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."
"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."
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