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ARTICLE · 20 AUGUST 2012

High Court of Australia Rejects Plain Packaging Challenge

Spruson & Ferguson Lawyers
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Under the provisions of the TPP Act, manufacturers of tobacco products are required to sell the goods in plain packaging.

AustraliaIntellectual Property
Sean McManis
Sean McManis
Nathan Sinclair
Nathan Sinclair
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In the cases of JT International SA V Commonwealth Of Australia and British American Tobacco Australasia Limited & Ors v Commonwealth Of Australia [2012] HCA 30 the High Court of Australia has dismissed a challenge to the validity of the Federal Government's Tobacco Plain Packaging Act 2011 (Cth) ("the TPP Act").

Under the provisions of the TPP Act, manufacturers of tobacco products would be required to sell these goods in plain packaging, described as being dark olive brown in colour. The brand name will appear on the package but only in a standard printed form.

The TPP Act was introduced as part of a suite of measures intended to reduce the national smoking rate in Australia. The Government's objective is to try to reduce rates to 10% by 2018 and halve the smoking rate of Aboriginal and Torres Straight Islanders.

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