Tobacco firms lose Australia plain packet challenge
In this undated image provided by the Minister for Health and Ageing is proposed cigarette packaging stripped of all logos and replaced with graphic images that tobacco companies in Australia will be forced to use. Australia's highest court upheld the world's toughest law on cigarette promotion on Wednesday, Aug 15, 2012, despite protests from tobacco companies that argued the value of their trademarks will be destroyed under new rules that will strip all logos from cigarette packs. -- PHOTO: AP
An office worker lights a cigarette in front of the Sydney Harbour Bridge on Aug 15, 2012. Australia called on the rest of the world to match its tough new anti-tobacco marketing laws after its highest court on Wednesday dismissed a challenge from international cigarette companies in a major test case. -- PHOTO: REUTERS
An office worker smokes a cigarette in front of the Sydney Opera House on Aug 15, 2012. Australia called on the rest of the world to match its tough new anti-tobacco marketing laws after its highest court on Wednesday dismissed a challenge from international cigarette companies in a major test case. -- PHOTO: REUTERS
A kiosk worker (below) looks at cigarette packets which are kept covered up by law in central Sydney on Aug 15, 2012. Global tobacco firms lost a "watershed" court challenge to Australia's plain packaging laws for cigarettes on Aug 15 in a closely-watched case health advocates said will have a worldwide impact. -- PHOTO: AFP
A woman holds a packet Winfield cigarettes at Bondi beach in Sydney on Aug 15, 2012. Australia's highest court endorsed tough new anti-tobacco marketing laws on Wednesday, dismissing a legal challenge from global cigarette companies in a major test case between tobacco giants and anti-smoking campaigners. -- PHOTO: REUTERS
Cigarette butts lie in a public roadside cigarette bin in central Sydney on Aug 15, 2012. Global tobacco firms lost a "watershed" court challenge to Australia's plain packaging laws for cigarettes on August 15 in a closely-watched case health advocates said will have a worldwide impact. -- PHOTO: AFP
A smoker holds a cigarette in central Sydney on Aug 15, 2012. Global tobacco firms lost a "watershed" court challenge to Australia's plain packaging laws for cigarettes on August 15 in a closely-watched case health advocates said will have a worldwide impact. -- PHOTO: AFP
A man smokes a cigarette at Bondi beach in Sydney on Aug 15, 2012. Australia's highest court endorsed tough new anti-tobacco marketing laws on Wednesday, dismissing a legal challenge from global cigarette companies in a major test case between tobacco giants and anti-smoking campaigners. -- PHOTO: REUTERS
A man smokes a cigarette by Bondi beach in Sydney on Aug 15, 2012. Australia's highest court endorsed tough new anti-tobacco marketing laws on Wednesday, dismissing a legal challenge from cigarette companies in a major test case between tobacco giants and anti-smoking campaigners. -- PHOTO: REUTERS
A woman smokes next to a cigarette pack in central Sydney in this Oct 12, 2011 file photo. Australia's highest court will rule on the world's toughest anti-cigarette marketing laws on Aug 15, 2012 in what has become a major test case for global tobacco companies in their fight against restrictions on the sale of their products. -- PHOTO: REUTERS
A combo of file handout images released by the Australian Government Department of Health and Ageing on April 29, 2010, shows both sides of a new generic cigarette packaging with health warnings taking up 85 per cent of the pack and a minimal border. -- PHOTO: AFP/AUSTRALIAN GOVERNMENT
A box of cigarettes with generic packaging and a health warning of the same size as at present is seen in this composite image showing the front (left) and back of the box in an handout image released in this April 28, 2010 file photo. -- PHOTO: AFP/AUSTRALIAN GOVERNMENT
A combination photo shows illustrations obtained by Reuters of some of the proposed models of cigarettes packs in this April 7, 2011 file photo. -- PHOTO: REUTERS
SYDNEY (AFP) - Global tobacco giants lost a court challenge to Australia's plain packaging laws for cigarettes on Wednesday in a closely-watched case health advocates said would have a worldwide impact.
The High Court of Australia ruled the measures, forcing cigarettes and tobacco products to be sold in drab, uniform packaging with graphic health warnings from Dec 1 this year, did not breach the country's constitution.
Four cigarette companies led by British American Tobacco (BAT) had challenged the law, claiming it infringed their intellectual property rights by banning brands and trademarks from packets, and was unconstitutional.
But the court dismissed the move by BAT, Japan Tobacco International, Imperial Tobacco and Philip Morris, rejecting the argument that the law represented "an acquisition of (their) property otherwise than on just terms".












