Now countries can try to counteract the influence of that kind of marketing, but if tobacco companies feel threatened, they’ll put them through legal hell. Let me take you on a world tour of how they attack laws intended to protect public health, because it’s kind of amazing.
Let’s start in Australia. In 2011, they passed a plain packaging law, and what that means is this. [Shows (fair use!) news clip describing required packaging of cigarettes with no branding, and scary health pictures]. Australia’s plain packaging law bans tobacco company branding from packaging and replaced it with upsetting photos, such as the toe tag on a corpse, the cancerous mouth, the nightmarish eyeball, or the diseased lung. Now, yes, I’m pretty sure I’d find a healthy lung disgusting, but, that thing does look like you’re trying to breathe through baked ziti, so [instructing staff] take it down! Just take it down!
Perhaps unsurprisingly, since this law was implemented, total consumption of tobacco cigarettes in Australia fell to record lows and… nightmares about eyeballs have risen to record highs. [Instructing staff] Take it down! Take down the demon eye!
To get these laws, though, Australia has had to run a gamut of lawsuits. First, two tobacco companies sued Australia in its highest court to stop them. The result, was a little surprising, as Australia’s attorney general let everyone know. [Shows clip of AG announcing not just the victory, but Big Tobacco having to pay the government’s legal fees.] Yes! Score one for the little guy! Even if that little guy is the sixth largest country in the world by landmass.
And the tobacco companies didn’t just lose. The judges called their case “delusive,” “unreal and synthetic” and said their case had “fatal defects.” ….
But Australia’s legal troubles were just beginning. Because then, Philip Morris Asia got involved. [Shows clips of a news report saying Philip Morris considering using ISDS provisions to take the Australian government to a tribunal claiming it lowered the value of the company’s trademarks].
That’s right. A company was able to sue a country over a public health measure, through an international court. How the fuck is that possible? Well, it’s really a simple explanation. They did it by digging up a 1993 trade agreement between Australia and Hong Kong which had a provision that said Australia couldn’t seize Hong Kong-based companies’ property. So, nine months before the lawsuits started, PMI put its Australian business in the hands of its Hong Kong-based Philip Morris Asia division, and then they sued, claiming that the “seized property” in question, were the trademarks on their cigarette packages.
And you’ve got to give it to them: that’s impressive. Someone should really give those lawyers a pat on the back… and a punch in the face. But, a pat on the back first. Pat, then punch. Pat, punch….