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Sunday, 13 November 2011

Getting around Australia's plain tobacco packaging law #1

Part 2    Part 3    Part 4    Part 5

I'm not sure this hasn't already been covered in the legislation but as it's been reported it's going to be mandatory plain packaging, and the defence the Commonwealth government intend to use against the tobacco industry's accusation that their trademarks have been appropriated and that under Australia's constitution they should be compensated is that the trademarks have not been actually been taken, they just can't be used on cigarette packets. I'm no lawyer but we all know that the number of places the industry can use its trademarks has been diminishing and I feel that at some point you have to concede that effectively they've been taken from them, but in the meantime I wonder if there's anything to stop the trademarks being used on the cigarettes themselves. Most cigarettes have always had their makers' names on so it doesn't seem to unrealistic to use the whole cigarette. Maybe whatever ink ends up being used on the paper to do this would actually make cigarettes slightly more harmful for their users, I have no idea, but on Planet Smokophobia the alleged health benefits from the plain packets would surely offset any harm done by fully branding the cigarettes themselves instead. No, I know that makes no sense, but when we're talking tobacco legislation is that even necessary any more?


Part 2    Part 3    Part 4    Part 5

Comments (6)

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Can they use transparent plain packets as well?
1 reply · active 697 weeks ago
Unfortunately not. As I understand it the new law says the packets have to be a combination of the now traditional horror picture and a plain olive colour with the brand and type of cigarette on the olive bit, presumably in a font that some overpaid trick cyclist has told them is psychologically the most off putting font to smokers. But since most or all the states and territories already have laws that make retailers put the cigarettes in drawers or behind screens or doors on the shelves to hide them unless it's a tobacconists (actually in Canberra even if it is a tobacconist, which seems a bit strange - but it's a strange town) this plain packs law is only going to prevent the brands being seen when a smoker takes the pack out for a smoke. That's what made me think of putting the brand on the cigarette itself in a more noticeable way.
Seems to me the way round it is to supply the standard pack (with no nanny warnings or porno cancer pics) wrapped in a goverment approved paper sleeve. Buy the pack, rip it off and leave on the counter.
1 reply · active 697 weeks ago
Oooh, I like where you're going with this. Like a packet within a packet? It might have to be something more substantial than an outer paper wrapper because I think the new law is mandating a precise spec for the packaging, but if what the packaging contained was a removable inner box of light card with whatever logos on, in turn containing cigarettes, it might be a goer. As with my idea I don't know if the law's been written in such a way as to allow that but assuming its a valid loophole the only downside would be increased cost, though of course that'd apply to my branding of the cigs idea too. Nice one. I'll see if I can do a photo mockup later on.
There should be a good market starting up for fancy reusable cig packs, including those supplied by manufacturers with their proprietary labels, given away for free of course to anyone who wants them, made out of tin maybe and bound to become a collector's item in the future.
1 reply · active 697 weeks ago
Funny you should say that, but in the last few posts cigarette cases, covers and personal design cigarette boxes have had a mention. But you've reminded me that I once saw stick on labels with joke health warnings, which is along similar lines. I'll do another post in a while a give all these a mention.

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