The High Court today released its reasoning for the 15 August ruling upholding the constitutionality of cigarette plain packaging, saying the law does not represent acquisition of property for proprietary benefit.

Major tobacco companies, including British American Tobacco and Japan Tobacco International, challenged the law that will take effect on 1 Dec, saying it represented an acquisition without just compensation of intellectual property and goodwill, thereby violating the constitution.
“Although the (Tobacco Plain Packaging) Act regulated the plaintiffs' intellectual property rights and imposed controls on the packaging and presentation of tobacco products, it did not confer a proprietary benefit or interest on the Commonwealth or any other person”, the court said in a statement. (ci)