Furthermore, plain packaging has been implemented in practice in three countries where packages are imported from a country with plain packaging, i.e. (from France), (from New Zealand), and (from Australia).
Australia Under the legislation, companies have had to sell their cigarettes in a logo-free, drab dark brown packaging from 1 December 2012. Government research found that a specific olive green colour,
Pantone 448 C, was the least attractive colour, particularly for young people. After concerns were expressed over the naming of the colour by the Australian Olive Association, the name was changed to drab dark brown. With the plain packaging and tax increases the Australian government aimed to bring down smoking rates from 16.6% in 2007 to less than 10% by 2018. Statistics published in 2014 showed that the amount of excise and customs duty on cigarettes fell by 3.4% in Australia in 2013 compared to 2012 when plain packaging was introduced. Some commentators referred to data provided by the tobacco industry and claimed that the tobacco sales volume had increased by 59 million sticks (individual cigarettes or their roll-your-own equivalents) during the same period. According to
Philip Morris International, 2013 saw a 0.3% increase in tobacco sales compared to 2012. Other commentators however contradicted these claims based on data published by the Australian Bureau of Statistics in March 2014. A study conducted by
KPMG for three major cigarette manufacturers had found that illegal trade of drastically cheaper cigarettes had significantly increased, but an article in
The BMJ refutes this. After one year of plain cigarette packaging rule implementation, a special supplement to the
British Medical Journal described that before plain packaging implementation 20% of smokers want to quit, but after implementation 27% of smokers want to quit. The study found that plain packaging reduces brand appeal and brand image of tobacco products. If true, this would foretell fewer new smokers taking up the habit. An analysis of claims made by Philip Morris that "the data is clear that overall tobacco consumption and smoking prevalence has not gone down" concluded that this "claim is wrong". A 2016 review by the Australian Government found that the current packaging regime is having a positive impact on public health in Australia.
Tobacco industry response In August 2010, Philip Morris International,
British American Tobacco and
Imperial Tobacco formed the Alliance of Australian Retailers, which commenced a multimillion-dollar campaign against the introduction of plain cigarette packaging. The campaign focused on
grassroots advocacy (
astroturfing), ostensibly on behalf of small business owners. When the funding source of the campaign was made public, large retailers such as
Coles and
Woolworths quickly withdrew support for the campaign. The tobacco companies subsequently hired a
public relations firm to oversee the campaign. In May 2011, British American Tobacco launched a media campaign suggesting that illicit trade and crime syndicates would benefit from plain packaging. BATA
CEO David Crow threatened to lower cigarette prices in order to compete, which he claimed could result in higher levels of smoking amongst young people. Crow later commented he would tell his own children not to smoke cigarettes, because they are unhealthy. The BATA campaign is largely based on a report from
Deloitte. Several of the claims contained in the report related to border protection, and have since been publicly refuted by customs officials, and the report itself indicated that it had relied extensively on unaudited figures supplied by the tobacco industry itself. In June 2011,
Imperial Tobacco Australia launched a secondary media campaign, deriding plain packaging legislation as part of a
nanny state. In June 2011, Philip Morris International announced it was using the provisions in a Hong Kong/Australia treaty to demand compensation for Australia's plain packaging anti-smoking legislation. As a US-based company, Philip Morris could not sue under the US-Australia Free Trade Agreement. The company rearranged its assets to become a Hong Kong investor in order to use the
investor-state dispute settlement provisions in the Australia-Hong Kong Bilateral Investment treaty (BIT). In response, Health Minister
Nicola Roxon stated that she believed the government was "on very strong ground" legally, and that the government was willing to defend the measures. The continuance of trade and investment proceedings on the issue has been described as an affront to the rule of law in Australia. Dr Patricia Ranald, Convener of the Australian Fair Trade and Investment Network said that big tobacco and other global corporations are lobbying hard to include the right of foreign investors to sue governments in the current negotiations for a Trans-Pacific Partnership Agreement (TPPA). In November 2011, British American Tobacco announced that it would challenge the laws in the High Court as soon as they gained royal assent. In August 2012, the High Court ruled in favour of the Australian government. British American Tobacco placed
freedom of information requests on a Cancer Institute NSW research survey of school students aged between 12 and 17, which asked how they react to plain packaging, where they get cigarettes from and what age they started smoking. The
Cancer Council Victoria fought the FOI request, saying that the tobacco company wanted to use the survey information to change their marketing to children to increase cigarette smoking among youth. Phillip Morris was ordered to pay the Australian government's legal fees. A FOI request by
Nick Xenophon and
Rex Patrick revealed that Australia's legal fees amounted to $39 million with Patrick saying that this showed the dangers of investor-state dispute settlement clauses allowing companies to sue governments in the
Trans-Pacific Partnership.
