The proposal, noted in earlier posts of this blog (eg here and here), is of interest in relation to trade mark law, public health policy, constitutional powers and regulation.
In releasing the two documents Health Minister Nicola Roxon commented that "Australia is the first signatory and the first country in the world to commit to implementing these recommendations on plain packaging and we’re proud of it".
She also said that "the chilling facts are that smoking kills 15,000 Australians a year and costs our society $31.5 billion each year. This plain packaging legislation sends a clear message that the glamour is gone - cigarette packs will now only show the death and disease that can come from smoking".
The Consultation Paper indicates that the proposed statutory restrictions on cigarette packaging (including use of trade marks) aims to prevent tobacco advertising and/or promotion on tobacco product packaging in order to -
• reduce the attractiveness and appeal of tobacco products to consumers, particularly young people;The Paper outlines the approach to implementing plain packaging, design testing and targeted consultations, and an explanation of the key provisions of the exposure draft.
• increase the noticeability and effectiveness of mandated health warnings;
• reduce the ability of the tobacco product packaging to mislead consumers about the harms of smoking; and
• through the achievement of these objectives in the long term, as part of a comprehensive suite of tobacco control measures, contribute to efforts to reduce smoking rates
Submissions must be received by the Department of Health & Ageing by 5.00pm on 6 June 2011.
