Abstract

http://ssrn.com/abstract=1004646
 
 

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The Case for the Plain Packaging of Tobacco Products


Becky Freeman


University of Sydney

Simon Chapman


University of Sydney

Matthew Rimmer


Australian National University - ANU College of Law

August 1, 2007

Addiction, Vol. 103, No. 4, pp. 580-590, April 2008

Abstract:     
The global Framework Convention on Tobacco Control (FCTC) requires nations to ban all tobacco advertising and promotion. In the face of these restrictions, tobacco packaging has become the key promotional vehicle for the tobacco industry to interest smokers and potential smokers in tobacco products. This paper reviews available research into the likely impact of mandatory plain packaging and internal tobacco industry statements about the importance of packs as promotional vehicles. It critiques legal objections raised by the industry about plain packaging violating laws and international trade agreements, showing these to be without foundation. Plain packaging of all tobacco products would remove a key remaining means for the industry to promote its products to billions of the world's smokers and future smokers. Governments have appropriated large surface areas of tobacco packs for health warnings without legal impediment or need to compensate tobacco companies. Requiring plain packaging is consistent with the intention to ban all tobacco promotions. There is no impediment in the FCTC to interpreting tobacco advertising and promotion to include tobacco packs.

Number of Pages in PDF File: 22

Keywords: Trade Mark Law, Plain Packaging, Tobacco Control, Public Health, and International Trade

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Date posted: August 6, 2007  

Suggested Citation

Freeman, Becky and Chapman, Simon and Rimmer, Matthew, The Case for the Plain Packaging of Tobacco Products (August 1, 2007). Addiction, Vol. 103, No. 4, pp. 580-590, April 2008. Available at SSRN: http://ssrn.com/abstract=1004646

Contact Information

Becky Freeman (Contact Author)
University of Sydney ( email )
University of Sydney
Sydney, NSW 2006
Australia
Simon Chapman
University of Sydney ( email )
University of Sydney
Sydney, NSW 2006
Australia
Matthew Rimmer
Australian National University - ANU College of Law ( email )
Canberra, Australian Capital Territory 0200
Australia
HOME PAGE: http://law.anu.edu.au/scripts/StaffDetails.asp?StaffID=238
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