In November 2010, the UK Government announced it would consider introducing plain packaging for cigarettes and other tobacco products to establish whether it would be an effective way to reduce the
In November 2010, the UK Government announced it would consider introducing plain packaging for cigarettes and other tobacco products to establish whether it would be an effective way to reduce the number of young people taking up smoking and to help those who are trying to quit smoking. After intensive lobbying from the tobacco industry the proposal was dropped and the government insisted it needed more time to consider the implications of plain packing, including on tobacco smuggling.
Finally, however, in what may prove to be a game changer of historic proportions, on 16 March 2015, the House of Commons voted 367-113 in favour of the UK Government's proposal for plain packaging of tobacco products in England. This follows in the footsteps of Australia, which was the first country in the world to impose plain packaging laws. Since 1 December 2012, all tobacco products sold in Australia must be in plain packaging. Ireland also introduced a similar scheme in March 2015.
What's changing?
As the proposal stands, from May 2016, the only brand identification which will be allowed to remain on cigarette boxes in England will be the brand name, and even that will only be allowed in a standardised font. All of the (often) world famous branding such as colour schemes, graphics, logos and controversially the brands' registered trade marks will disappear. The packages will display the legally required health warnings which will feature more prominently, given the lack of distinguishing features on the packaging.
The UK has been steadily restricting the advertising and displaying of tobacco products. TV and radio advertising were banned under the Broadcasting Acts of 1990 and 1996. A further general prohibition on all forms of advertising (including through sponsorship) came into effect through the Tobacco Advertising and Promotion Act 2002. And finally the prohibition on the display of tobacco products in shops with floor space exceeding 280m² came into effect from 6 April 2012 and all other shops from 6 April 2015 under the Tobacco Advertising and Promotion (Display) (England) Regulations 2010.
What's behind the plain packaging proposal?
The UK government has been focussing on the number of smoking-related deaths and the cost to the NHS for a significant amount of time. It takes the view that the plain packaging concept will reduce the initial take-up of smoking in younger people. Up to two-thirds of adult smokers report that they began smoking at under 18, so limiting youth uptake would go a long way towards reducing the overall number of smokers and the associated burden placed on the NHS. By reducing the appeal of the packages, the government also believes that there may be an increase in people who quit smoking and a reduction in the number of people who relapse after quitting.
What has been the response from the tobacco industry?
The tobacco industry has predictably reacted strongly to this proposed change. Its arguments have been on two separate levels: (1) the uptake and continuation of smoking is not driven by the colour of the packet of cigarettes and standardising the packaging will allow counterfeiters to increase their criminal activities; and (2) in the words of the Director of Corporate Affairs at Imperial Tobacco, "We have a fundamental right to differentiate our brands from those of our competitors and, should plain packaging pass into law, we would regrettably be left with no choice but to defend our legal rights in court".
The tobacco industry has cited a large number of European and international conventions which would potentially be breached by plain packaging legislation (such as the European Convention on Human Rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, the Trade Marks Directive 2008/95/EC, the Community Trade Mark Regulation EC 207/2009, the WTO General Agreement on Tariffs and Trade and the WTO Technical Barriers to Trade Agreement), in an effort to suggest the issues raised by plain packaging are wider than just the UK.
The view of the tobacco industry is that they should be allowed to use their validly registered trade marks, which are part of their highly valuable intellectual property portfolios and have been developed over decades through significant amounts of financial investment. The industry has therefore stated that if plain packaging becomes law, then it would seek substantial compensation from the Government. Nevertheless, it appears that the Government's desire for plain packaging to support public health will prevail.
Finally, however, in what may prove to be a game changer of historic proportions, on 16 March 2015, the House of Commons voted 367-113 in favour of the UK Government's proposal for plain packaging of tobacco products in England. This follows in the footsteps of Australia, which was the first country in the world to impose plain packaging laws. Since 1 December 2012, all tobacco products sold in Australia must be in plain packaging. Ireland also introduced a similar scheme in March 2015.
What's changing?
As the proposal stands, from May 2016, the only brand identification which will be allowed to remain on cigarette boxes in England will be the brand name, and even that will only be allowed in a standardised font. All of the (often) world famous branding such as colour schemes, graphics, logos and controversially the brands' registered trade marks will disappear. The packages will display the legally required health warnings which will feature more prominently, given the lack of distinguishing features on the packaging.
The UK has been steadily restricting the advertising and displaying of tobacco products. TV and radio advertising were banned under the Broadcasting Acts of 1990 and 1996. A further general prohibition on all forms of advertising (including through sponsorship) came into effect through the Tobacco Advertising and Promotion Act 2002. And finally the prohibition on the display of tobacco products in shops with floor space exceeding 280m² came into effect from 6 April 2012 and all other shops from 6 April 2015 under the Tobacco Advertising and Promotion (Display) (England) Regulations 2010.
What's behind the plain packaging proposal?
The UK government has been focussing on the number of smoking-related deaths and the cost to the NHS for a significant amount of time. It takes the view that the plain packaging concept will reduce the initial take-up of smoking in younger people. Up to two-thirds of adult smokers report that they began smoking at under 18, so limiting youth uptake would go a long way towards reducing the overall number of smokers and the associated burden placed on the NHS. By reducing the appeal of the packages, the government also believes that there may be an increase in people who quit smoking and a reduction in the number of people who relapse after quitting.
What has been the response from the tobacco industry?
The tobacco industry has predictably reacted strongly to this proposed change. Its arguments have been on two separate levels: (1) the uptake and continuation of smoking is not driven by the colour of the packet of cigarettes and standardising the packaging will allow counterfeiters to increase their criminal activities; and (2) in the words of the Director of Corporate Affairs at Imperial Tobacco, "We have a fundamental right to differentiate our brands from those of our competitors and, should plain packaging pass into law, we would regrettably be left with no choice but to defend our legal rights in court".
The tobacco industry has cited a large number of European and international conventions which would potentially be breached by plain packaging legislation (such as the European Convention on Human Rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, the Trade Marks Directive 2008/95/EC, the Community Trade Mark Regulation EC 207/2009, the WTO General Agreement on Tariffs and Trade and the WTO Technical Barriers to Trade Agreement), in an effort to suggest the issues raised by plain packaging are wider than just the UK.
The view of the tobacco industry is that they should be allowed to use their validly registered trade marks, which are part of their highly valuable intellectual property portfolios and have been developed over decades through significant amounts of financial investment. The industry has therefore stated that if plain packaging becomes law, then it would seek substantial compensation from the Government. Nevertheless, it appears that the Government's desire for plain packaging to support public health will prevail.