Tobacco Control Legislation in Australia and India: A Comparison

This presentation compares and contrasts the tobacco control legislation in Australia and India, specifically focusing on packaging and labeling regulations. It discusses the role of legislation in preventing unfair competition, controlling prices, and protecting consumers from harmful products. The presentation also highlights the specific regulations and restrictions in both countries, including plain packaging requirements and restrictions on advertising and sponsorship. It concludes with an examination of the impact of packaging and labeling on consumer behavior and purchase decisions.

S U B M I T T E D B Y:
Consumer Decision Making

Introduction
 In this presentation contrast and comparison is made on tobacco control legislation for
Australia and India in context to packaging and labelling legislations.
Background
Role of legislation is:
 To prevent unfair competition in the market
 To prevent the companies from making unrealistic claims regarding the products
 To control the prices of the product in the market
 To Protect intellectual property
 To prevent companies from bait advertising
 To safeguard the customers from consuming harmful products

Tobacco control legislations in Australia
The advertising, promotion and sponsorship of tobacco in
Australia is administered under Tobacco Advertising
Prohibition Act (TAPA) of 1992 and Tobacco Advertising
Prohibitions Regulations
Ban of smoking is mostly administered by State and
Territory Legislations but few Federal Legislations govern
smoking in specified regions. 1.
Air Navigation legislations prevents smoking in aircrafts,
Interstate Road Transport Regulations prevents smoking in
interstate buses and Airport Regulations regulates smoking
in airports
1. M2 Presswire (2016). On World no Tobacco Day, UN Urges Plain Packaging of Tobacco Products to Save Lives. M2 Presswire.
https://search.proquest.com/docview/1792703389?accountid=30552.

Continued
 Plain packaging is needed for tobacco products for retail selling within Australia as per
Tobacco Plain Packaging Act, Tobacco Plain Packaging regulations 2011 and Trade
Marks Amendment Act 2011.2
 The Competition and Consumer Information Standards 2011 has initiated that health
warning must appear on smoke and smokeless tobacco products.
2. Managing Intellectual Property (2018). What is the Stance on Plain Packaging Across Asia? Managing Intellectual
Property https://search.proquest.com/docview/2114545727?accountid=30552.

Restrictions regarding Tobacco Advertising
Almost each kind of tobacco advertisement and
promotion are forbidden under national and sub-national
legislation
Minimal advertisement at PoS in specific specialists
tobacconists, retailers and hospitality places 3.
Commercial or other sponsorships by tobacco companies
are not forbidden
Publicity and public acknowledgement regarding support
of tobacco industries is prohibited
3. Alpert, H R., Daniel C, and Gregory N. C. (2018). Tobacco Industry Response to a Ban on Lights Descriptors on Cigarette Packaging and Population Outcomes.
Tobacco Control 27, no. 4, 390. doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-053683. https://search.proquest.com/docview/2058919657?accountid=30552.

Restrictions regarding tobacco packaging and labelling
 Distinct forms of tobacco products must have distinct cautions
 Cigarette packages must display 1 of the 14 cautionary notes and interrelated
illustrations that should occupy 75% of frontal face.
 The same cautionary note and interrelated illustrations with interrelated informative
note should cover 90 % of the hind space
 An informative note on one full side

Continued…
A quit line logo and number must be demonstrated on
posterior face
Tobacco products in pouches and cylinders must include
similar cautionary note same as cigarettes but caution
should cover 75% of frontal face and 75% of posterior
face.
Cigars must show one of the five illustrated notes
covering 75% of frontal and 75% of posterior space

Continued…
 Plain packaging of tobacco products for retail selling is compulsory in Australia
 The package should be dark drab brown in colour which should be made of cardboard
and must be rectangular in shape with no trade marks and other marks anywhere on
outer or inner surface of package.
 Other than the health warning, tobacco package must also carry brand, business name,
related legal requisites and other marks or trade mark allowed by norms.

Continued…
Tobacco packages may not have inserts and onserts, make
a noise, or outturn scent and should not carry any
characteristics designed to alter after retail sales.
Misleading packaging and labelling involving terms such
as “light” or “low tar” and alternative signs are forbidden.

