The High Court and the Marlboro Man: the plain packaging decision

The High Court of Australia’s ruling on the plain packaging of tobacco products is one of the great constitutional cases of our age. The ruling will resonate throughout the world – as other countries will undoubtedly seek to emulate Australia’s plain packaging regime.

Having announced its ruling some weeks ago now, the court recently published the reasons for its decision on tobacco companies' challenge to Australia’s regime for the plain packaging of tobacco products.

By a majority of six to one, the High Court of Australia rejected the arguments of the tobacco companies that there had been an acquisition of property under the Australian Constitution. The majority judges variously described the case of the tobacco companies as “delusive”, “synthetic”, “unreal”, and suffering “fatal” defects in logic and reasoning. The dissenting judgement was by Justice Heydon.

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