Dunhill cigarette wallet packs withdrawn from sale

Following court action by the Australian Competition and Consumer Commission, British American Tobacco Australia Limited has today offered the Federal Court undertakings that it will immediately cease supply of its Limited Edition Dunhill cigarette wallet packs.

BATA has also undertaken to the court to notify its resellers by 22 November 2006 to remove the wallet packs from sale.

These undertakings will remain in place until the matter is finally determined by the court. A directions hearing is set down for 16 February 2007 before Justice Tamberlin.

Background

On 14 November 2006 the Australian Competition and Consumer Commission instituted legal proceedings in the Federal Court of Australia against British American Tobacco Australia Limited in relation to the supply of Limited Edition Dunhill cigarette wallet packs (aka Dunhill wallet packs).

The ACCC alleges that BATA has breached section 65D of the Trade Practices Act 1974 in supplying Dunhill wallet packs that allegedly do not comply with the prescribed consumer product information standard in relation to tobacco labelling requirements, namely Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004.

The ACCC sought urgent injunctions that BATA be restrained from supplying or offering to supply the Dunhill wallet packs and that BATA would take reasonable steps to ensure that the Dunhill wallet packs already supplied are immediately removed from retail sale within Australia.

The ACCC is also currently seeking the following court orders:

• declarations that BATA contravened the Act
• permanent injunctions restraining BATA from supplying the Dunhill wallet packs, or cigarette packs in a similar form
• an order for public disclosure,
• and costs.