Tobacco Free places in Australia
Indoor Workplaces
Indoor public places
Public Transport
Few outdoor spaces through consolidation of federal laws
and state laws

Tobacco control legislations in India
 The Cigarette and other tobacco products (Prohibition of Advertisement and
regulations of Trade and Commerce, Production, Supply and Distribution) Act 2003 or
COTPA is the main comprehensive legislation administering Tobacco Control In India.
 Under Prevention of Food Adulteration Act 1990 legal cautions regarding adverse
health impacts are made mandatory for pan masala and chewing tobacco.
 In 1992, under Drugs and Cosmetics Act 1940, use of tobacco in every form of dental
products were forbidden.

Continued…
The Cable Television Networks Act 2000 forbids
advertisement of tobacco in state-governed electronic
media and publications along with cable televisions
Cigarette and other tobacco products (Prohibition of
Advertisement and regulations of Trade and Commerce,
Production, Supply and Distribution) Act or COTPA was
formed in 2003 which included various provisions

Provisions of COPTA 2003
Constraint of smoking in public spaces.
Constraint of advertisement of tobacco products
Constraint on sale of tobacco products to individuals
below 18 years of age.
Constraint on sale of tobacco products within 100 yards
of all educational bodies.
Mandatory illustration of pictorial health cautions on
packages of tobacco products
Mandatory testing of all tobacco products regarding their
tar and nicotine content.

Initiatives of tobacco control in India
Advocacy for tobacco control
National Tobacco Control Helpline
Regular tobacco managment in medical and dental
education in the country
Alternative livelihood initiatives by Ministry of Labour

Tobacco Advertisement, Promotion and Sponsorship in India
The advertisement of tobacco products through various
kinds of mass media are banned.
There are some regulations regarding tobacco
sponsorships and publicity of such sponsorships

Tobacco Packaging and labelling in India
 Health caution notes on tobacco products are both in the form of pictures and
text.
 The health warnings on the packaging occupy 85% of frontal and posterior
panel of tobacco products package parallel to top edge and are changed every
12 months
 Evasive packaging and labelling which includes terms such as “”light” or “low
tar” or any kind of symbols are banned.

Some Free places In India
Smoking is entirely prohibited in several public spaces
and workplaces such as healthcare, education and
government facilities and on public transport
Permits setting up of smoking places in airports and in
hotels which has over 30 rooms.
Outdoor places such as railway stations, bus stop, open
auditoriums and stadiums are smoke free.

Features affecting purchase of product
Brand
Packaging design
Price
Quality
Marketing and advertising

Packaging
Packaging is described as science, art and technology of
confiding or safeguarding products for the purpose of
sale, storage, distribution and usage.
Packaging helps in containing, preserving, protecting,
transporting, informing and selling of products. 4
The packaging design of a product plays an important part
in influencing customer purchase decision
4. GlobalData plc, (2016) Flexible Packaging Holdings Limited : Paper and Packaging - Company Profile, SWOT & Financial Analysis. GlobalData
plc. https://search.proquest.com/docview/1829841050?accountid=30552.

Functions of packaging
To protect a product from damage and to prevent the
product from contamination by micro-organisms.
To keep the product together and contain it so that it does
not spill over
To provide identity to a product
To offer protection to a product during transportation and
to ensure ease of transport 5.
For stacking and storage of the products
For providing information about a product to the
customers
5. Brown, J, Teresa D, Kevin W, Robert S, Michael C, Deirdre L K, and Joanna E. C. (2017). Tobacco Industry Response to Menthol
Cigarette Bans in Alberta and Nova Scotia, Canada. Tobacco Control 26, doi:http://dx.doi.org/10.1136/tobaccocontrol-2016-053099.
https://search.proquest.com/docview/2116441616?accountid=30552.