Other responses The
World Health Organization (WHO) applauded Australia's law on plain packaging noting that "the legislation sets a new global standard for the control of a product that accounts for nearly 6 million deaths each year". The Cancer Council of Australia hailed the passing of the legislation, stating, "Documents obtained from the tobacco industry show how much the tobacco companies rely on pack design to attract new smokers....You only have to look at how desperate the tobacco companies are to stop plain packaging, for confirmation that pack design is seen as critical to sales." The WHO's director for the Western Pacific also congratulated Australia and stated that all countries and areas in the Western Pacific should follow Australia's good example. Speaking on Radio Australia, Don Rothwell, Professor of International Law at the
Australian National University, noted that Philip Morris was pursuing multiple legal avenues. The Notice of Arbitration under the bilateral investment treaty between Hong Kong and Australia has a 90-day cooling off period after which the case would most likely be sent to the International Centre for Settlement of Investment Disputes in Washington. He stated that Philip Morris was most likely aiming for the Australian Government to back down, or failing that, to sue for compensation. He said the questions to decide are whether the legislation means that Australia would acquire property by the imposition of these rules and if this legislation is a legitimate public-health measure. Professor Rothwell noted "...the growing recognition of the legitimacy of public health measures of this type." Professor Rothwell estimated that the legal cases, including any case before the High Court, would take up to a year to decide. However, in the United States, Judge Richard J. Leon ruled in 2011 that graphic health warning labels "clearly display the government's opinion on smoking" which he said "cannot constitutionally be required to appear on the merchandise of private companies." He ruled that these warnings would unfairly hurt their sales, that the warnings were crafted to provoke an emotional response calculated to quit smoking or never to start smoking. This, the judge ruled, was "an objective wholly apart from disseminating purely factual and uncontroversial information." This finding may be appealed. The Associated Press noted that Philip Morris took "less than an hour" to launch legal action against the Australian legislation. It also stated that Australian legislation followed the lead of Uruguay which requires that 80 per cent of cigarette packages is devoted to warnings and Brazil, where cigarette packages display "graphic images" of dead fetuses, haemorrhaging brains and gangrenous feet. New Zealand Associate Health Minister
Tariana Turia congratulated the Australian Health Minister, noted that tobacco labelling rules have long been harmonised between Australia and New Zealand, and looked forward to New Zealand following suit.
Legislation In April 2011,
Minister Roxon released an exposure draft of plain packaging legislation with an expected start date of 1 July 2012. Australian newspapers reported that the legislation was likely to pass despite concerns from the
Opposition. It was suggested the Opposition resistance to the legislation was due to their continuing acceptance of funding donations from tobacco companies. On 31 May 2011,
Liberal leader
Tony Abbott announced that his party would support the legislation, and would work with the government to ensure the legislation is effective. Minister Roxon introduced the plain packaging bill to Parliament on 6 July 2011, and it passed through the
Lower House on 24 August 2011. The legislation passed the
Upper House on 10 November 2011 with the amended start date of 1 December 2012. Legislation finally passed on 21 November 2011. Later in November 2016, the health minister
Maggie De Block said she is open to idea of plain packaging, once the introduction of plain packaging in France and the UK has been reviewed. This was done on top of a list of new tobacco laws such as increasing taxes and raising the purchasing age to 18. , Belgium, during plain tobacco packaging transition (2020) In September 2018, the government decided to introduce plain packaging for all tobacco products. The new law came in force in January 2020.
