Plain Packaging

Unbranded tobacco packages

The plot against plain packaging : how multinational tobacco companies colluded to use trade arguments they knew were phoney to oppose plain packaging and how health ministers in Canada and Australia fell for their chicanery

Synopsis - Prologue: tobacco in the winter of 1994 - A new idea for health protection - A new strategy for tobacco companies - On the front line in Canada - Epilogue - References.

Health and the environment

This chapter addresses the 1994 proposal by the Parliament of Canada that called for the "plain packaging" of cigarettes. Representatives of major American tobacco companies threatened to sue the Canadian government for millions of dollars under NAFTA's investment chapter, if the government proceeded with its plain packaging initiatives. Legal opinions from Carla Hills on behalf of the tobacco companies and Jean-Gabriel Castel on behalf of the government, are discussed.

Canadian survey data

Purpose of paper - Overview of surveys used - Legislative directions, health policy objectives and supporting data: Ban on advertising - Restrictions on promotion - Restrictions on sponsorship - Restrictions on access - Restrictions at point of sale - Packaging and labelling requirements - Product regulation - Reporting requirements

Two experiments assessing the visual and semantic images associated with current and plain (generic) cigarette packaging

Examined the possible promotional effects of current (image-oriented) vs. plain white (generic) cigarette packaging on Canadian youth. Researchers concluded that, it could be useful to remove brand markings (except the name) to reduce the desirable brand images conveyed by cigarette packages.

Speaking notes for the Honourable Diane Marleau, minister of health, for the release of the expert panel report on generic packaging of tobacco products, Ottawa, May 19, 1995

Announced the release of the plain packaging report of the expert panel. Commented on the need to review the findings before proceeding to the next step, and the need to take into account the tobacco manufacturer's challenge to the constitutionality of the Tobacco Products Control Act. Conclusions included the suggestion that "plain and generic packaging would have a noticeable impact by limiting the capacity of consumers to associate specific and positive images with specific brands."

When packages can't speak : possible impacts of plain and generic packaging of tobacco products : expert panel report

Mandate of the expert panel was to examine current, plain and generic packaging and its role in marketing, consumer choice, and the uptake and cessation of smoking. Findings suggest that plain packaging would likely depress the incidence of smoking uptake by non-smoking teens, and increase the incidence of cessation by smoking teens and adults.

The case for plain packaging

Plain packaging requires removing all appealing aspects of cigarette packages, to be replaced with a standard colour, size, brand name, materials, and opening method. This article responds to arguments made against plain packaging by the tobacco industry, how plain packaging would be helpful to tobacco control, and including reasons why this would decrease cigarette consumption.

NAFTA gives tobacco companies power to block plain packaging

In 1994, R.J. Reynolds and Philip Morris retained both Carla Hills and Julius Katz, US negotiators of NAFTA, to present arguments in person to the Standing Committee on Health, that plain packaging would infringe a trademark provision of the North American Free Trade Agreement (NAFTA). The Canadian government would be obliged to pay compensation for expropriating tobacco-company trademarks.

La banalisation des produits du tabac mémoire au Comité des communes sur la santé : mémoire au Comité des communes sur la santé

(Available in French only.) In this submission to the House of Commons Standing Committee on Health, the Canadian Tobacco Manufacturers' Council warns of the dire economic impact of generic packaging of tobacco products on the tobacco industry, its corporate strategies and competitive actions. The industry employs about 40,000 persons - tobacco growers, tobacco marketers, cigarette and other tobacco-product manufacturers, wholesalers and distributors, and importers.

[Letter] 1994 May 4, Ottawa [to] Robert Parker, Ottawa

(Available in French only.) In this letter to Robert Parker, president of the Canadian Tobacco Manufacturers' Council, barrister Peter Clark provides a legal opinion stating that plain packaging would violate international agreements and would infringe a trademark provision of the North American Free Trade Agreement (NAFTA) and of the General Agreement on Tariffs and Trade (GATT). The Canadian government would be obliged to pay compensation for expropriating tobacco-company trademarks.

Submission to the Standing Committee on Health on plain packaging for tobacco products

This document by the Canadian Bar Association focuses on the technical trademark elements of plain packaging. Plain packaging with relation to the North American Free Trade Agreement (NAFTA), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Canadian Charter of Rights and Freedoms is discussed.

Mémoire de M. Robert Neil Morrison : objet : aspects économiques et concurrentiels de la banalisation de l'emballage : mémoire

(Available in French only.) This industry-sponsored report to the House of Commons Standing Committee on health on plain packaging, warns of the dire economic impact of generic packaging of tobacco products on the tobacco industry, its corporate strategies and competitive actions. Plain packaging would also have corollary effects on other sectors dependent upon tobacco-related business.

Address to shareholders by Purdy Crawford, chairman and chief executive officer, Imasco annual meeting, Montréal, Québec, April 28, 1994

This speech by Purdy Crawford to shareholders at the Imasco annual meeting covers topics such as federal and provincial tax roll-backs, removal of tobacco products from drug stores in Ontario, proposals for plain packaging, and financial results for the first quarter of 1994.

[Letter] 1994 April 25, Montreal [to] Roger S. Ackman, Montreal

(Available in French only.) In this letter to Imperial Tobacco vice-president , Roger Ackman, Simon Potter, barrister at the Montreal firm of Ogilvy Renault, provides a legal opinion stating that plain packaging would violate international agreements and would infringe a trademark provision of the North American Free Trade Agreement (NAFTA) and of the General Agreement on Tariffs and Trade (GATT). The Canadian government would be obliged to pay compensation for expropriating tobacco-company trademarks.

L'impact des paquets génériques sur la publicité des produits du tabac : document présenté au Comité permanent sur la santé par le Conseil québécois sur le tabac et la santé, avril 1994

(Available in French only.) Submission by the Conseil québécois sur le tabac et la santé underlines the importance of enacting legislation for plain packaging on tobacco products.

Plain packaging of tobacco products : information package

This package, which was compiled by the Canadian Council on Smoking and Health and the National Clearinghouse on Tobacco and Health, contains documents that are organized into four sections: 1) General and background information; 2) Tobacco industry documents; 3) Research on youth; and 4) Public support.

Minutes of proceedings and evidence of the Standing Committee on Health = Procès-verbaux et témoignages du Comité permanent de la santé

Includes issue 1 (February 10, 1994) to issue 10 (May 12, 1994) of the 1st session of the 35th Parliament, 1994. Minutes comprise the proceedings from the study of plain packaging of tobacco products held by the House of Commons Standing Committee on Health, Roger Simon, chair.

Impact of plain packaging of tobacco on youth perceptions and behaviour : report of study 1

Commissioned by the Canadian Cancer Society, this is the first of three studies examining the likely impact of plain packaging of cigarettes on tobacco consumption. This study involved literature reviews, and interviews with youth and experts in marketing and tobacco use reduction.

[Plain cigarette packaging]

Includes: Press release, January 6, 1993 - Plain cigarette packaging: a turn-off for teens ; Highlights - study of the effect of plain cigarette packaging among youth; Fact sheet - Report of a study on the influence of plain packaging on teen smoking.

Generic or "plain pack" tobacco packages : moving toward real bans on tobacco advertising : an address to the 8th World Conference on Tobacco or Health, Buenos Aires, April 1992

Presented a health strategy aimed at limiting tobacco use with three key components: restricting the ability of children to access tobacco products, developing a system of “informed consent” between buyer and seller, and protection of innocent parties from injury caused by tobacco products. The use of generic or plain packaging would create further potential for limiting the sway of the tobacco industry. It is suggested that future government legislation should reflect this strategy.