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.