uk bat.com - Plain packaging

No country anywhere in the world requires plain or unbranded packaging of tobacco products.

The idea was considered some years ago in Canada but was dropped over concerns that it would be contrary to international law and doubts that it would be effective.

More recently the UK Government decided not to pursue generic packaging legislation – despite lobbying by anti-tobacco groups. Ministers cited a lack evidence that it would work.

However, the debate has not gone away and removing colours, designs and trademarks familiar to consumers is on the World Health Organisation’s agenda.

The WHO wants countries introducing new laws as a result of signing the Framework Convention on Tobacco Control to consider forcing all product packaging to be plain or unbranded. This is a guideline and not binding on governments.

Focus turns to Australia

In April 2010 the Australian Government said that it wants to make plain packaging law in 2012.

The tobacco companies are not alone in opposing the move. The Alliance of Australian Retailers  has pledged its opposition. It represents many mostly small business owners – convenience stores, newsagents, service stations and milk bars - who employ thousands of people. The campaign has the financial support of tobacco companies.

The retailers say “enough is enough”. They are “fed up with excessive regulation that is making it harder for us to run our businesses” and describe proposed generic packaging for cigarettes as “the last straw.”

Our view

We are strongly opposed to plain packaging of our products. There is no proper evidence to suggest that plain packs would have any effect on smoking uptake by anybody, including children.

Alan Johnson, the UK's then Secretary of State for Health, told parliament on 16 December 2008 that: "... there is no evidence base that it (plain packaging) actually reduces the number of young children smoking".

We believe we are entitled to use our packs to distinguish our products from those of our competitors. The restriction of valuable corporate brands by any government would risk placing it in breach of legal obligations relating to intellectual property rights and, in most cases, international trade.

If it became necessary, we would take every action possible to protect our brands, the rights of our companies to compete as legitimate commercial businesses selling a legal product, and the interests of our shareholders.

We also believe that plain packaging would commoditise tobacco products and make price the sole identifiable product feature. This could even lead to increased consumption as adult smokers switch to cheaper brands - or cheap, illegal counterfeit cigarettes.

Generic packaging would make it harder to prevent smuggled and counterfeit products entering a market, eroding government tax revenue and disrupting efforts to tackle the illegal trade in tobacco products that plays a significant role in funding international crime and terrorism.

In Australia, more than one in ten cigarettes smoked is already black market, costing an estimated A$600 million a year in lost tax income. And the black market doesn’t check if consumers are old enough to buy cigarettes.