Tobacco Control Legislation in Australia and India: A Comparison

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.