The Federal Government has welcomed the decision by the High Court of Australia to reject the legal challenge against its plain packaging laws.

 

The tobacco companies, including Phillip Morris, British American Tobacco, Imperial Tobacco and Japan Tobacco, lodged a legal challenge against the plain packaging laws, arguing that Federal Government had taken control of their intellectual property and that the law was unconstitutional on the grounds that it violated their right to sell and distribute a legal product.

 

The High Court ruled that the laws had no such effect on the companies’ intellectual property, clearing the way for the introduction of the law at the start of December.

 

"I want to say that we are proud as a Government for the action that we've taken. We are very pleased that the highest court in Australia has said that the Australian Constitution allows this measure to be introduced,” Attorney General Nicola Roxon told a press conference following the High Court ruling.

 

 

Ms Roxon said the announcement was a crucial piece of health reform, and that it will have a significant effect on forming global legislation around tobacco consumption.

 

“This is a watershed moment for tobacco control around the world. Australia's actions are being closely watched by governments around the world, including by Norway, Uruguay, UK, EU, NZ, France, South Africa and China. Other countries might now consider their next steps,” Ms Roxon said in a press release.

 

“The message to the rest of the world is big tobacco can be taken on and beaten. Without brave governments willing to take the fight up to big tobacco, they'd still have us believing that tobacco is neither harmful nor addictive.”