plain packaging laws
TRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PLAIN PACKAGING LAWS
SUCHITRA BAI
PATENT DEPARTMENT
ALTACIT GLOBAL
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
INTRODUCTION
• Plain packaging is the standardization of packaging, including the removal of all colours, brand imagery, logos and trademarks, with only brand name, product name, manufacturer's name and contact details, quantity of product and government-mandated information or markings allowed, in prescribed font and size, on or inside packaging, and packaging of prescribed shape, size and materials.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TYPES OF TOBACCO
a. Bidi: A bidi is made of rolling a dried, rectangular piece or temburni leaf with 0.15-0.25g of sun-dried, flaked tobacco into a conical shape and securing the roll with a thread.
b. Betel Leaves: are an indispensable part of paan. The betel vine is a creeper and it is often grown next to areca-nut trees which provide support or on wooden scaffoldings.
c. Gutka: A preparation on crushes areca nut, tobacco, catechu, paraffin, lime and sweet or savory flavorings consumed much like chewing tobacco.
d. Hookah: An Indian water pipe.
e. Khaini: A mixture of sun-dried tobacco and slaked lime.
f. Paan: Betel Quid.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
BENEFITS OF PLAIN PACKINGING
i. Reduce false beliefs about the Brand: Generally colours contribute to the perceptions that
particular brands are safer than others. For instance, over 8000 smokers from Australia, Canada, the United Kingdom and the USA found that many believed that "some cigarette brands could be less harmful than others. Smokers of brands with "˜gold', "˜silver', "˜blue' or "˜purple' coloured packaging were more likely to believe that their "˜own brand might be a little less harmful' compared to smokers of "˜red' or "˜black' brands.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
ii. Reduce the brand appeal among youth and young adults:
Plainer packs were thought to be less stylish and sociable, with users of the pack being held in lower regard. The perceptions of young people involving the progressive removal of elements of pack creative design have found that the plainer a pack, the less appealing the pack was.
iii. Increase the effectiveness of health warnings:
Plain packaging is likely to enhance the impact of the graphic health warnings that are currently mandated for
all tobacco product packaging.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
iv. Educate the public about the burden of tobacco consumption:
Education in terms of disease and deaths caused by intake of tobacco and how plain packaging can assist in significantly reducing the burden.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
AUSTRALIA SUCCEEDS IN PLAIN PACKAGING
• Australia became the first country in the world to require tobacco products to be sold in plain packaging. Products manufactured since October 2012, and all on sale since 1 December 2012 must be plain packaged.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
LEGISLATIONS IN AUSTRALIA
• The Tobacco Plain Packaging Act, 2011
• Trade Marks Amendment (Tobacco Plain Packaging) Act, 2011
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TOBACCO PLAIN PACKAGING ACT 2011
• On 15 August 15 2012 the High Court of Australia rejected a challenge to the plain packaging legislation that was lodged by a number of tobacco companies. The companies had argued that the provisions of the Tobacco Plain Packaging Act 2011 were invalid because they were an acquisition of the plaintiffs' property otherwise than on just terms.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OFADVERTISEMENT AND
REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLYAND DISTRIBUTION) ACT, 2003
An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
KEY OBJECTS OF COTPA
• The requirement of legible and conspicuous display of pictorial warnings including pictorial warnings with the text of the warning to be in the same language as that used on the package. (Section 7)
• Direct and Indirect advertisements of tobacco products except at point of sale and on tobacco packages were prohibited. (Section 5)
• Gifts, prizes, scholarships or sponsorships of sports or other cultural events using the trademark were prohibited.
• Clear Indication of tar and nicotine content, as well as the maximum permissible limits as per the Rules prescribed under this Act were required.
• Various prohibitions on the sale of tobacco to and by minors, the prohibition of the sale or tobacco within a 100 yard radius of educational institutions and the prohibition of smoking in public places were instituted.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TRADEMARK IN INDIA AND PLAIN PACKAGING
• India gives the rights to Trademark use as a negative rights - which means that no-one else can use a copyrighted trademark. Section 11 of the Trade Marks Act provides that a Trademark cannot be registered if it violates an existing law and no form of any tobacco product can be given preferential treatment in this process.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
SHIVAJI BIDI
• Brand Shivaji Bidi was registered in 1928, but it was cancelled under section 8 of the Emblems and Names (Prevention of Improper Use) Act 1950.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TRIPS AGREEMENT
• Members may, in formulating or amending their laws and regulations adopt measures necessary to protect public health and nutrition and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this agreement.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THE FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC)
The Framework Convention on Tobacco Control (FCTC) Guidelines for Articles 11 and 13, adopted in November 2008, recommend Parties consider adopting plain packaging.
• Guidelines for implementation of Article 11 (Packaging and labelling of tobacco products)“Parties should consider adopting measures to restrict or prohibit the use of logos, colours, brand images or promotional information on packaging other than brand names and product names displayed in a standard colour and font style (plain packaging).”
• Guidelines for implementation of Article 13 (Tobacco advertising, promotion and sponsorship)
“Parties should consider adopting plain packaging requirements to eliminate the effects of advertising or promotion on packaging.”
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
COUNTRIES ADOPTING THE PLAIN PACKAGING LAW•United Kingdom.
•New Zealand.
•South Africa.
•Philippines.
•Turkey.
•France.
•Canada.
•European Union.
•Norway.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
WHO’S RESPONSE
The World Health Organization applauded Australia’s law on plain packaging noting that “the legislation sets a new global standard for the control of a product that accounts for nearly 6 million deaths each year”. The Cancer Council of Australia hailed the passing of the legislation, stating, “Documents obtained from the tobacco industry show how much the tobacco companies rely on pack design to attract new smokers....You only have to look at how desperate the tobacco companies are to stop plain packaging, for confirmation that pack design is seen as critical to sales.“ The World Health Organization's director for the Western Pacific also congratulated Australia and stated that all countries and areas in the Western Pacific should follow Australia's good example.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONCLUSION
• Plain Packaging requires the manufacturers of tobacco products to substantially tone down misleading branding activity. It helps consumers of such products to focus on the reality of the dangers of the product through the accentuated effects of pictorial warnings. This is particularly relevant for India's largely poor and illiterate tobacco consuming population. Many of India's tobacco consumers are completely unaware of the dangers of tobacco products.
•
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THANK YOU