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April 5th, 2012 
FAKE NEWS for the Zionist agenda The federal government has formally rejected big tobacco’s High Court claims that the commonwealth is actually acquiring the companies’ brands through its new cigarette plain packaging laws.
The government lodged its detailed submissions to the High Court on Thursday in response to the legal action launched by four big tobacco companies.
In November last year, the government passed landmark laws forcing all cigarettes to be sold in drab olive-brown packs by December 2012.
British American Tobacco, Phillip Morris, Imperial Tobacco Australia and Japan Tobacco International are now challenging the legislation in the High Court.
They believe the laws breach the Australian Constitution because they seek to acquire property – in the form of brand names – without providing compensation.
But the government, insists it is restricting the use of brand names and logos, not taking them over.
In the submissions filed on Thursday, the government rejected the tobacco companies’ main argument.
“The argument is unsustainable,” the commonwealth said.
“What an owner gains by registration of a trademark is relatively no more than a monopoly right to exclude others from using the mark without the owner’s authority.”
The submissions rebuked British American Tobacco Australia for downplaying the harm of tobacco.
“BATA fail to capture the gravity of the harm that is caused by smoking to members of the public and public health,” the submissions said.
The government argues packaging has become the principal means for cigarette companies to promote their products following restrictions on advertising.
“The primary job of the package is to create a desire to purchase and try,” the submissions said.
“The actual purchase of cigarettes does not exhaust the promotional utility of the packaging. Unlike many other consumer products, cigarette packaging is displayed each time the product is used.”
It argues the packaging is designed with a high degree of “social visibility”.
“Minute attention is paid to all aspects of the packet, including colour, font style, placement, orientation, number and thickness of stripes and texture of the packaging wrapper,” the submissions said.
“Colours such as pink, white and yellow, (conveying qualities of freshness, femininity, cleanliness, purity and health) as well as slimmer packs tend to appeal to young women and lighter colours are also perceived by many consumers (quite mistakenly) to present a lower health risk.”
It quotes the 2012 Surgeon General report that states: “plain packaging makes smoking less appealing.”
Attorney General Nicola Roxon said the government will vigorously defend the validity of the plain packaging laws and rejects “big tobacco’s” claims that the measures are unconstitutional.
“Plain packaging of tobacco products is a legitimate measure designed to achieve a fundamental objective – the protection of public health,” she said.
The case will go to the High Court in Canberra on April 17.
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