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Big Tobacco’s packaging fight goes up in smoke

Daniel Piotrowski

by Daniel Piotrowski

29 Nov 11:55am

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Filed under: Plain Packaging, Smoke, Smoking, Tobacco

54 comments

We’re nearly at the day where we (officially) won’t be able to tell the difference between packets of Winnie Blues, Marlboros and Long Beaches. From Saturday, durrie packets have to be coloured a particularly foul brown.

“Look you stupid bastard, you’ve got no arms”

But what’s stunning is how little fight the tobacco industry has put up against the packaging laws.

The industry’s attempts to stop plain packaging gained no traction right from the very beginning, when a group posing as a representative for convenience stores popped up, stressing the economic impact of plain packaging on your local servos and 7-Elevens.

An association called the “Alliance of Australian Retailers” appeared out of no where, with a glossy website, a surprisingly large advertising budget and not a contact number or person with a surname in sight. They sent out media releases to journalists and purchased newspaper and radio advertisements.

Most people would think that the retail alliance was a real thing, particularly since Australia is already blessed with a confusing constellation of associations that dabble in the retail trade - the National Retail Association, Australian Retailers Association and the Australian National Retail Association.

But what is different about this association was that they had at the bottom of their website (which is filled with sob stories about how convenience store operators who don’t seem to have last names will struggle under plain packaging) a disclosure that it had been “supported” by the following organisations:

We are supported by: British American Tobacco Australia Limited (ACN 000 151 100); Philip Morris Limited (ACN 004 694 428); and Imperial Tobacco Australia Limited (ACN 088 148 681).

The same organisation pointed to research from Deloitte, that they themselves had commissioned, detailing the hideous effects plain packaging would have on convenience store operators. Big problems like how it would take a bit longer for servos to stack cigarettes in their places.

An unconvincing effort - and this was essentially tobacco companies’ main push against plain packaging.  Mysteriously, not a peep has been heard from the group since July 2011, when plain packaging was introduced into Parliament.

You’d think a retailers group would have had something more to say given the state of the bricks-and-mortar shopping lately. Reeks of a failed front group.

And the scale of how much the tobacco companies have lost has become obvious in recent weeks, as Health Minister Tanya Plibersek has repeatedly and dramatically bashed the companies for trying to use ‘underhanded’ techniques to sell their wares.

The public, even the smokers of Australia, just didn’t get fired up enough about the issue to stop the legislation. It doesn’t seem like such a big deal, perhaps because many of us aren’t sure plain packaging will make that much of a difference.

The only hope for the tobacco companies are appeals being made to the WTO (World Trade Organisation), as well as under a trade treaty Australia has signed with Hong Kong, over how their trademarks have been violated.

You can imagine they might do better fighting over technicalities with gigantic and complex government organisations most Australians have never heard of.

But at the moment, Big Tobacco in Australia is no longer looking so big. It’s on the floor, whimpering, hoping a future government won’t one day deliver the killer blow of stubbing out cigarettes forever.

Most commented

54 comments

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    • Alan says:

      11:19am | 29/11/12

      Tanya Plibersecks comments this morning show just how silly the argument has got. Seiously Tanya take off the foil hat there’s no conspiracy here.

      Reply

    • Austin 3:16 says:

      12:38pm | 29/11/12

      Yeah everybody knows that there is no more upright and honest corportate citizen than big tobacco. There’s no way they’d try anythng under handed.

    • pa_kelvin says:

      11:19am | 29/11/12

      “Stubbing out cigarettes forever”... Never happen, the Government makes to much money from them… Plain packaging is as far as they will go.

      Reply

    • subotic says:

      12:37pm | 29/11/12

      Beelzebot, The Robot Devil: We know all your sins, Bender! And for each one we’ve prepared an agonizing and ironic punishment!

      [turns his head]

      Beelzebot, The Robot Devil: Gentlemen…

      [“Robot Hell Song” begins playing]

      Bender: Ah, crap! Singing! Mind if I smoke?

      Beelzebot, The Robot Devil: [singing] Cigars are evil, you won’t miss’ em! / We’ll find ways to simulate that smell! / What a sorry fella, / Rolled up and smoked like a donnetella, / Here on Level One of Robot Hell.

    • TRBNGR says:

      01:23pm | 29/11/12

      That’s Panatela not donnetella.

      One is a type of big fat cigar, the other a walking pair of big fat lips.

