New Zealand to Initiate Plain Tobacco Packaging Law
Wednesday 19 February 2014 @ 1.20 p.m. | IP & Media
The New Zealand Parliament has overwhelmingly voted in favour of a plain packaging bill which would eliminate all branding from tobacco products. The Smokefree Environments (Tobacco Plain Packaging) Amendment Bill (bill) aims to follow a similar process to that of Australia where plain packaging laws were introduced in December 2012.
New Zealand Associate Health Minister Tariana Turia introduced the bill, stating: “When tobacco manufacturers push tobacco, they are not simply selling a stick of nicotine; they are selling status, social acceptance and adventure.” If passed, all branding from tobacco products would be phased out except for the name in plain, small type, and plaster warnings on the harmful effects of smoking.
Public Health Protection
From a public health perspective, the case for plain packaging is clear. Branded cigarette packets are known to be a powerful tobacco industry marketing tool designed to attract and retain customers, especially young people. Recent research has shown that plain packaging in Australia is making a difference. A recent study on the Australian plain packaging policy found that a cross-sectional survey of 536 adult cigarette smokers who smoked from plain packs perceived their cigarettes to be lower in quality and less satisfying than a year ago, were more likely to have thought about quitting at least once a day in the past week and rate quitting as a higher priority in their lives compared to those who smoked from branded packs. They were also more likely to support a plain pack policy than branded pack smokers.
Furthermore, evidence shows that plain packaging:
- Removes the power of imagery on packets to communicate lifestyle and personality associated with brands which reduces the overall appeal of tobacco products to current and potential consumers
- Stops tobacco companies from misleading people with lighter colours to suggest products are less harmful.
- Makes room for larger health warning labels, increasing the impact of these warnings to consumers.
The Australian Approach
As part of a comprehensive Australian Government strategy to reduce the rate of smoking in Australia, the Tobacco Plain Packaging Act 2011 (CTH) and commenced in the latter months of 2012. The Australian government successfully defended the legislation’s constitutional validity in cases brought by the multinational tobacco companies British American Tobacco, Imperial Tobacco, Japan Tobacco and Philip Morris in the High Court of Australia. A challenge in the World Trade Organisation is now on foot with tobacco companies stating publically that they are helping to fund various challenges against Australia’s plain packaging laws.
Susan Jones, spokeswoman for British American Tobacco stated:
“We believe it would be wise for the [New Zealand] Government to wait for WTO challenges to be resolved before considering the introduction of plain packaging here.… Plain packaging constitutes a severe restriction on the use of our intellectual property, including trademarks. This is a huge concern to us, as it would be to any business, because the effect is to render our trademarks unusable.”
The New Zealand Association of Convenience Stores expressed its concern that such a bill would have a detrimental effect on retailers.
“The Ministry of Health seems hell-bent on supporting legislation forcing plain packaging through, despite the Australian evidence showing retailers are in fact bearing the brunt of this latest attempt to stop people smoking.”
While the implementation of the plain packaging may be delayed until Australia’s legal challenges are decided, public consultation on the bill continues.
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