Ruling Does Not Address Legality of
“There is nothing in today’s outcome that addresses, let alone
validates, plain packaging in
PMAL filed its claims under the IPPA on
Firestone continued, “This case has never been about a government’s undeniable authority to regulate in the public interest. Nor has there ever been any question that tobacco products merit strict oversight. In our view, the real point is simply this: Even when pursuing tobacco control objectives, governments are still accountable if they choose to use unlawful means. This is the essence of the rule of law.”
The Australian government’s tobacco packaging policy remains the subject
of international disagreement.
Australia’s former Labor government made bold promises regarding the public health benefits that its excessive, expropriatory trademark ban -- which it labeled a policy experiment – would yield. Three years into the experiment, data from a range of sources consistently demonstrate that the promised outcomes are not being delivered.
PMAL is reviewing the Tribunal’s decision in detail and will determine any further course of action.
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