    • subotic says:

      11:20am | 29/11/12

      Thank you “O-Powers-That-Be” for saving us from ourselves again!

      And Again. And Again. And Again!

      When will we ever be allowed to grow up? Make our own choices? Do what WE want to do? Instead of being told what to eat, what to drink, what to think, how we should live our own stinking lives?

      A pox on your children’s children to the 100th generation.

      I’m going out for a cigarette right now.

      And I don’t even smoke…..

      Reply

    • Modern Nanny says:

      11:51am | 29/11/12

      Silence, citizen. It’s for your own good whether you like it or not.

    • St. Michael says:

      11:55am | 29/11/12

      This debate relying on personal freedoms as a justification is an interesting juxtaposition to being compelled to vaccinate your children.  Particularly given the hypothesis that passive smoking can also cause lung cancer.

      Just sayin’.

    • subotic says:

      12:42pm | 29/11/12

      Ummmm. Gee. Yes. Thanks Nan.

      @Mickaroonie, as the ever vigilant “Team America - World Police” once said - Freedom isn’t free.

    • Pedro says:

      12:43pm | 29/11/12

      Yeah - stop making laws about things which serve no good purpose. Let the kiddie fiddlers run free.
      (though I do think the red light /speed camera thing could do with a look at)
      yours in hopeless confusion

    • Ando says:

      01:05pm | 29/11/12

      Pedro,
      Smokers are only hurting themselves and paying for the drain on the heatlh system through extrs taxes. Your examples are for the good of others. Seat belts are a better example.I think an adult who doesnt strap in their kids should be fined but an adult should not be fined for not wearing one. Why should I be fined for forgeting to wear my seat belt once.I’m only hurting myself.

    • subotic says:

      01:08pm | 29/11/12

      I didn’t vote for Pedro.

    • SM says:

      01:18pm | 29/11/12

      @Ando
      “Why should I be fined for forgeting to wear my seat belt once.I’m only hurting myself”

      But you’re not only hurting yourself.  Consider the taxpayers who have to pick up your hospital/sickness benefit/permanent disability pension/carers bills

    • Austin 3:16 says:

      01:35pm | 29/11/12

      —Smokers are only hurting themselves —
      Right - tell that to the families that have lost somebody from smoking.

      —Why should I be fined for forgeting to wear my seat belt once.I’m only hurting myself—

      Sure and who provides the ambos and medical staff if you hurt your self? Who provides the hospital if you need a stay in one etc.

      And say if you end up with an otherwise preventable brain injury that permanently disables you then who ends up trying to pick up the pieces.

      Who provides the disability support pension if you are injured so you can’t work and have no other means ?

      It’s the sate that generally gets to clean up after the people who “only hurt themselves” so why shouldn’t the state have a say in trying something preventative ?

    • Modern Primitive says:

      02:03pm | 29/11/12

      Do you think we should ban sport in case of injuries, Austin?

    • Ando says:

      02:29pm | 29/11/12

      Austin,
      I was replying to Pedro, I just thought seatbelts was a better comparison than Pedros kiddy fiddlers argument.
      You make fair points,the seat belt example may be a bit extreme but your arguments can be made against many activities .Many far higher in risk. I am just concerned governments may over reach in situations were laws effect everyone but achieve little.Most people would wear selt belts anyway through education so the actual difference it makes needs to be the focus rather than just doing something.Just like legalizing pot. There would be negatives but the only question should be if the number of users would change enough to ignore the massive savings.
      I didnt comment on the plain packaging.I’m a non smoker but the smokers at work are already talking about giving up as the new packaging is pretty horrific .

    • Mouse says:

      03:03pm | 29/11/12

      Honestly, how many smokers sit there and look at their smoke packet? They may at the moment, it’s all new, but give them a couple of months and I would bet that if you asked them what pic they have on their current pack, they wouldn’t know!!
      All a big hoo-har about nothing!  lol :o)

    • subotic tells it straight says:

      03:13pm | 29/11/12

      the smokers at work are already talking about giving up as the new packaging is pretty horrific

      What a bunch of pansies.

      Attitudes like that make me wanna take up smoking….

    • Markus says:

      03:34pm | 29/11/12

      @SM, more than covered. The total cost of smokers to the medical system, both hospital and carers, is about $500 million a year, 1/12th of tobacco tax revenue each year.
      The biggest cost to the health system is the last 2 years of life for those who die of old age, something smokers never get near due to their lower life expectancy.

