An act to discourage the use of tobacco products, and for related purposes. Tobacco plain packaging act 2011 table of provisions long title chapter 1preliminary part 1preliminary 1. Products manufactured after 1 october 2012, and all on sale after 1 december 2012 must be in the plain packaging. Special communication standardised packaging and new enlarged. The trade marks amendment tobacco plain packaging bill 2011 the trade marks bill is one of two bills aimed at introducing plain packaging of tobacco products.
Plain packaging reduces the attractiveness of the product, particularly to young people and women 2 plain packaging combined with large pictorial health warnings increases awareness of the risks related to tobacco consumption 3 plainpackaging measures encourage more people to quit and fewer to start 4 legality of plainpackaging measures 4. Tobacco plain packaging act 2011 federal register of legislation. The tobacco plain packaging act 2011 the act and the tobacco. Trade marks amendment tobacco plain packaging act 2011. Tobacco plain packaging act 2011 the tpp act and associated regulations. Legislated timing of transition to plain packaging and roll. Tobacco plain packaging act 2011 federal register of. The legislation prohibits logos, brand imagery, colours and promotional text other than brand and product names in a standard colour, position, font style and size appearing on tobacco packaging. Plain packaging of tobacco products campaign for tobaccofree. Dec 01, 2011 on 1 december 2011, the tobacco plain packaging act 2011 the act received royal assent and became law in australia the act forms part of a comprehensive range of tobacco control measures to reduce the rate of smoking in australia and is an investment in the long term health of australians. Dec 14, 2011 this act may be cited as the tobacco plain packaging act 2011. Plain and standardized packaging of tobacco products date. Plain packaging recognises australias commitment as a signatory to the world health organization framework convention on tobacco control4 and has been widely. Philip morris asia limited is a company incorporated in hong kong.
Plain packaging of tobacco products, evidence brief eng. Special communication standardised packaging and new. Australias tobacco plain packaging legislation came into full effect on 1 december 2012. December 1, 2011, tobacco plain packaging act adopted. In its notice of arbitration dated november 21, 2011, it asserted that australia had violated its intellectual property rights, as an investor in australia, through the enactment and enforcement of the tobacco plain packaging act 2011 cth. The government conducted further consultation on the detail of the proposed design features for the plain packaging of noncigarette tobacco products in october 2011 16 and also on the tobacco plain packaging regulations. Mitchell, andrew and studdert, david, plain packaging of tobacco products in australia. An act was adopted providing ministerial powers to implement plain packaging regulations. Tobacco plain packaging bill 2011 exposure draft 31. High court constitutional challenge by tobacco industry dismissed august 2012 2. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. It is a consequential bill to the principal bill which is the tobacco plain packaging bill 2011 the plain packaging bill. Plain packaging regulations 2011 the regulations set out the full specifications for plain. This paper evaluates the preliminary evidence in the form of abs household expenditure on tobacco data to establish.
The australian legislative measure, namely the tobacco plain packaging act 2011 cth, is currently under attack in several fronts, including the world trade organisation, though recently the. Tobacco plain packaging bill 2011 parliament of australia. The act requires tobacco products to be sold in plain packaging from december, 2012, which means removing colourful brandingthe key marketing tool used by the tobacco industry. About this compilation this compilation this is a compilation of the tobacco plain packaging act 2011 that shows the text of the law as amended and in force on 1 july 2016 the compilation date. Request the minister of health to enact legislation to require plain and standardized packaging for all tobacco products in canada. The other bill, the trade marks amendment tobacco plain packaging bill 2011, is consequential and seeks to amend the trade marks act 1995 to enable regulations to be made in relation to the use of trade marks under the tobacco plain packaging act 2011. Trade marks amendment tobacco plain packaging bill 2011. Pdf the trips compatibility of australias tobacco plain.
Tobacco plain packaging in australia in 2011, australia enacted the tobacco plain packaging act 2011, becoming the first country in the world to mandate plain packaging for tobacco products known as standardised packaging in the united kingdom and new zealand. In australia, for example, section 3 of the tobacco plain packaging act 2011 describes. The trade marks amendment tobacco plain packaging act 2011. The tobacco plain packaging act 2011 the tpp act requires cigarettes to be sold in drab brown packets, with large and often grotesque graphic health warnings as of december 1, 2012.
Pdf the case for plain packaging of tobacco products. Frequently asked questions on cigars and cigar packaging and compliance with the tobacco plain packaging act 2011 and other relevant legislation. Plain packaging of tobacco products november 2008, updated april 2011 limited regulation also applies in relation to the display of yield information average tar, nicotine and carbon monoxide content of the smoke from each cigarette and pack descriptors such as light and mild. The eyes of the world are on australia in the battle over plain cigarette packaging. The tpp act imposes significant restrictions upon the color, shape and finish of retail packaging for to. Philip morris asia v australia international arbitration. Trade marks amendment tobacco plain packaging bill 2011 and tobacco plain packaging bill. All tobacco products sold in australia have been required to. This is a compilation of the tobacco plain packaging act 2011 that shows the text of the law as amended and in force on 6 november 2018 the compilation date. Dec 12, 2011 act means the tobacco plain packaging act 2011. Tobacco plain packaging act 2011 sect 4 definitions 1 in this act. Tobacco plain packaginginvestorstate arbitration attorney. In addition, new standards were introduced for mandatory text and graphic warnings on tobacco pac.
