[LINK] Big Tobacco and Big Government ...

[Frank O'Connor]

Hey, I'm no health industry stooge, and consider the anti-cancer 
industry almost as heinous as the tobacco industry for their lies, 
deceit and exaggeration .... but British American is the same company 
who was taken to task for not providing information to the dying 
McCabe lady who was suing them ... am I right?

The hypocrisy of the tobacco industry seems to know no bounds.

Fortunately for them they have News Ltd on their side ...

Ahhh .. Journalists. Whores to whoever pays the bills.
----
>From 
http://www.news.com.au/breaking-news/national/big-tobacco-wields-foi-docs-against-labor/story-e6frfku9-1226046372681

Big Tobacco wields FOI docs against Labor

BIG tobacco says documents obtained under freedom of information laws 
prove the federal government is on shaky ground when it comes to 
mandating plain packaging for cigarettes.

  British American Tobacco Australia (BATA) has taken its fight to get 
access to one particular document to the Federal Court.

But it said documents already obtained under FOI laws showed plain 
packaging would impinge on tobacco companies' trademark rights.

Under Labor's proposal, cigarettes would be sold in matt olive green 
packets because that's the colour found to be least appealing to 
smokers.

There would be no obvious logos but there would be large pictures of 
the physical damage caused by smoking.

An April 2010, a briefing note from the government body which 
administers Australia's intellectual property rights system states 
that such packaging "would impinge on this (trademark) right".

But IP Australia says the key issue is whether plain packaging serves 
the public interest.

"Such restrictions should only be introduced if there is a clear 
public interest to be served," the briefing note obtained by BATA 
states.

"Notably, analysis of the public interest need should be based on 
strong empirical evidence."

BATA spokesman Scott McIntyre said there was no such evidence and 
removing trademarks would result in the government having to pay the 
industry billions of dollars in compensation.

"The health minister is yet to reveal any real proof that plain 
packaging will reduce smoking rates and she has continually refused 
to release any legal advice which actually supports the untested 
legislation," he said.

Indeed, IP Australia acknowledged that a 1995 Senate report concluded 
there was insufficient evidence to demonstrate generic packaging was 
effective in achieving health policy objectives.

It wrote in its April 2010 note that: "IP Australia is unaware of any 
subsequent evidence that establishes that the public interest would 
be better served by plain packaging."

BATA believes that advice proves "the key body for intellectual 
property in Australia advises the Australian government ... there is 
no evidence the public interest is better served by plain packaging".

The federal government admits the actual impact on smoking rates 
can't be calculated yet because no other country has trialled plain 
packaging.

But it says research suggests generic packs will reduce the product's 
appeal, particularly to young people, limit the ability of companies 
to mislead consumers and increase the effectiveness of health 
warnings.

It was revealed in October 2010 the tobacco industry had lodged 19 
FOI requests with the health department, ahead of possible legal 
action against Labor's reforms.

The requests sought thousands of official papers dating back to the 
early 1990s.

But there's one document BATA hasn't been given and it's taken the 
fight to the Federal Court.

Mr McIntyre said the industry wanted to see legal advice from the 
commonwealth attorney-general, referred to in a 1997 government 
response to a Senate report into the cost of tobacco-related illness.

"This is the one they're holding back," he told AAP on Thursday.

"The minister has continually refused to release legal advice or 
anything supporting the legislation - that's why we're going to the 
Federal Court."

Comment is being sought from federal Health Minister Nicola Roxon and 
her department.