Canada During the
2015 Canadian federal election campaign,
Liberal Party leader
Justin Trudeau promised to mandate plain packaging if elected prime minister. On 16 May 2018,
Parliament passed Bill S-5 to amend the Tobacco Act as the
Tobacco and Vaping Products Act, adding the authority for
Health Canada to mandate plain packaging for cigarette products (alongside extending many of its existing restrictions to
electronic cigarettes). The
Tobacco Products Regulations (Plain and Standardized Appearance) were published to the
Canada Gazette on 24 April 2019: plain packaging will use the same brown color used in Australia, and must use a standardized layout and "slide and shell" package. No other packaging styles are permitted. The cigarette itself may not include any branding or promotions, and cigarettes longer than 85 mm in length are also banned, as well as any "slim" cigarette. The phase-in has begun on 9 November 2019, and completed on 7 February 2020. Canada has also opted for plain packaging and labelling for all
cannabis products, with restrictions on logos, colours, branding and specific display formats. Canada became the first country in the world to require health warnings on individual cigarettes and cigars, effective August 1, 2023, to be phased in over time when the regulation is fully in effect by April 2025.
Colombia In March 2015, a bill similar to the Australian one was established before the Congress of the Republic, since it was intended to regulate the packaging and labeling of tobacco products. The ultimate goal of this Bill was to achieve a total ban on its advertising, promotion and sponsorship. Although the Bill was filed a few months after the passage of the legislature, the one that has come to be debated in the first presentation in the House of Representatives allows concluding that Colombia is not far from adopting a regulation on the matter.
Denmark In December 2020, a law establishing plain packaging was passed by the Danish parliament, the
Folketing. It states that only plain packs can be sold by retailers in Denmark as of 1 April 2022. The law was promulgated on 21 December 2020.
European Union In 2010, the European Commission launched a public consultation on a proposal to revise Directive 2001/37/EC which covers health warnings, limits on toxic constituents, etc., for tobacco products. The consultation included a proposal to require plain packaging. Although
Commissioner Dalli rejected plain packaging as an option, the European Union included in its proposal for a new
Tobacco Products Directive, which became applicable in EU countries in May 2016, the option for the Member States to introduce plain packaging. Legal scholars consider plain packaging to be consistent with primary European law and German law. The directive adopted 3 April 2014 explicitly states that 28 EU countries have the option of implementing plain packaging, a provision upheld on 4 May 2016 by the
European Court of Justice as valid when dismissing a tobacco industry legal challenge.
Finland Finland has introduced a bill that includes provisions for a plain packaging scheme.
France In December 2010, a
UMP member of the French Parliament tabled a Member's Bill aimed at creating plain cigarette packaging. However, the bill did not pass despite ongoing support from health associations. As in other countries, there was fierce protest from the tobacco industry and tobacco retailers associations. The Health Minister also seemed lukewarm in his support, preferring to see the effect of newly introduced health warnings. Under the next legislature however, the new
Socialist Health Minister,
Marisol Touraine, said she would fight especially at the European level for "neutral packaging". As in Australia, the tobacco industry countered that generic packaging would be easy to counterfeit, which would increase illegal cigarette sales. The EU directive eventually contained no explicit measures regarding plain packaging. In reaction, the French government announced the introduction of a bill containing provisions for generic cigarette packaging on 25 September 2014. The bill was passed on 17 December 2015. The tobacco industry promptly attacked it in court, but lost its case. This legislation was upheld on 21 January 2016 as constitutional by France's
Constitutional Council. Cigarettes manufactured after 20 May 2016 or sold after 1 January 2017 in France (including
overseas departments and regions of France) must be put in plain packaging.
