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Faunce, Thomas A. --- "Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor–State Lobbying" [2012] ELECD 814; in Voon, Tania; Mitchell, D. Andrew; Liberman, Jonathan; Ayres, Glyn (eds), "Public Health and Plain Packaging of Cigarettes" (Edward Elgar Publishing, 2012)

Book Title: Public Health and Plain Packaging of Cigarettes

Editor(s): Voon, Tania; Mitchell, D. Andrew; Liberman, Jonathan; Ayres, Glyn

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939425

Section: Chapter 9

Section Title: Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor–State Lobbying

Author(s): Faunce, Thomas A.

Number of pages: 14

Extract:

9. Plain packaging in a broader
regulatory framework: preventing
false claims and investor­state
lobbying
Thomas A. Faunce

I. BACKGROUND: THE AUSTRALIAN PLAIN
PACKAGING LEGISLATION

The Australian plain packaging of cigarettes legislation (Tobacco Plain
Packaging Bill 2011) is part of a raft of measures designed to reduce
smoking in Australia that accord with the World Health Organization
(`WHO') Framework Convention on Tobacco Control1 (`FCTC').
The explanatory memorandum to the legislation explains that, despite
decades of anti-smoking campaigns, tobacco smoking remains one of
the leading causes of preventable death and disease among Australians
(killing over 15 000 every year). The costs of smoking to state and federal
governments (including hospitalisation and medicines) are over AU$30
billion each year.
The value of packaging of tobacco products has increased as traditional
forms of cigarette advertising and promotion have become restricted
in countries such as Australia.2 The packaging of cigarettes promotes
brand appeal, while plain packaging has been proven less appealing
amongst the young. Many smokers are also misled by pack design into
thinking that certain cigarettes are more sophisticated, or may be safer.3


1 2302 UNTS 166 (adopted 21 May 2003, entered into force 27 February

2005).
2 David Hammond et al, `Cigarette Pack Design and Perceptions of Risk

among UK Adults and Youth' (2009) 19 European Journal of Public Health 631.
3 David Hammond and Carla Parkinson, `The Impact of Cigarette Package

Design on Perceptions of Risk' (2009) 31 Journal of Public Health 345; Melanie
Wakefield et al, ` ...