General Nicola Roxon is ready for a fight over plain tobacco packaging laws. Source: The Courier-Mail
THE federal government has formally rejected big tobacco’s High Court claims that the commonwealth is actually acquiring the companies’ brands through its new cigarette plain packaging laws.
The government lodged its detailed submissions to the High Court today in response to the legal action launched by four big tobacco companies.
In November last year, the government passed landmark laws forcing all cigarettes to be sold in drab olive-brown packs by December 2012.
British American Tobacco, Phillip Morris, Imperial Tobacco Australia and Japan Tobacco International are now challenging the legislation in the High Court.
They believe the laws breach the Australian Constitution because they seek to acquire property – in the form of brand names – without providing compensation.
But the government insists it is restricting the use of brand names and logos, not taking them over.