Georgia In May 2017, the
Georgian Parliament introduced a plain packaging law for implementation in 2018, then postponed to December 2022. In December 2022, the date was further postponed to 31 July 2024. it was finally approved in early 2025, coming into full effect on April 1.
Germany In 2022, then- (Federal Government Commissioner on Narcotic Drugs),
Burkhard Blienert of the
SPD, criticized Germany's tobacco policy as too lax and said that the introduction of neutral standardized packaging for tobacco should be considered.
Guernsey Plain packaging was introduced in
Guernsey on 31 July 2021. A one-year transition period was introduced in order to allow retailers to sell off stock that did not conform.
Hungary The Decree of 16 August 2016 requires that new cigarette and tobacco brands that will be introduced on the Hungarian market after 20 August 2016 has to be in a uniform plain packaging, void of brand logos. Eventually, all cigarette and tobacco products are to be sold in uniform packs from 20 May 2019. Entry into force has later been postponed to 1 January 2022. As of July 2017, the first cigarettes with unified plain packaging hit the Hungarian market. From 20 August 2016 onwards, new brands have to be sold in plain packaging. One new cigarette brand of Von Eicken GmbH have been launched with such unified package.
India In August 2012,
India was believed to be considering plain packaging. Research into its feasibility was conducted in 2013.
BJD MP of Orissa,
Baijayant Jay Panda, had unsuccessfully submitted in the
Lok Sabha a
Private member's bill seeking an amendment to the 2003 anti-tobacco law. The bill sought to stipulate for plain packaging of cigarette and tobacco products and increase the size of health warning and the accompanying graphic on cigarette packets. In general, tobacco control measures are often prone to legal challenges in India.
Indonesia In September 2024, the
Ministry of Health planned to implement a plain packaging scheme, removing branding elements and requiring uniform colors and fonts. The draft regulation faced backlash from tobacco farmers and industries.
Ireland In May 2013, Ireland announced plans to become the second country in the world to introduce plain cigarette packaging. In June 2014, the Irish government said it would legislate to implement plain packaging. Details of the bill known as the
Public Health (Standardised Packaging of Tobacco) Bill 2014 were published on 10 June 2014. "There is a wealth of international evidence on the effects of tobacco packaging in general and on perceptions and reactions to standardised packaging which support the introduction of this measure," Ireland's
Health Minister James Reilly said when releasing details of the bill. The bill was signed by
President Michael D. Higgins on 10 March 2015. After some delays, it was announced that the law would take effect on 30 September 2017, with the sale of previously-manufactured cigarettes allowed until 30 September 2018.
Israel On January 8, 2019, the
Knesset passed a bill on the restriction on Advertising and Marketing of Tobacco Products that includes provisions for the introduction of plain packaging in the country (Amendment n°7). A year after, January 8, 2020: full implementation for both manufacturers and retailers.
Malaysia On 24 February 2016, the
Malaysian
health ministry announced that it is planning to follow Australia's example and introduce plain packaging for tobacco in the near future. In September 2024, the country released the Control of Smoking Products for Public Health Act 2024 (Act 852) and it came into effect on 1 October 2024. The Act 852 contains regulations on packaging and labelling of smoking products among other things.
Mauritius In June 2016 in a health workshop about tobacco control, the
Mauritian health minister
Anil Gayan publicised that the government was looking to introduce plain packaging in the country in the future. Later in November 2018, the government announced that plain packaging would be introduced on the island-nation in June 2019, making it the first nation in Africa to introduce plain packaging. On 31 May 2020, to mark the
World No Tobacco Day, the Minister of Health and Wellness
Kailesh Jagutpal reiterated the decision of the country to introduce plain packaging.
