Wed, Feb 22, 2012
Tobacco Reporter Magazine Content:
PM opens second front in plain packaging court battle
Dec 20, 2011—Philip Morris Ltd (PML) today announced that it had filed a High Court challenge against the Australian government over legislation requiring plain packaging for tobacco products.
This is the second legal claim filed by a Philip Morris company against the government on plain packaging.
“The Government has passed a law that acquires our valuable brands and intellectual property despite being unable to demonstrate that it will reduce smoking and ignoring the widespread concerns raised in Australia and internationally regarding the serious adverse ramifications associated with plain packaging,” said PML spokesperson, Chris Argent.
“We believe plain packaging violates the Australian constitution because the government is seeking to acquire our property without paying compensation,” Argent added.
PML is seeking a ruling from the court that the government cannot prevent PML from continuing to use its valuable intellectual property and branding on its cigarettes and packaging.
The announcement of the lawsuit follows the arbitration claim filed on November 21 by Philip Morris Asia under Australia’s Bilateral Investment Treaty with Hong Kong in which the company is seeking substantial monetary damages.
Earlier this month, British American Tobacco, Imperial Tobacco Australia and Japan Tobacco International launched separate High Court challenges against the packaging legislation.
Dec 20, 2011—Philip Morris Ltd (PML) today announced that it had filed a High Court challenge against the Australian government over legislation requiring plain packaging for tobacco products.
This is the second legal claim filed by a Philip Morris company against the government on plain packaging.
“The Government has passed a law that acquires our valuable brands and intellectual property despite being unable to demonstrate that it will reduce smoking and ignoring the widespread concerns raised in Australia and internationally regarding the serious adverse ramifications associated with plain packaging,” said PML spokesperson, Chris Argent.
“We believe plain packaging violates the Australian constitution because the government is seeking to acquire our property without paying compensation,” Argent added.
PML is seeking a ruling from the court that the government cannot prevent PML from continuing to use its valuable intellectual property and branding on its cigarettes and packaging.
The announcement of the lawsuit follows the arbitration claim filed on November 21 by Philip Morris Asia under Australia’s Bilateral Investment Treaty with Hong Kong in which the company is seeking substantial monetary damages.
Earlier this month, British American Tobacco, Imperial Tobacco Australia and Japan Tobacco International launched separate High Court challenges against the packaging legislation.
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