Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Philip Morris on Australian Plain Packaging for Tobacco

Philip Morris Limited Comments on Australian High Court Decision on Plain Packaging for Tobacco Products

The Australian High Court today ruled in favor of the government in the challenges brought by tobacco companies finding that the plain packaging legislation did not violate the Australian Constitution. The key issue before the court was whether, under the Constitution, plain packaging is an 'acquisition of property', which includes a corresponding benefit to the government.

The court today announced its ruling but has not yet published its opinion on the case.

Commenting on today's ruling, PML spokesperson Chris Argent said, "We will have to wait to read the court's opinion to fully assess today's decision. Regardless, the legality of plain packaging, including whether Australia will have to pay substantial compensation to Philip Morris Asia, remains at issue and will be considered in other ongoing legal challenges."

Three countries have already challenged Australia before the World Trade Organization (WTO) over the plain packaging legislation as contrary to Australia's obligations as a WTO member. Philip Morris Asia (PMA) is also suing Australia for multiple breaches of its Bilateral Investment Treaty (BIT) with Hong Kong. The company expects decisions in these cases within two to three years. In broad terms, the WTO and BIT challenges will examine a number of issues, including:

• Whether there is any reliable evidence that plain packaging will be effective at reducing smoking rates
• Whether there are effective, less restrictive alternatives that Australia could have implemented instead
• Whether plain packaging breaches Australia's international trade and treaty obligations
• Whether the Australian government will need to pay compensation to PMA

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

Today's High Court ruling has no legal bearing on these international cases or on other jurisdictions.

"We believe that Philip Morris Asia's investment treaty case and the WTO challenges are strong. As such, there is still a long way to go before all the legal questions about plain packaging are fully explored and answered." added PML spokesperson Chris Argent.

As of 1 December 2012, all tobacco products sold at retail must be in plain packaging.

About Philip Morris International Inc. (PMI)

Philip Morris International Inc. (PMI) is the leading international tobacco company, with seven of the world's top 15 international brands, including Marlboro, the number one cigarette brand worldwide. PMI's products are sold in approximately 180 countries. In 2011, the company held an estimated 16.0% share of the total international cigarette market outside of the U.S., or 28.1% excluding the People's Republic of China and the U.S. For more information, see www.pmi.com.

About Philip Morris Limited (PML)

Philip Morris Limited (PML) began operations in Australia in 1954 and has approximately 700 employees. Based in Melbourne, the company manufactures and sells a number of well-known brands, including Marlboro, Alpine, Longbeach, Peter Jackson, choice and GT. In 2011, PML held an estimated 37.5% share of the Australian cigarette market.

ENDS

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On National Spreading Panic About The Economy


The lure for New Zealand to join the AUKUS military alliance is that membership of only its “second pillar” will still (supposedly) give us access to state of the art military technologies. As top US official Kurt Campbell said during his visit to Wellington a year ago:
...We've been gratified by how many countries want to join with us to work with cutting-edge technologies like in the cyber arena, hypersonics, you can go down a long list and it's great to hear that New Zealand is interested...
More


 
 


Government: Retiring Chief Of Navy Thanked For His Service

Defence Minister Judith Collins has thanked the Chief of Navy, Rear Admiral David Proctor, for his service as he retires from the Royal New Zealand Navy after 37 years. Rear Admiral Proctor will retire on 16 May to take up an employment opportunity in Australia... More


Labour: Grant Robertson To Retire From Parliament
Labour List MP and former Deputy Prime Minister and Minister of Finance Grant Robertson will retire from Parliament next month, and later in the year take up the position of Vice Chancellor of the University of Otago... More

Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.