dr Margaret Chan, Director-General, World Health Organization

GENEVA 15 August 2012 – The World Health Organization (WHO) strongly welcomes the landmark decision from Australia’s High Court to dismiss a legal challenge from the tobacco industry, and calls on the rest of the world to follow Australia’s tough stance on tobacco marketing.

Several major tobacco companies challenged Australia’s legislation to require cigarettes and other tobacco products to be sold in plain packaging without any branding.  But the industry’s attempt to derail this effective tobacco control measure failed. As of December 2012, Australia will be the first country to sell cigarettes in drab, olive-green packaging without branding.

With Australia’s victory, public health enters a brave new world of tobacco control. Plain packaging is a highly effective way to counter industry’s ruthless marketing tactics. It is also fully in line with the WHO Framework Convention on Tobacco Control. The lawsuits filed by Big Tobacco look like the death throes of a desperate industry. With so many countries lined up to ride on Australia’s coattails, what we hope to see is a domino effect for the good of public health.

The case is being watched closely by several other countries who are considering similar measures to help fight tobacco.

The evidence on the positive health impact of plain packaging compiled by Australia’s High Court will benefit other countries in their efforts to develop and implement strong tobacco control measures to protect the health of their people and to stand resolute against the advances of the tobacco industry.

Tobacco use is one of the most preventable public health threats.  Tobacco products will eventually kill up to half of the people who use them – that means nearly 6 million people die each year.  If governments do not take strong action to limit exposures to tobacco, by 2030 it could kill more than 8 million people each year.

The WHO Framework Convention for Tobacco Control entered into force in 2005. Parties are obliged over time to take a number of steps to reduce demand and supply for tobacco products including: protecting people from exposure to tobacco smoke, counteracting illicit trade, banning advertising, promotion and sponsorship, banning sales to minors, putting large health warnings on packages of tobacco, increasing tobacco taxes and creating a national coordinating mechanism for tobacco control. More than 170 countries are Parties to the Convention.

For more information:

Glenn Thomas

Communications Officer

World Health Organization

tel +41 22 791 3983

mobile +41 79 509 0677

thomasg@who.int<mailto:thomasg@who.int

Dear All,

Please find forwarded the news of a resounding victory by the Australian Government in the Plain Packaging lawsuit against the Tobacco Industry.

I have also extracted the media report in the word file for your information please.

As some of you will already be aware, that the High Court of Australia handed down its orders in the proceedings between JT International v Commonwealth and British American Tobacco Australasia v Commonwealth.
The Chief Justice announced that, by at least a majority, the Court held that the Tobacco Plain Packaging Act 2011 is not contrary to s 51(xxxi) of the Constitution of Australia and is valid.

He then proceeded to pronounce the Court’s orders, which are as follows:

JTI International v Cth

(1) Demurrer over-ruled 
(2) Enter judgment for the defendant 
(3) Plaintiff pay the Defendant’s costs.

BATA v Cth

The questions be answered as follows

(1)Apart from s 15 of the TPP Act, would all or some of the provisions of the TPP result in an acquisition of property of any, and if so what, property of the plaintiffs or any of them otherwise that on just terms, of a kind to which s 51(xxxi) of the Constitution applies? No 
(2) Does the resolution of question (1) require the judicial determination of any and if so what disputed facts following a trial? No 
(3) If the answer to Question 1 is “yes” are all or some, and if so which, provisions of the TPP Act whole or in part beyond the legislative competence of the Parliament by reason of s 51(xxxi) of the Constitution?  Does not arise 
(4) Are some, and if so which, provisions of the TPP Act in whole or in part beyond the legislative competence of the Parliament by reason of the matters raised in paragraphs 10-12 of the statement of claim? No 
(5) What order would be made in relation to the costs of the questions reserved? Plaintiffs pay the costs of the Defendant.

In other words, a comprehensive win, by at least a majority, for the Commonwealth of Australia.

I attach for your information a short statement from the Court of its decision, and also a copy of its orders.  You will see that the Court will publish its reasons at a later date.

I am sure you will agree with me that this is a significant win for tobacco control internationally.  Our plain packaging measures will continue as planned, with all tobacco products for retail sale in Australia from 1 December 2012 required to be in plain packaging and with new, bigger graphic health warnings.

Kind regards,
Sharon 
Sharon Appleyard | Assistant Secretary | Tobacco Control Taskforce | Population Health Division | Department of Health and Ageing | ‘ 02 6289 8771 | * sharon.appleyard@health.gov.au

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Media Extracts on Australian Plain Packaging

Plain packaging orders PR FINAL rtf