Types of packaging
Transport packing- The product entering the market needs
to well packed enough in order to protect the product
from any kind of loss or damage during transportation,
handling and storage
Customer packing- This type of packaging helps in
holding the required quantity or volume of the product for
ultimate consumption by the customers

Types of packaging materials commonly used
Plastic
Metal
Brick carton
Cardboard
Paper

Features of packaging that influences buying behaviour
Packaging colour
Printed Information
Packaging quality 6.
Package design
Languages used on the package
Packaging material
6. Casseus, M., J. Garmon, M. H, and C. D. D. (2016). Cigarette Smokers' Classification of Tobacco Products. Tobacco Control 25, no. 6 628.
doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-052535. https://search.proquest.com/docview/1834898701?accountid=30552.

Packaging parameters attracting customers
Package having attractive background
Innovation level demonstrated in packaging
Use of creative font style in packaging
Wrapper design used in packaging
Beautiful backgrounds used in packaging 7.
Alternative uses of the package after consuming the
product
7. Crosbie, Eric and Stanton A. G. (2014). Tobacco Industry Argues Domestic Trademark Laws and International Treaties Preclude Cigarette
Health Warning Labels, Despite Consistent Legal Advice that the Argument is Invalid. Tobacco Control 23, no. 3
doi:http://dx.doi.org/10.1136/tobaccocontrol-2012-050569. https://search.proquest.com/docview/1781955850?accountid=30552.

Impact of packaging on customers
It helps in developing a brand image regarding the
product and the company in the minds of the customers
which influences the purchase decision of the customers.8
It helps in attracting the customers towards the product.
It helps in creating a satisfaction among the customers
regarding the quality of the product.
It inspires the customers to invest in the product.
8. Dewhirst, T. (2018). Package Size Matters: Tobacco Packaging, Retail Merchandising and its Influence on Trial and Impulse Sales. Tobacco
Control27, no. 5 600. doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-053962.
https://search.proquest.com/docview/2091008134?accountid=30552.

Continued…
It inspires the customers to purchase a particular product
so that the package can be used for alternative purposes.
It creates a perception among the customers that a product
a good if its packaging is attractive and innovative. 9
The customers develops a goodwill regarding the
company as a result of its packaging
9. Hiilamo, H, Eric C, and Stanton A. G. (2014). The Evolution of Health Warning Labels on Cigarette Packs: The Role of Precedents, and Tobacco Industry
Strategies to Block Diffusion. Tobacco Control 23, no. 1 doi:http://dx.doi.org/10.1136/tobaccocontrol-2012-050541.
https://search.proquest.com/docview/1782213992?accountid=30552.

Labelling
Labelling is defined as the written, printed and illustrative
content upon any products, containers and wrappers.
Labelling is subset of packaging
A label can only carry the name of the brand, great deal of
information regarding the product or both
A label is a point of contact between a customer and the
company 10
The labelling of products has a significant role in
influencing purchase decisions of customers
10. Kennedy, Ryan D, Ayodeji A, Elaine D L, and Joanna E. C. (2017): Global Approaches to Regulating Electronic
Cigarettes. Tobacco Control 26, no. 4 440. doi:http://dx.doi.org/10.1136/tobaccocontrol-2016-053179.
https://search.proquest.com/docview/1914762466?accountid=30552.

Types of labels used in products
Grade level which helps in identifying the quality of
products by denoting letter like “A” or words like
“Superior”.
Informative label which provides information regarding
the usage and storage of the product. 11
Descriptive label which helps in hazards associated with
the products
11. Lauren, Kass L and Stanton A. G. (2018). Heated Tobacco Product Regulation and the FCTC. Tobacco Control 27,
doi:http://dx.doi.org/10.1136/tobaccocontrol-2018-054560. https://search.proquest.com/docview/2124388063?accountid=30552.

Purpose of labelling
It helps in brand identification of the product
It helps in the grading of the products
It helps in providing product description
It helps in product promotion 12
12. Crosbie, E, Robert E, and Stella B. (2019): Containing Diffusion: The Tobacco industry’s Multipronged Trade Strategy to
Block Tobacco Standardized Packaging. Tobacco Control 28, no. 2 195. doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-
054227. https://search.proquest.com/docview/2184954956?accountid=30552.

