Geneva, 14 December 2011 – In order to protect its ability to use its brands and key trade marks on the packaging of tobacco products sold in Australia, Japan Tobacco International (JTI) has initiated a legal challenge against the Commonwealth of Australia today.
“We had hoped that common sense would prevail but it clearly has not,” said Stefan Fitz, JTI’s Regional President for Asia Pacific. “This legislation will stop JTI from using its brands, which are its most valuable property, and is unconstitutional. For this reason, we have commenced a legal challenge to this legislation in Australia’s highest court” he explained.
Japan Tobacco International is keen to defend its business against plain packaging - as a matter of principle - while supporting less restrictive, more targeted and proportionate ways of achieving legitimate public policy objectives. The provisions of the Act clearly constitute an acquisition of JTI’s property otherwise than on just terms. There is no reliable evidence that demonstrates the effectiveness of such legislation while serious legal and commercial concerns have consistently been ignored. [...]