SWSLHD and Bowral's Health - 60

Big tobacco ‘pulling out dirty tricks’ in court challenge

2nd Dec 2011 - Medical Observer

 
O'Brien Mark   all articles by this author

Big tobacco ‘pulling out dirty tricks’ in court challenge

BRITISH American Tobacco’s (BAT) High Court challenge to the government’s plain packaging legislation has been rubbished by Quit executive director Fiona Sharkie , who said she expected the challenge to fail.

"What we are seeing is a tobacco industry completely on the ropes, pulling out any dirty trick or tactic in an attempt to undermine this important legislation which will prevent countless Australians from becoming addicted to their deadly products in the future," Ms Sharkie said.

"They have very deep pockets so we expect to see all kinds of nonsense from the tobacco industry over the next twelve months,” she said.

BAT launched the legal action hours after the plain packaging bill received royal ascent, and will argue the legislation is invalid because the federal government is trying to acquire valuable intellectual property without compensation.

No date for the hearing of the case has been set but it is likely to be no earlier than the second quarter of next year.

BAT spokesperson Scott McIntyre said the company had consistently said it would defend its intellectual property on behalf of their shareholders.

"If the same type of legislation was introduced for a beer brewing company or a fast food chain, then they'd be taking the government to court and we're no different," Mr McIntyre said.

The challenge followed legal action launched by tobacco company Philip Morris Asia on 21 November, which served a notice of arbitration with the United Nations Commission on International Trade Law, claiming the commonwealth is essentially stealing its brands.

"Obviously we'd rather not be in a situation where we're forced to take the government to court, but unfortunately for taxpayers the government has taken us down the legal path," Mr McIntyre said.

Health Minister Nicola Roxon said big tobacco just couldn't give up their addiction to legal action.

"They have fought governments tooth and nail around the world for decades to stop tobacco control," Ms Roxon said in a statement.

"Let there be no mistake, big tobacco is fighting against the government for one very simple reason – because it knows, as we do, that plain packaging will work.

"While it is fighting to protect its profits, we are fighting to protect lives."

Tags: Plain Packaging, Nicola Roxon, British American Tobacco, Philip Morris

COMMENTS: 

Misty
2nd Dec 2011
5:31pm

It is amazing that this sick and wicked industry seeks to protect its"market of death" through the courts, an institution that was conceived to defend and protect the rights of those on the receiving end of injustice.

 

Peter Arnold
2nd Dec 2011
8:58pm

"BAT launched the legal action hours after the plain packaging bill received royal ascent"
Could one say that the stink of tobacco has gone to high Heaven?
'Spellchecker' 1, sub-editor 0.
'Pedantic Pete' Arnold

SWSLHD and Bowral's Health - 39

‘Vexatious’ big tobacco swamping plain-packaging push

20th Oct 2011 AAP   all articles by this author - Medical Observer

THE federal health department is considering taking action against big tobacco for lodging "vexatious" Freedom of Information (FOI) claims as part of the industry's fight against Labor's plain-packaging push.

Health department secretary Jane Halton says the department is being "swamped" with FOI requests as part of a deliberate campaign by cigarette manufacturers.

"This is a very specific and deliberate attempt to divert resources," Ms Halton told a Senate estimates hearing on Wednesday.

"There will come a point where we will have to consider what to do about that."

Ms Halton said there was a provision in the FOI legislation relating to vexatious applicants.

"We are intending to take advice on that," she said. "It is being discussed."

The health department has received 63 FOI requests, of which 52 were from big tobacco. Some 35 are still being dealt with.

The Gillard government wants to force all cigarettes to be sold in drab olive-brown packs from mid-2012.

Cigarette manufacturers have threatened to challenge the world-first laws in court after they pass the Senate later this year.

Ms Halton said on Wednesday big tobacco's FOI requests had cost the department "an awful lot". Industry is disputing some of the charges.

The department secretary said she supported the principle of openness but "the way the current FOI laws are written there are huge opportunities for people who wish to abuse process to do so".

The amount the department can charge for processing requests "goes nowhere near meeting our costs", Ms Halton said.

It can only charge $15 per hour for search and retrieval and $20 an hour for decision-making time. The staff doing the work can earn up to $50 an hour.

"So we are hardly talking reasonable recompense for the amount of time and energy it's taking," Ms Halton said.