Role played by labelling
To ensure appropriate and correct information regarding
product safety and healthiness
To safeguard the consumers and the producers against any
evasive information
To ensure fair competition between forms which are
operating in market

Label includes the following details
Brand name
Product quantity
Price of product
List of the ingredients used in a product
Limited storage time or expiry date
Name and location of the producer and packager
Indication of danger involved with the substances
Procedure to use and preserve the product
Disposal information of the products

Impact of labelling on customers
It helps the customers to gather information regarding a
product which is a vital step in the customer decision
making process.
It creates satisfaction among the customers regarding the
quality of the products.
It helps in enhancing the image of the product and the
company in the minds of the customers
It helps in accelerating the purchase decision making
process of the customers 13
13. Lempert, Lauren K. and Stanton G. (2017): Packaging Color Research by Tobacco Companies: The Pack as a Product
Characteristic. Tobacco Control 26, no. 3 307. doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-052656.
https://search.proquest.com/docview/1894679818?accountid=30552.

Continued…
It leads to more informed decision making by the
customers
It enables the customers to make wiser choices regarding
their selection of products
It enables the customers to gather greater information
regarding a company 14
14. Lie, Jessamina L , Marc C. W, Nanne de V K., and Gary F. (2016): The Devil is in the Detail: Tobacco Industry Political
Influence in Tobacco Products Directive. Tobacco Control25, no. 5 545. doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-052302.
https://search.proquest.com/docview/1816071389?accountid=30552.

Importance of packaging and labelling for companies
It helps in the marketing of the products of the company.
It helps in improving the brand image of the company and
its products
It enables the company to connect more with the
customers
It enables the company to change the buying behaviour of
their customers

Recommendations to companies regarding packaging and labelling
Providing detailed information regarding the products.
Focusing more on packaging colour as it influences the
consumer buying behaviour the most
Focusing on the designing of innovative packages in
order to capture the attention of the audiences. 15
Focusing more on the materials used in packaging as
customers demand for packaging materials which are
sustainable in nature.
15. Mackey, T K., Liang, B A, and Novotny, T (2013): Evolution of Tobacco Labeling and Packaging: International Legal
Considerations and Health Governance. Journal of Public Health 103, no. 4 E39-E43.
https://search.proquest.com/docview/1340851229?accountid=30552.

Continued…
Researching of new packaging technique which helps in
enhancing the quality of the product and its acceptance.
Focusing on the background used in packaging
Providing more information regarding the health risks and
hazards of the products in the labels of the company.
Designing the labels in a precise manner in order to
engage customers towards the label

Implications of legislations on marketing of tobacco
Focusing more on marketing the products to the retailers.
Focusing on promotion of products in retail point of sales
only 16
Undertaking innovative package designing in order to
appeal to the customers.
Focusing on sponsoring events
16. Sankaran, S, Heikki H, and Stanton A. G. (2015): Implementation of Graphic Health
Warning Labels on Tobacco Products in India: The Interplay between the Cigarette and the
Bidi Industries. Tobacco Control 24, no. 6 547. doi:http://dx.doi.org/10.1136/tobaccocontrol-
2013-051536. https://search.proquest.com/docview/1781958328?accountid=30552.

Bibliography
Alpert, H R., Daniel C, and Gregory N. C. (2018). Tobacco Industry Response to a Ban on Lights Descriptors
on Cigarette Packaging and Population Outcomes. Tobacco Control 27, no. 4, 390.
doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-053683.
https://search.proquest.com/docview/2058919657?accountid=30552.
Brown, J, Teresa D, Kevin W, Robert S, Michael C, Deirdre L K, and Joanna E. C. (2017). Tobacco Industry
Response to Menthol Cigarette Bans in Alberta and Nova Scotia, Canada. Tobacco Control 26,
doi:http://dx.doi.org/10.1136/tobaccocontrol-2016-053099.
https://search.proquest.com/docview/2116441616?accountid=30552.
Casseus, M., J. Garmon, M. H, and C. D. D. (2016). Cigarette Smokers' Classification of Tobacco
Products. Tobacco Control 25, no. 6 628. doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-052535.
https://search.proquest.com/docview/1834898701?accountid=30552.
Crosbie, E, Robert E, and Stella B. (2019): Containing Diffusion: The Tobacco industry’s Multipronged Trade
Strategy to Block Tobacco Standardized Packaging. Tobacco Control 28, no. 2 195.
doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-054227.
https://search.proquest.com/docview/2184954956?accountid=30552.
Crosbie, Eric and Stanton A. G. (2014). Tobacco Industry Argues Domestic Trademark Laws and
International Treaties Preclude Cigarette Health Warning Labels, Despite Consistent Legal Advice that the
Argument is Invalid. Tobacco Control 23, no. 3 doi:http://dx.doi.org/10.1136/tobaccocontrol-2012-050569.
https://search.proquest.com/docview/1781955850?accountid=30552.

