Big tobacco ready for plain packaging legal challenge

The tobacco industry is set to take the Government to the High Court after world-first plain packaging laws passed the Senate last night.

The legislation requiring all cigarettes be sold in drab olive-brown packs with prominent health warnings will have to return to the lower house for a final tick of approval after the start date was amended to December 2012 - six months later than planned.

British American Tobacco Australia said it would start legal proceedings once plain packaging becomes law, arguing it is unconstitutional to remove its trademarks and other intellectual property without compensation.

The historic laws will prohibit tobacco companies from displaying their distinctive colors and brand designs on cigarette packs in a bid to make smoking less attractive to the young.

Related links

• Can big tobacco sue for compensation over the plain packaging laws, by virtue of Section 51(xxxi) of the Constitution?

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