      Smokers are picking up the cost for the rest of us. At least have the decency to say thank you.

    • Markus says:

      03:37pm | 29/11/12

      Sincere apologies SM, I was reading yours and Ando’s posts simultaneously and thought you had replied to the “smokers only hurt themselves” part not the seatbelts only hurt themselves bit.

    • Austin 3:16 says:

      04:02pm | 29/11/12

      Modern Primitive.

      Sport also has benefits increased cardiovascular capacity, lower leves of obestity, lower levels of stress etc.  And even the hardest of league tackles wouldn’t compare to the impact involved in a motor vechile accide.

    • Austin 3:16 says:

      04:06pm | 29/11/12

      Hey Ando,

      I guess it’s a case of how do you manage the risk. The “nanny” state is the one who generally gets the liability when the risk doesn’t work our so surely they should get a say in how the risk gets managed.

      I dunno about the “most people” argument - most people don’t drink drive, yet we have laws against it.

    • Economist says:

      11:34am | 29/11/12

      Well I think their markets are still expanding in Asia and Africa. The Bryan photos on packets are pretty hard to take. Smokers didn’t make a big deal because we’re an easy going bunch.

      Looking forward to the shrills wishing every smokers death.

      Reply

    • Chris L says:

      11:39am | 29/11/12

      Doesn’t bother me at all. I actually don’t mind the dark green colour and sometimes I get a picture that looks like a zombie.

      The product inside is the same.

      I don’t see that the plain packaging will do any harm or good.

      Reply

    • Mouse says:

      11:59am | 29/11/12

      ChrisL, zombies! LOL (I agree that the eye one looks pretty zombie like though)  Only you could have come up with the zombie analogy… you haven’t disappointed me then! LOL :oD
      I don’t think smokers care what packaging or colour their smokes come in. It’s a pretty silly thing really. Now, if it wouldn’t light… there’s a whole new argument!!  hehehehe ;o)

    • Anubis says:

      12:33pm | 29/11/12

      Staying on the Zombie theme even the colour used for the packets could be equated to the skin tones of a well aged zombie. There’s a marketing idea - zombie slipcover cases for smokes packets - bring the theme to its natural peak

    • Chris L says:

      12:48pm | 29/11/12

      Don’t give them ideas Mouse! Next we’ll have packets with little water pouches that burst when the packet is opened.

    • Mouse says:

      02:57pm | 29/11/12

      I’ve gone out and bought a couple of smoke-packet-olive green t-shirts and am going to get “Open here—————— Now Light me up and smoke me” printed on them, maybe with the eyeball above the “i” perhaps! 
      I do like the zombie slipcover cases idea Anubis. Let me know when you make them, you have my order for one!
      ChrisL, talk about me giving ideas!!  As long as they burst straight out, a good thing on hot days like this!!  Ahhh!  That was refreshing!!  :o/ *giggle*

    • Modern Primitive says:

      11:40am | 29/11/12

      When are fast food retailers and alcohol brewers going to be forced to adopt the same measures?

      What’s good for the goose…

      Reply

    • Bear says:

      01:43pm | 29/11/12

      The day I move to Germany.

    • Mahhrat says:

      11:40am | 29/11/12

      You’d never survive a ban on smoking; it would simply drive it underground.

      The regulation (and, importantly, taxation) of vice is a well-established and thoroughly successful philosophy. 

      Like the GST, I prefer it over other forms of tax because it’s (theoretically, anyway) a “user-pays” system.  That government often doesn’t use it that way with other products is the shocker.

      I just hope this is the start of tighter control over how big businesses interrupt our lives with advertising in general.

      Reply

    • Other side says:

      06:29pm | 29/11/12

      Vice isn’t a problem - the *attempted enforcement* of vice is the problem.

      If I couldn’t walk to my local anything and buy smokes - I probably wouldn’t. If I had to go to a coded place and say a password or get my tobacco from a dealer.. I’d probably drop tobacco like I dropped weed once I left the uni dorm envirnoment where it grew in our cupboards.

    • AFR says:

      11:41am | 29/11/12

      I have been an on-and off occasional smoker for years (probably buy a packet every month or so). But seeing the image of the dude dying of lung cancer at only 34 (i’m 35), has put me off for good.

      Can only speak for myself of course, and I’m not as addicted as someone who does a pack a day, but hopefully some people will quit or never take smoking up as a result.

      As fo the tobacco companies - the ones who make billions and knowingly lied and mislead the public all those years ago, no sympathy.

