Minister for Children James Reilly has welcomed the decision of an international court to throw out a challenge by the tobacco industry to Australia's plain-packaging legislation for tobacco products. Dr Reilly said the Government, which plans to introduce plain packaging next May but is facing a similar legal challenge, was equally committed to standing up to the tobacco industry.
“I applaud the leadership shown by the Australian government in being the first country in the world to introduce plain packaging,” he said. “I admire their courage in standing up to the tobacco industry again and again in legal challenges. Today is a great day for the future health of Australian children.”
Dr Reilly’s officials are awaiting a key opinion from the advocate general of the European Court of Justice, due next Wednesday, on the competence of European Union member states to introduce plain packaging.
In the latest round of the international legal battle on the issue, a Singapore-based court refused a challenge by Philip Morris to Australia’s landmark 2011 plain-packaging law. The tobacco giant brought the case under a bilateral trade treaty with Hong Kong.
The permanent court of arbitration declined on jurisdictional grounds to allow the case to proceed, ending the challenge through this venue, which was based on claims that Australia was violating intellectual property laws.
The decision by the court not to hear the case is likely to be seen as a major victory for Australia, which is facing challenges in other forums such as the World Trade Organisation, and for other countries considering similar laws, including Ireland and Britain.
Australia was the first country to force manufacturers to strip all branding from cigarette packets, most of which are now sold over the counter from blank-fronted cabinets.