Myanmar In October 2021, the
Ministry of Health of
Myanmar issued a regulation (Subordinate Legislation of Union Laws) introducing tobacco plain packaging. This regulation was supposed to enter into force on 10 April 2022, but entry was postponed to 1 January 2023 on April 1, 2022. Retailers will be allowed to sell non-compliant products for another 90 days from that date. The measure is postponed again in September 2022; the new entry into force becomes December 31, 2023. It is further postponed twice, the last time until October 21, 2025. This measure is meant to make smoking less attractive to young people in particular. The legislation also required supermarkets to hide their smoking materials. In June 2024, the Dutch cabinet announced that the country will be introducing plain packaging for electronic vaping products and
cigars in 2025.
New Zealand New Zealand requires tobacco products to be standardised in a similar manner to Australian requirements. Legislation and associated regulations to enable standardised packaging of tobacco products came into force on 14 March 2018. Distributors were given six weeks to clear old stock and following this retailers were given a further six weeks to dispose of old stock. From July to October 2012 the Ministry of Health undertook a consultation which attracted over 20,000 submissions (including overseas submissions) from public health groups and also the tobacco industry. In February 2013 Government decided to proceed with legislative change in alignment with Australia. A Bill to require the plain packaging of tobacco products – the Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill – was introduced on 17 December 2013. The Bill had its first reading on 11 February 2014. However, in February 2016,
Prime Minister John Key commented that there was now firm legal ground for plain packaging and that the measure could become law by the end of 2016. On 30 June 2016, the Bill was given its second reading with consideration by the Committee of the Whole House on 23 August 2016 and the third and final reading on 8 September 2016. On 31 May 2016, (World No Tobacco Day) the Associate Minister of Health,
Peseta Sam Lotu-Iiga, released a consultation document on the detail of standardised packaging requirements. An
Order in Council was issued on 6 June 2017, making the Smoke-free Environments Regulations 2017 specifying detailed requirements for the standardised design of tobacco packages and products, and also specifying requirements for new and larger warning messages for tobacco packaging. These Regulations came into force on 14 March 2018 and since 6 June 2018, only standardised packages have been allowed for sale in New Zealand. On 31 May 2016 on
World No Tobacco Day, the Health Minister
Bent Høie announced the introduction of plain packaging to Norway by 2017. The plain packaging rule applies to
snus as well as cigarettes. In December 2016, the
Norwegian Parliament voted overwhelmingly in favour of implementing standardised packaging for tobacco products. The measure was introduced at the same time as the EU Tobacco Products Directive measures on packaging and labelling, taking effect on 1 July 2017. Retailers were given one year (until 1 July 2018) to transition to the new standardised cigarette packages and smokeless tobacco boxes.
Panama Since 2017, the National Assembly has discussed draft Law 136 on plain packaging. The bill proposes that the color of the packs be dark matte gray and that the mark be presented in white Arial font, size 20, highlighted in bold. Panama ranks second in having the lowest prevalence in the world of consumption, since only 6.4% of adults in the isthmus smoke.
Philippines Anti-smoking group New Vois Association of the Philippines favored the introduction of plain cigarette packaging in the Philippines as part of their campaign on the 2016
World No Tobacco Day and urged then-presumptive president
Rodrigo Duterte to implement a law to standardize cigarette packs. The
Department of Health (DOH), however, is not ready to implement plain cigarette packaging, and rather focus on enforcing
graphic health warnings on cigarette packs under the Graphic Health Warning Act of 2014 that took effect in March 2016.
Saudi Arabia In September 2018,
Saudi Arabia made a declaration to the
World Trade Organization that it was going to introduce plain packaging in the country. Later in December, the Saudi Food and Drug Authority stated that plain packaging must be used by May 2019. The changes made Saudi Arabia the first state in the
Arab world to introduce plain packaging in tobacco products. Retailers were allowed to sell their stock of non-compliant packs until the end of December 2019.
Singapore On 11 February 2019, the
Parliament of Singapore passed an amendment of the Tobacco (Control of Advertisements and Sale) Bill mandating plain packaging on cigarettes, and that graphic health warnings must take up 75% of the packet's surface area. The law is in force since 1 July 2020.