Rules relating to surfaces of cigarette packs and cigarette cartons 7. Tobacco plain packaging regulations 2011 tpp regulations. High court constitutional challenge by tobacco industry dismissed august. Tobacco plain packaging shisha and molasses tobacco. The tobacco plain packaging act 2011 the act17,18 and associated trade marks amendment tobacco plain packaging act 201119 received royal assent.
Introduction of tobacco plain packaging in australia about plain packaging since 1 december 2012, all tobacco products sold, offered for sale, or supplied in australia must be in plain packaging. The tobacco plain packaging act 2011 the act 17, 18 and associated trade marks amendment tobacco plain packaging act 201119 received royal assent on 1 december 2011. Pdf 930 kb plain packaging of tobacco products in australia frequently asked questions html. The tobacco plain packaging act 2011 the act 17 18 and associated trade marks amendment tobacco plain packaging act 201119 received royal assent on 1 december 2011.
Definition of package a tobacco product for retail sale 6. Tobacco plain packaging bill 2011 exposure draft 31 march. The introduction of plain packaging legislation in australia was informed by an understanding of the way packaging affects perceived appeal of tobacco products, noticeability and impact of health warnings, and perceptions of relative harmfulness. Plain and standardized packaging of tobacco products. December 1, 2012, tobacco plain packaging regulations came into force. Tobacco plain packaging act 2011 sect 4 definitions. Aug 24, 2011 the trade marks amendment tobacco plain packaging bill 2011 the trade marks bill is one of two bills aimed at introducing plain packaging of tobacco products. Other tobacco industry objections to plain packaging.
Under the scheme constituted by the tobacco plain packaging act 2011 cth tpp act and the tobacco plain packaging regulations 2011, as amended by the tobacco plain packaging amendment regulations 2012 no. Position statement plain packaging of tobacco products. In addition the plain packaging is thought to remove much of the. Plain packaging of tobacco products november 2008, updated april 2011 remove the packs ability to deceptively influence consumers.
The tobacco plain packaging act 2011 the act17 18 and associated trade marks amendment tobacco plain packaging act 201119 received royal assent on 1 december 2011. Request the medical officer of health to submit comments to health canada on. Australia, with the enactment of the tobacco plain packaging act on 12 december 2011, became the first country in the world to require tobacco products to be sold in plain packaging. Canada was the first country to moot the idea of plain packaging of tobacco products, 14 but it was australia which became the first country to implement the provision from 1 december 2012. The tobacco plain packaging bill 2011 the bill seeks to prohibit the use of all tobacco industry logos, brand imagery. Manufacturers implemented enlarged graphic health warnings at the same time as plain packaging though they were free to introduce them earlier.
This act may be cited as the tobacco plain packaging act 2011. The tobacco plain packaging act 2011 and the tobacco plain packaging regulations 2011 set out the requirements for plain packaging. Australia was the first country to implement tobacco plain packaging. Legislated timing of transition to plain packaging and. The tobacco plain packaging act 2011 and the competition and consumer tobacco information standard 2011 have comprehensively altered the appearance of tobacco products in australia. Trade marks act 1995, and for related purposes assented to 1 december 2011 the parliament of australia enacts. The tobacco plain packaging act of 2011 cth the act and the tobacco plain packaging regulations of 2011the regulations, came into effect in 2012. The tobacco plain packaging regulations 2011 regulations approved by the governments executive council on 7 december 201120, 21 set out requirements for the retail packaging. A novel regulation faces legal challenge 2002 307 3 journal of the american medical association 261. All outer surfaces of primary packaging must be in a drab dark brown colour known as pantone 448c in a matt finish primary packaging is defined as a container for retail sale in.
The tobacco plain packaging act 2011 the act 17 18 and associated trade marks amendment tobacco plain packaging act 2011. Plain packaging of tobacco products world health organization. The legality of australias plain packaging legislation. The departments tobacco control regulations are due to sunset on 1 april 2022. This act may be cited as the trade marks amendment tobacco plain packaging act 2011. Tobacco plain packaging act 2011 and the tobacco plain packaging regulations 2011, some of the key requirements relating to foil packaging are. From december 2012 standardised packaging for tobacco products known as plain packaging has been mandatory in australia. These resources are also available in languages other than english for people from nonenglish speaking backgrounds if you are unsure of your obligations under the tobacco plain packaging or new health warnings legislation, or you are having difficulty understanding the requirements, you may wish to seek independent advice. Department of health tobacco plain packaging resources. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled. Last november, the australian government passed the tobacco plain packaging act 2011. The tobacco plain packaging act 2011 the act and the tobacco plain packaging regulations 2011 the regulations set out the requirements for the plain packaging of tobacco products, including but not limited to.