The High Court and the Marlboro Man: The Battle Over the Plain Packaging of Tobacco Products

Tania Voon, Andrew Mitchell, and Jonathan Liberman (Ed.) Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues, London: Routledge, 2014, 337-360.

Posted: 16 Dec 2013 Last revised: 9 Dec 2018

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: July 31, 2014

Abstract

In 2012, the High Court of Australia handed down a landmark decision on the plain packaging of tobacco products. This chapter considers the historic ruling in the case of JT International SA v Commonwealth; British American Tobacco Australasia Ltd v Commonwealth. This chapter explores several themes in the decision. First, it highlights the historical work by the High Court of Australia on the role of health regulation, the use of health warnings, and tobacco control. Second, the chapter considers the High Court of Australia's view that intellectual property law promotes the public interest.Third, it explores the High Court of Australia’s analysis of the constitutional law on acquisition of property on just terms. Finally, this chapter contends that the High Court of Australia's ruling on plain packaging of tobacco products will spark an 'Olive Revolution' — and will encourage superior courts and policy-makers to follow suit.

Keywords: Tobacco Control, Graphic Health Warnings, Plain Packaging, Trade Mark Law, Health Law, Intellectual Property Law, Constitutional Law, Comparative Law

Suggested Citation

Rimmer, Matthew, The High Court and the Marlboro Man: The Battle Over the Plain Packaging of Tobacco Products (July 31, 2014). Tania Voon, Andrew Mitchell, and Jonathan Liberman (Ed.) Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues, London: Routledge, 2014, 337-360.. Available at SSRN: https://ssrn.com/abstract=2368034

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

Register to save articles to
your library

Register

Paper statistics

Abstract Views
641
PlumX Metrics