      Reply

    • Anubis says:

      12:35pm | 29/11/12

      “the ones who make billions and knowingly lied and mislead the public all those years”  although you are describing the doom merchant smoke makers that description could well be applied to Labor governments (state or federal)

    • PW says:

      04:50pm | 29/11/12

      Anubis- why only Labor Governments?

    • Chris says:

      11:43am | 29/11/12

      Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences. - CS Lewis

      Reply

    • Shane* says:

      12:05pm | 29/11/12

      ” It doesn’t seem like such a big deal, perhaps because many of us aren’t sure plain packaging will make that much of a difference. “

      Interesting, because that’s precisely what the tobacco companies wanted people to think. And they spent millions to muddy the waters and confuse people on the intention/purpose behind plain packaging.

      Plain packs aren’t designed to make people quit smoking. They’re designed to remove any glamour/brand association for the next generation. Masculine marlboros will be identical to feminine alpines and sophisticated stuyvesants will be identical to bogan winnie blues.

      That’s the point. It’s unlikely to make anyone stop if they’ve already started. It’s designed to take away any glamour or association the POTENTIAL consumer has between a particular brand and the image of themselves they’re trying to project.

      And hell, if it wasn’t going to work would they have taken it to the High Court, or would they be currently looking to challenge it through bilateral trade agreements? No chance. They’re freaking terrified that it will work.

      Still, they can console themselves by simply shifting their attention to developing countries. What an upstanding bunch.

      Reply

    • Thomas C says:

      04:21pm | 29/11/12

      You’re pretty spot on there, Shane. As well as your descriptions of the Brand association. I always felt like the Marlboro Reds were more masculine than Winnie Blues.

      The first time I purchased some Reds with the plain packaging, i was honestly slightly put off, though. Ever since I purchased that packet, I’ve been trying more and more each time to cut right back.

      I think it works to some degree, which has got to be seen as a win for the people who actually care! But I really concur with you when you say that it’s a lot more likely to hinder people from taking smoking up, which is great.

    • Markus says:

      12:07pm | 29/11/12

      Smokers are absolutely in the minority in this country nowadays, hence the complete lack of public response.

      Let’s just see how apathetic the population are if a government ever does go the full hog and bans tobacco sales, and needs to make up that $6 billion a year tax revenue shortfall elsewhere.

      Reply

    • Gordon says:

      01:12pm | 29/11/12

      easy, they shift the tax onto junk food “because taxpayers money will be spent on lifestyle diseases we can tax what you eat.” And or grog of course. “Beer, Cigs up!” becomes “Beer, Chips up!” The printers at the Tele only have to change two bits of type.

      He who pays the piper picks the tune.

    • Mighty Mike says:

      02:07pm | 29/11/12

      Agree Gordon, Once they have finished with the smokers, fast food will be next. With graphic pictures and warning on food packages, they’ll tax it like tobacco. We seem to be making laws for “The stupid people”. But when we as a society accept governments making laws that take away freedom of choice and we agree on the grounds that it is for our own good. Tehn We get what we deserve.

    • SZF says:

      12:40pm | 29/11/12

      As Denis Leary once said (or perhaps it was Bill Hicks…), “You could put cigarettes in a pack with a skull and crossbones on the front, called “Tumours”, and smokers will still be lined up around the block saying “I can’t wait to get my hands on those f*ckin’ things”.”

      I have no problem with plain packaging, just the bullsh*t and dodgy advertising from tobacco companies.

      Reply

    • subotic says:

      01:29pm | 29/11/12

      Captain Zapp Brannigan: Don’t be such a chicken, Kif. Teenagers smoke, and they seem pretty on-the-ball.

    • seniorcynic says:

      12:45pm | 29/11/12

      My understanding is that plain packaging will make cigarettes less appealing to young people and hopefully they will not start smoking. We will have to wait and see if this is the case. Banning tobacco sales will not work as it has not with illicit drugs.

      Reply

    • subotic says:

      01:27pm | 29/11/12

      Fry: I’m so confused. The Bender I liked turned out to be evil, and the Bender I hated was good. How can I live my life if I can’t even tell good from evil?

      Bender: Eh, they’re both fine choices. Whatever floats your boat.