Bibliography
Dewhirst, T. (2018). Package Size Matters: Tobacco Packaging, Retail Merchandising and its
Influence on Trial and Impulse Sales. Tobacco Control27, no. 5 600.
doi:http://dx.doi.org/10.1136/tobaccocontrol-2017-053962.
https://search.proquest.com/docview/2091008134?accountid=30552.
GlobalData plc, (2016) Flexible Packaging Holdings Limited : Paper and Packaging - Company
Profile, SWOT & Financial Analysis. GlobalData plc.
https://search.proquest.com/docview/1829841050?accountid=30552.
Hiilamo, H, Eric C, and Stanton A. G. (2014). The Evolution of Health Warning Labels on Cigarette
Packs: The Role of Precedents, and Tobacco Industry Strategies to Block Diffusion. Tobacco
Control 23, no. 1 doi:http://dx.doi.org/10.1136/tobaccocontrol-2012-050541.
https://search.proquest.com/docview/1782213992?accountid=30552.
Kennedy, Ryan D, Ayodeji A, Elaine D L, and Joanna E. C. (2017): Global Approaches to Regulating
Electronic Cigarettes. Tobacco Control 26, no. 4 440. doi:http://dx.doi.org/10.1136/tobaccocontrol-
2016-053179. https://search.proquest.com/docview/1914762466?accountid=30552.
Lauren, Kass L and Stanton A. G. (2018). Heated Tobacco Product Regulation and the
FCTC. Tobacco Control 27, doi:http://dx.doi.org/10.1136/tobaccocontrol-2018-054560.
https://search.proquest.com/docview/2124388063?accountid=30552.

Bibliography
Lempert, Lauren K. and Stanton G. (2017): Packaging Color Research by Tobacco Companies: The Pack as
a Product Characteristic. Tobacco Control 26, no. 3 307. doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-
052656. https://search.proquest.com/docview/1894679818?accountid=30552.
Lie, Jessamina L , Marc C. W, Nanne de V K., and Gary F. (2016): The Devil is in the Detail: Tobacco
Industry Political Influence in Tobacco Products Directive. Tobacco Control25, no. 5 545.
doi:http://dx.doi.org/10.1136/tobaccocontrol-2015-052302.
https://search.proquest.com/docview/1816071389?accountid=30552.
M2 Presswire (2016). On World no Tobacco Day, UN Urges Plain Packaging of Tobacco Products to Save
Lives. M2 Presswire. https://search.proquest.com/docview/1792703389?accountid=30552.
Mackey, T K., Liang, B A, and Novotny, T (2013): Evolution of Tobacco Labeling and Packaging:
International Legal Considerations and Health Governance. Journal of Public Health 103, no. 4 E39-E43.
https://search.proquest.com/docview/1340851229?accountid=30552.
Managing Intellectual Property (2018). What is the Stance on Plain Packaging Across Asia? Managing
Intellectual Property https://search.proquest.com/docview/2114545727?accountid=30552.
Sankaran, S, Heikki H, and Stanton A. G. (2015): Implementation of Graphic Health Warning Labels on
Tobacco Products in India: The Interplay between the Cigarette and the Bidi Industries. Tobacco
Control 24, no. 6 547. doi:http://dx.doi.org/10.1136/tobaccocontrol-2013-051536.
https://search.proquest.com/docview/1781958328?accountid=30552.