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ARTICLE · 08 OCTOBER 2012

Unbranded Cigarettes

On 15 August 2012 the Australian High Court ruled that the much-discussed legislation that requires tobacco companies to sell their products in unbranded packages.

South AfricaIntellectual Property

On 15 August 2012 the Australian High Court ruled that the much-discussed legislation that requires tobacco companies to sell their products in unbranded packages, the Tobacco Plain Packaging Act 2011, is constitutional.  The legislation, which kicks in on 1 December 2012, is highly controversial, because it requires all brands of cigarettes to be sold in identical  olive green packs featuring  graphic images of mouth ulcers and  other consequences of smoking – these health warnings must, in fact, cover 75% of the front of the pack, and 90% of the back.   The brand name (without the logo) and the variant (like menthol) may appear in very small print, presumably so that the shopkeeper can in fact provide the customer with the brand they want.

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