Plain Packaging of Cigarettes and Constitutional Property Rights

PUBLIC HEALTH AND PLAIN PACKAGING OF CIGARETTES: LEGAL ISSUES, A. Mitchell, T. Voon and J. Liberman, eds., Edward Elgar, 2012

U of Melbourne Legal Studies Research Paper No. 555

43 Pages Posted: 25 Aug 2011

See all articles by Simon Evans

Simon Evans

University of Melbourne Law School

Jason John Bosland

University of Melbourne; University of Melbourne - Centre for Media and Communications Law

Date Written: August, 24 2011

Abstract

Australia is the first country in the world to take steps to require that tobacco products be sold in plain packaging.1 On 6 July 2011, the government introduced the Tobacco Plain Packaging Bill 2011 (the Bill or the plain packaging legislation) into the House of Representatives, with the intention that it be passed during the Winter 2011 Parliamentary sitting and in force by 1 January 2012. The Bill would allow regulations to be made to prevent tobacco manufacturers applying their trademarks to the packaging of tobacco products manufactured or sold in Australia, with the exception that brand and product names could be used in a prescribed font and within a specified place on the packaging. Importantly, such products will not be able to be labeled using device trademarks or word trademarks in a stylised font or script. In addition, the packaging must be in a plain colour (‘drab dark brown’2) without any other decoration. Under the proposed measure, plain‐packaging will only apply to material likely to be encountered by the retail customer and, therefore, will not apply to wholesale or shipping packaging.

JEL Classification: K00, K39

Suggested Citation

Evans, Simon and Bosland, Jason John, Plain Packaging of Cigarettes and Constitutional Property Rights (August, 24 2011). PUBLIC HEALTH AND PLAIN PACKAGING OF CIGARETTES: LEGAL ISSUES, A. Mitchell, T. Voon and J. Liberman, eds., Edward Elgar, 2012, U of Melbourne Legal Studies Research Paper No. 555, Available at SSRN: https://ssrn.com/abstract=1916424

Simon Evans

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 4751 (Phone)
61 3 9347 2392 (Fax)

Jason John Bosland (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

University of Melbourne - Centre for Media and Communications Law ( email )

Victoria 3010
Australia

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