The High Court of Australia and the Marlboro Man: The Battle Over the Plain Packaging of Tobacco Products

Rimmer, Matthew (2014) The High Court of Australia and the Marlboro Man: The Battle Over the Plain Packaging of Tobacco Products. In Voon, Tania, Mitchell, Andrew J., & Liberman, Jonathan (Eds.) Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues. Routledge (Taylor & Francis), United Kingdom, pp. 337-360.

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Abstract

In 2012, the High Court of Australia handed down a landmark decision on the plain packaging of tobacco products. This chapter considers the historic ruling in the case of JT International SA v Commonwealth; British American Tobacco Australasia Ltd v Commonwealth. This chapter explores several themes in the decision. First, it highlights the historical work by the High Court of Australia on the role of health regulation, the use of health warnings, and tobacco control. Second, the chapter considers the High Court of Australia's view that intellectual property law promotes the public interest.Third, it explores the High Court of Australia’s analysis of the constitutional law on acquisition of property on just terms. Finally, this chapter contends that the High Court of Australia's ruling on plain packaging of tobacco products will spark an 'Olive Revolution' — and will encourage superior courts and policy-makers to follow suit.

Impact and interest:

1 citations in Scopus
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ID Code: 85326
Item Type: Book Chapter
Keywords: Tobacco Control, Constitutional Law, Trade Mark Law, Graphic Health Warnings, Plain Packaging, Comparative Law, Health Law, Intellectual Property Law
ISBN: 9780415722346
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 24 Jul 2015 03:00
Last Modified: 31 Oct 2015 16:17

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