The Australian Competition and Consumer Commission has today 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 is seeking an urgent injunction that BATA be restrained from supplying or offering to supply the Dunhill wallet packs and that BATA will 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.
A hearing has been set down for 10:15 am this Friday 17 November in the Federal Court, Sydney before Justice Tamberlin.