Australian Cigarette Execs Must Be Fuming - Fordham Intellectual Property, Media & Entertainment Law Journal
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Australian Cigarette Execs Must Be Fuming

Australian Cigarette Execs Must Be Fuming

Australia is the first country to pass laws enforcing the use of plain olive green packaging for cigarettes — a color that research indicates is the least appealing for smokers. Starting in December 2013, the law also proscribes cigarette companies from using their trademark brand logos on packaging, allowing only for the brand name to be displayed in small font. Further, 75% of the front and 90% of the back of the boxes must depict warnings and graphic images of the detrimental health effects of cigarette smoking.

British American Tobacco, a company that dominates 46% of the Australian cigarette market, says it is planning on challenging the legislation on constitutional grounds. According to a spokesman for British American Tobacco Australia, the company is a “legal company with legal products selling to adults who know the risks of smoking. We’re taking this to the high court because we believe the removal of our valuable intellectual property is unconstitutional.”

Well, here’s to hoping that this new marketing technique will actually work to dissuade smokers from picking up a pack. Maybe we’re too cynical, but we can easily imagine rebellious teenagers picking up the army green pack of smokes covered in gruesome images, and trading the different designs with friends like they’re Pokémon cards.

Patricia Chang

Patricia Chang is a third year Fordham Law student and is IPLJ's Technology & Blog Editor. Her interest in law was founded upon Judge Judy and other unrealistic depictions of the legal profession on network television. She fervently believes that her passion for IP, internet, and fashion law justifies the endless hours spent looking at clothes on the internet. When not pondering pressing legal issues, she can often be found designing dresses, building websites, practicing her sick golf swing, and being tormented by her corgi, Beanie.