British American Tobacco Australia (BATA) argues it's been forced to rely on FOI applications because Health Minister Nicola Roxon refuses to consult industry.

BATA has lodged 15 FOI requests with the health department in the past 18 months and is currently waiting on six to be finalised.

"Documents [already obtained] from the government show they have concerns about the need to pay compensation to the tobacco industry for removing our intellectual property, the growth in illegal tobacco once all packs look the same and an increase in smoking rates due to cheaper cigarettes," BATA spokesman Scott McIntyre told AAP in a statement.

An April 2010 briefing note from the government body, which administers Australia's intellectual property rights system, states plain packaging would impinge on trademark rights.

But, IP Australia points out, that might not be a problem if it serves the public interest.

Greens health spokesman Richard Di Natale says big tobacco is using every tactic possible to derail plain packaging.

"They have resorted to trying to clog up the health department with vexatious FOI requests," he said in a statement on Wednesday.

"The tobacco industry should halt their campaign of mischief and let the health department do its job protecting the public's health."

Under Australia's FOI laws an applicant can be declared "vexatious" by the information commissioner.

Tags: Plain packaging, cigarettes, big tobacco, Roxon, Jane Halton, FOI, freedom of information

SWSLHD and Bowral's Health - 26

WHO call to unite against Big Tobacco

11th Oct 2011

THE World Health Organization (WHO) has urged governments to unite against Big Tobacco, accusing the industry of dirty tricks, bullying and immorality in its quest to keep people smoking.

WHO director-general Dr Margaret Chan cited Australia’s plan for plain packaging while accusing cashed-up tobacco firms of using lawsuits to try to subvert national laws and international conventions aimed at curbing cigarette sales.

"It is horrific to think that an industry known for its dirty tricks and dirty laundry could be allowed to trump what is clearly in the public's best interests," Dr Chan said at a forum of Western Pacific nations in the Philippine capital yesterday.

Australian Department of Health and Ageing Secretary Jane Halton told the meeting the Australian government was determined to push through with its plan for world-first legislation on plain packaging, despite the "subversive tactics" of tobacco companies.

"We stand ready to repel the assault of Big Tobacco, but we acknowledge it will be a big fight," Ms Halton told the WHO delegates.
Philip Morris has launched legal action, claiming Australia's plans violate international trade obligations and warning it expects billions of dollars in compensation if plain packaging goes ahead.

Dr Chan cited legal action by the tobacco industry against anti-smoking measures in Australia and in Uruguay, saying these were "scare tactics" intended to frighten other countries from following suit.

"It is hard for any country to bear the financial burden of this kind of litigation, but most especially so for small countries," she said.

"Big Tobacco can afford to hire the best lawyers and PR firms that money can buy. Big money can speak louder than any moral, ethical or public health argument and can trample even the most damning scientific evidence."

Dr Chan called on the countries at the forum to fight back.

"I urge all these countries to stand firm together. Do not bow to pressure... We must never allow the tobacco industry to get the upper hand," she said.

AFP

Tags: tobacco, WHO, plain packaging

Comments:

sundar
11th Oct 2011
4:12pm

Tobacco cultivation is like opium cultivation. we should target those countries who cultivate tobacco and educate those farmers who needs help and security.
Fighting with tobacco company is going to be very challanging and exhausting.

 

Michael
11th Oct 2011
5:58pm

I hear the tobacco companies are now sponsoring over 100 schools in China.

I still don't understand why 95% of the word's illegal heroin comes from Afghanistan, a country we have been at war with for over 10 years.

 

Amateur Observer
11th Oct 2011
10:36pm

Cigarettes are such a major health issue. Indeed I'd imagine it would be currently impossible to register a product in the Australian public domain (available at supermarkets, etc) which shortens your lifespan by 10 years.

Yet we are "fiddling whilst Rome burns" with the plain packaging nonsense. It's only going to be a piddly reduction in cigarette sales, whilst trying to preserve most of the Fed's nicotine tax money, and allowing the death-selling companies to continue on in Australia for many decades to come.

Why not simply stop sale of cigarettes to all new customers?

No more generations of nicotine-addicted youth.

Now that would improve our health indicators. If Nicola Roxon was serious about reducing smoking rates, and improving Australia's life-expectancy, with not a single extra dollar in health department outlays (only consolidated tax revenue forgone), there's the silver bullet!