    • Anjuli says:

      01:41pm | 29/11/12

      @ Ando If you are a smoker you don’t only hurt yourself ,the smoke you exhale affect others by making them passive smokers. I have a friend whose husband smoked heavily for years I kept telling him he wasn’t doing his wife any good he scoffed at that. Then his Doctor finally told him to stop for the good of his wife’s health, which he did thankfully.
      As for not wearing a seat belt if you have a crash ,you have police involved go to hospital if you are hurt, rehabilitation if injured really bad . By not doing the right thing both smokers and not wearing seat belts are a drain on the health system.So yes it involves others who are all tax payers.

      Reply

    • Robert S McCormick says:

      01:46pm | 29/11/12

      It will be interesting to read the stats issued by the Australian Bureau of Statistics around the middle of June 2013 by which time poo-coloured packaging will have been in place for, at least 6 months. Actually it will be closer to 9 months ‘cos they’ve been on the shelves since October.
      Then & only then will Tanya plibersek’s claims be anywhere near being proven.
      Judging by the sales in our local supermarket whilst in the queue “Poocol” has had no effect on sales whatsoever.
      The only ways they will be able to stop people smoking will be to make them prohibitivel expensive (Say $50, or more, for 20), Make them available by Prescription Only (naturally not on the PBS) from a GP. Do as they do, or did, in India with regard to the Consumption of Alcohol. They may still do it, but you used to have to Register as an Alcoholic, get a licence and then you could be served grog!!.
      GPs would have to Register you as “A Drug Addict” before getting a licence to use tobacco, (That’s one non-Bulk Billed, NBB,visit) Then you would have to get a Prescription with a maximum of 5 repeats for, say, 50 smokes (That’s another NBB visit) Every time you wanted a new prescription you would have to get another NBB appointment with your GP. Your Annual Drug Addict Registration & Licence Fees could be initially priced at $100 each, Indexed so that they went up every year.
      People would not be allowed to use Credit Cards for any of the above. Strictly Cash Only.
      Then smoking might be well on the way tobeing wiped out.

      Reply

    • Shane* says:

      02:09pm | 29/11/12

      Rob, please read my earlier reply.

      We won’t see any considerable drop in June 2013.

      June 2023 perhaps.

      It’s a long-term initiative designed to stall smoking UPTAKE… it’s not designed to encourage people to quit.

    • Tel says:

      02:51pm | 29/11/12

      Way back when .... I had a job in a general store, weighing potatoes and rice and sugar and other stuff and packing it in brown paper bags. People still bought potatoes, rice, sugar and other stuff.

      Plain packaging will make not a scrap of difference either way. Just refer to the unaltered Treasury estimates re tobacco ‘income’ if you doubt it.

      Reply

    • HC says:

      03:11pm | 29/11/12

      Yeah if the bean counters haven’t revised their tobacco tax income then you know it won’t have an impact on either the uptake or the reduction of cigarette smoking.

      That said, I’ve introduced an even stricter plain packaging law on myself, I use a silver cigarette case that was given to me a few years ago but haven’t had the motivation to use smile

    • chuck says:

      03:08pm | 29/11/12

      Nanny Roxons’ great claim to fame - I changed cigarette packaging when the county is going to pot!

      Reply

    • Hobart her says:

      03:13pm | 29/11/12

      I love people who want smoking banned and who want heroin and marijhuana legalized.
      By the way when i looked up the oldest man on the internet last year he was a smoker. The Japanese were the oldest living people in the 1990’s and they were also the heaviest smokers in the OECD. 67 percent of Greeks smoke and 30 percent of Nordic people smoke and the difference in life expectancy in one year and this is when the EU says that Greeks are the most obese people in the Eu.

      Reply

    • P. Walker says:

      03:41pm | 29/11/12

      Oh no!!  I expect the flea markets will do a roaring trade with the re-introduction of a multitude of cigarette packet “sleeves”.
      All different colours, all with different political slogans like “Stuff Labor”, or “Gillard’s Crows”.
      Pictures of the gorgeous PM in different attack modes, love ‘em already.  Of course they will all be Chinese made.
      Good business for that crowd.
      I gave up 30 years ago, hate the stuff, but what difference will it make. If I was still a smoker it wouldn’t bother me, might bother the Tobacco Industry but not smokers.  Kids are a mostly stupid and will do it to as a big time anti establishment gesture.

      Reply

    • PW says:

      04:55pm | 29/11/12

      “But what’s stunning is how little fight the tobacco industry has put up against the packaging laws.”

      And here I was thinking they fought it tooth and nail all the way to the highest court in the land, as well as some international tribunal.

      Reply
 
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