Dunhill wallet packs permanently removed from sale after ACCC action
The Federal Court at Sydney has made orders by consent in the Australian Competition and Consumer Commission's proceedings against British American Tobacco Australia Limited for alleged breaches of the Trade Practices Act 1974.
The ACCC had taken action against BATA alleging that its Limited Edition Dunhill wallet packs (aka Dunhill wallet packs) did not comply with regulations relating to the labelling of tobacco products.
The consent orders made by the court include an undertaking from BATA that it will not in the future supply the Dunhill wallet packs, or any type of similar pack, in Australia. As a result of the orders made by the court the ACCC has discontinued the proceedings. The orders were made without a finding of liability.
The ACCC also notes that in February 2007 the government amended the regulations relating to the labelling of tobacco products in order to clarify the law as it relates to packaging innovations and adhesive labels. The amendments were drafted by the Office of Legislative Drafting and Publications, a Division of the Attorney-General's Department, in response to drafting instructions prepared by the ACCC.
"The ACCC is committed to taking action to ensure that companies meet the strict labelling requirements for health warnings on tobacco products," ACCC Chairman, Mr Graeme Samuel, said today.
Ms Lin Enright, Media, (02) 6243 1108or 0414 613 520
General inquiries
Infocentre 1300 302 502
Release # MR 106/07
Issued: 24th April 2007
Background
On 14 November 2006 the ACCC instituted legal proceedings in the Federal Court of Australian against BATA in relation to the supply of Dunhill wallet packs.
The ACCC alleged that BATA had breached section 65D of the Trade Practices Act 1974 in supplying Dunhill wallet packs that allegedly did 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 initially sought urgent injunctions restraining BATA from supplying the Dunhill wallet packs. As a result, BATA offered the Federal Court undertakings that it would immediately cease supply of the wallet packs until the matter was finally determined by the court.
