New Zealand: Politicians Keep An Eye on Australian Tobacco Lawsuits

Source from:  Newstalk ZB 12/18/2013

The Government will keep an eye on legal action in Australia before finalising its legislation introducing plain packaging for tobacco products.

Legislation enabling the change is to go before parliament next year.

However tobacco company Philip Morris has taken legal action against the Australian Government for similar steps and has even taken the issue to a United Nations' Commission on trade law.

Prime Minister John Key says it's prudent to wait until a ruling is seen on the Australian issue.

"If there's a successful legal challenge in Australia that would at least guide us in terms of how legislation might be drafted in New Zealand. So we're not going to rush that through."

Meanwhile, Associate Health Minister Tariana Turia is warning cigarette companies she's not for turning over proposed new smoking regulations.

Tobacco companies have maintained a social media presence against plain packaging, even when the proposed reforms have been out of the news.

Ms Turia believes it's because they're desperate and want to protect their profits.

"It won't matter to me what the tobacco companies do or say, this is a matter that's really important for the public health of all New Zealanders so we will continue on the journey that we're on."

The Government is adamant a pending free trade deal won't allow the tobacco companies to have a legal entry.

Investor state dispute provisions are being negotiated as part of the Trans Pacific Partnership FTA.

Opponents of the deal claim it'll allow cigarette companies to sue the Government if its plain packaging rules hurt their incomes and intellectual property.

But the Prime Minister doesn't think that will happen.

"In our view no there's nothing that we've seen in TPP that would stop us achieving plain packaging."

Ms Turia agrees

"I'll be absolutely gob-smacked if it is, given that we've written into our trade agreements public health policy."

Tobacco companies say it won't work

Imperial Tobacco says the plain packaging bill that's going to be introduced to parliament next year won't have an impact on smoking in New Zealand.

Associate Minister of Health Tariana Turia says legislation introducing plain packaging rules for cigarette packets will go before Parliament early next year.

Imperial market manager Brendan Walker says tobacco sales in Australia have been unaffected since plain packaging was introduced.

He says at the same time, levels of illicit trade have increased and there has been a negative impact retailers. Enditem