The plain truth: Australia s world first plain packaging legislation

Transcription

1 The plain truth: Australia s world first plain packaging legislation Kylie Lindorff and Ron Borland APACT, Chiba, Japan, August 2013

2 Presentation outline Context for plain packaging Key features of the legislation Legal challenges What effects is it having?

3 World Health Organisation 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.

4 Plain packaging announced: 29 April 2010 In response to recommendations from the Preventative Health Taskforce, Commonwealth Government stated it would: i. legislate to mandate plain packaging ii. conduct research to determine the optimal pack design Rudd K, Swan W and Roxon N. Prime Minister, Treasurer, Minister for Health. Anti-Smoking Action. [Media release]. Canberra: Office of the Prime Minister, 29 April 2010 [viewed 3 September 2010]. Available from: * The implementation date was later amended to 1 December 2012

5 Objectives of plain packaging (a) reduce the appeal of tobacco products to consumers

6 Objectives of plain packaging (b) increase the effectiveness of health warnings on the retail packaging of tobacco products

7 Objectives of plain packaging (c) reduce the ability of the retail packaging of tobacco products to mislead consumers about the harmful effects of smoking or using tobacco products.

8 Government research on pack design The Australian Government undertook a series of 7 studies between December 2010 and March 2011 (reports at URL below) The overall aim was to assess the optimal combination of plain packaging design elements: colours for plain packaging; font style and font size for brand name; and graphic health warning design (size and layout) The research sought to identify one plain packaging design (colour, font type, font size) that would minimise appeal and attractiveness of the pack, whilst maximising perceived harm and the noticeability of the graphic health warnings.

9 Key Features Tobacco Plain Packaging Act 2011 and Tobacco Plain Packaging Regulations 2011

10 Key features what packaging? The legislation will affect any box, bag or other container that a tobacco product is packed in at the point of retail sale, including cartons available for retail sale. It will not affect larger wholesale cartons or shipping containers

11 Key features cigarette packs The packs will be a particular shade of drab dark brown in matt finish (Note: NOT olive green!) The packs will not have any tobacco industry logos, colours, brand imagery or promotional text other than brand and variant names. Brand names will appear on the top, bottom and front of the pack in a standard colour, position, font style and size.

12 Key features cigarette packs Packs will be required to be a standard rectangular shape with a standard flip-top opening. The dimensions of packs will be limited with a maximum and minimum size stipulated Packs must be made of cardboard and be rigid (no soft packs)

13 Key features cigarette packs Packs may carry an origin mark (to assist with identification of illicit tobacco products) in the form of: an alphanumeric code; or a covert mark that is not visible to the naked eye Alphanumeric code must not: Obscure any relevant legislative requirements (eg. GHWs) Constitute tobacco advertising or promotion Provide access to tobacco advertising or promotion

14 Key features updated graphic health warnings Graphic health warnings will be expanded to cover 75% of the front of the pack, up from the current 30% All packs must carry the new GHWs from 1 December 2012 GHWs will be implemented through the Australian Consumer Law. Examples of new GHWs: Front of pack (75%) Back of pack (90%)

15 Key features cigarette sticks Cigarette sticks will be limited to either plain white, or plain white with an imitation cork filter tip No branding, other colours or design features will be permitted An alphanumeric code will be permitted in a standard position, font size and colour and must not constitute advertising or promotion

16 Proposed key features: non-cigarette tobacco products* * Please note this section of the presentation will be updated when the Tobacco Plain Packaging Regulations 2011 are finalised as expected in February 2012.

17 Penalties Penalties apply for the manufacture, sale/supply and purchase of non-compliant retail packaging of tobacco products and/or non-compliant tobacco products The legislation does not apply to individuals who purchase tobacco products for their personal use, whether or not the products comply with plain packaging requirements.

18 Implementation dates 1 January 2012 legislation and regulations will be in place 1 October 2012 all packs manufactured must comply with plain packaging requirements 1 December 2012 all packs for sale must comply with plain packaging requirements

19 Legal challenges Constitutional validity of legislation: High Court of Australia Objections dismissed Trade treaties Bilateral with Hong Kong WTO: Various parties Continuing

20 Early evidence of effects No problems with implementation Wakefield et al (2013) BMJ Open During phase in of packs Plain pack users more supportive of plain packs, saw their cigarettes as lower in quality, and were more interested in quitting. Appeal effect disappeared as more packs were plain Modest positive effects Thrasher et al (3013) SRNT Pre-post design

21 From Thrasher et al, SRNT 2013 Behavioral responses to HWLs b,c b a b Talk (a=0.83): In the last month, How often did you talk to others about HWLs? In the last month, How often did family speak with you about HWLs? In the last month, How often did other people besides your family speak with you about HWLs? Response options: not at all; once; a few times; often; very often a. p<0.001, W1-Canada vs. W1-Australia; b. p<0.01, W1-Australia vs. W2-Australia; c. p<0.01, W2-Australia vs. W1 Canada

22 Conclusions: Thrasher et al, 2013 New larger graphic HWLs & plain packaging have increased HWL impact in Australia Greater social network buzz around HWLs in Australia than in Canada Impact of plain packaging on brand appeal and sensory experiences not clear Comparison of Australia with US and Canada suggests that pictorial HWLs influence brand perceptions

23 Possible future effects Reduced pressure on young people to try and use tobacco, thus reduced uptake Stimulus to quit Most likely effects in low-addicted smokers May help prevent relapse as pack connotes the reasons for stopping Removes extrinsic value from cigarettes, may over time lead to reduced price differentials between brands

24 Conclusions Plain packaging can be successfully implemented It does not appear to cause problems for retailers The early evaluation findings a re positive, but suggestive of only small overall effects Hard to separate out the effects of the larger warnings from the drab colour of the rest of the pack Several years before a considered evaluation of overall benefits will be possible

25 This is the difference it makes

26 A WORLD FIRST!