Slovenia On 15 February 2017, the
Parliament of Slovenia passed a law for the introduction of plain packaging from 2020.
South Africa A bill seeking to introduce plain tobacco packaging has been passed by
South Africa in 2018. It is supported by local organisations against smoking like the
National Council Against Smoking and by the
World Health Organization. It is opposed by
Japan Tobacco International and the
Tobacco Institute of Southern Africa. In September 2022, it was reintroduced to Parliament as the Tobacco Products and Electronic Delivery Systems Control Bill (B33-2022).
Spain In Spain, the
Ministry of Health initiated work in April 2024 to introduce plain packaging later in the year, as part of a broader legal framework to reduce the rates of tobacco consumption in the country.
Sweden In Sweden, the Minister of Health directed the committee examining the implementation of the new EU Tobacco Products Directive (2014/40 / EU) to also consider introducing plain packaging in the country. The committee report, presented in March 2016, concluded that plain packaging would require a change to one of the
Basic Laws of Sweden.
Switzerland On 5 December 2014,
Swiss parliamentarian Pierre-Alain Fridez tabled a motion for plain packaging in Switzerland. A few days later, the
Federal Council said it was opposed to this, saying such a measure "goes too far".
Thailand In December 2018, Thailand became the first country in Asia to pass legislation mandating plain packaging by September 2019. The new law would also require that the graphic health warning must take 85% of packet's area. Smoking is major problem in Thailand, with half of all middle-aged men smoking. The law entered into force on 10 September 2019. Retailers could sell their stock of non-compliant cigarettes until 8 December 2019.
Turkey In September 2011,
Bloomberg reported that the Turkish government was working on plain packaging regulations. An Istanbul-based newspaper,
Milliyet, reported that under the proposal all branding elements would disappear and cigarettes would come in "numbered black boxes" excluding any imagery other than health warnings. In November 2016, Health Minister
Recep Akdağ stated that Turkey will "introduce plain packaging where the brand of cigarettes will almost be invisible and sellers will be obliged to store the cigarettes in closed cases instead of transparent displays" in 2017. From September 2019, Turkey is to introduce plain packaging on tobacco products and will also require the health warnings to cover 85% of the packs. Plans are also afoot to raise the
smoking age to 21 in the future. By 5 January 2020, no former package is allowed in the market.
Ukraine In November 2019, anti-smoking activists in Kyiv including local MP Lada Bulakh of the
Servant of the People party announced they were petitioning a parliamentary bill to introduce plain packaging in Ukraine.
United Kingdom In November 2013, the UK Government announced an independent review of cigarette packaging in the UK, amid calls for action to discourage young smokers. Public Health Minister
Jane Ellison rejected
Labour calls for immediate regulation rather than a review, saying: "It's a year this weekend since the legislation was introduced in Australia. It's the right time to ask people to look at this." The "Plain Packs Protect" campaign by an alliance of health organisations set out the case for tobacco plain packaging in the UK, as did Cancer Research UK's "The Answer Is Plain" campaign, which was launched soon after the government consultation was announced. Opposing this was the smokers' rights group
FOREST, which launched a counter-campaign titled "Hands Off Our Packs". The UK regulations forbid "logos or promotional images … inserts … discounts … offers … information about nicotine,
tar or
carbon monoxide … lifestyle or environmental benefits [and] mentions or depictions of taste, smell or the absence thereof", while mandating "drab dark brown coloured packaging", specific package shapes and a specific font (Helvetica 14-point) for brand names. In 2024, the UK government opened a call for evidence on extending standardised packaging (and pack inserts) to all tobacco products, beyond cigarettes and rolling tobacco. The
Tobacco and Vapes Bill proposed powers for ministers to regulate the packaging of vapes and other nicotine products to reduce the appeal of them to the youth. ==See also==