Australian Plain Packaging law anniversary and UK developments

Sunday 1 December 2013 marked the first anniversary of the implementation of standardised tobacco packaging in Australia.

While a couple of EU countries said they would consider the adoption of standardized packaging earlier this year, the EU had advised to wait for the outcome of the WTO challenges with respect to the Australian law.

Not an actual PP proposal
--but maybe in future?

On 8 October, the European Parliament, in plenary session, voted on the proposed revision of theTobacco Products Directive, and rejected the compulsory plain packaging requirement. However, member states still have the possibility to implement more stringent rules.

On 28 November the UK government announced  that it will continue to review the evidence for standardised or plain packaging of tobacco products. Following reports by KPMG (reported by IPKat here) and London Economics here explaining that plain packaging might not having the desired effect, the UK Government has commissioned an independent inquiry into plain packaging for tobacco products which will be led by Sir Cyril Chandler a paediatrician. The report is due in March 2014.

 A Written Ministerial Statement  from the Minister of Health  Jane Ellison was published on 28 November

The Parliamentary Under Secretary of State, Department of Health (Jane Ellison):

“I am today announcing that we have asked Sir Cyril Chantler to carry out an independent review of the public health evidence on standardised packaging of tobacco products. 

Tobacco use is a significant public health challenge. Our evidence-based tobacco control strategies play an essential part in delivering the Government’s continued commitment to reduce the number of people in this country who are dying prematurely.  

It is important to explore avenues that have the potential to contribute to this longstanding  aim. In July we said that we would keep the policy of standardised packaging under review as we examine the emerging evidence. As part of this ongoing work we have therefore commissioned a review with the following terms of reference:

1. To give advice to the Secretary of State for Health, taking into account existing and any fresh evidence, as to whether or not the introduction of standardised packaging is likely to have an effect on public health (and what any effect might be), in particular in relation to the health of children. It will be a matter for the Chair to determine how he undertakes this review and he is free to draw evidence from whatever source he considers necessary and appropriate. 

2. The review will report by March 2014.

3. It will be an Independent Review, with advice to the Secretary of State contained in a report. An independent secretariat will be appointed by the Chair, who will set out the method of how he will conduct the review in more detail in due course. The secretariat will be wholly accountable to the Chair, and it will be for the Chair to guide and task them in their work as he sees fit.

We intend to reach a decision on standardised tobacco packaging once Sir Cyril has made his report.  

The Government will introduce standardised tobacco packaging if, following the review and consideration of the wider issues raised by this policy, we are satisfied that there are sufficient grounds to proceed, including public health benefit. 

The Government also intends to take advantage of the opportunity offered by the Children and Families Bill, which is currently being considered in the House of Lords, to table a Government amendment to take enabling powers now which would allow regulations to be made to introduce standardised tobacco packaging later, if it is decided to proceed with this policy”.

Actual brand --
as seen in Italy

This amendment would provide the power to the Secretary of State for Health to introduce plain packaging without the need for primary legislation as long as they are convinced that it will address public health concerns for those under the age of 18. Further information on the Government  website can be found here. Similar plans may soon be adopted in New Zealand and Ireland. Like in Australia, Ireland’s draft legislation would ban forms of branding like trademarks and logos on cigarette packs and would determine the size and positioning of the health warning (to more than 60%). The name would be presented in a uniform typeface for all brands, and the packs would all be in one plain, neutral colour.