The Malta Business Weekly

Tobacco giant ordered to compensate Australia

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Tobacco giant Philip Morris has been ordered to pay the Australian government millions of dollars after unsuccessf­ully suing the nation over its world-first plainpacka­ging laws.

In 2012, Australia legislated that cigarettes must be sold in unappealin­g packets with graphic health warnings.

Philip Morris had tried to force the laws to be overturned, but a court dismissed its claim in 2015.

The tobacco giant has now been ordered to pay the government's legal costs.

The exact sum was redacted from the internatio­nal Permanent Court of Arbitratio­n decision, but the Sydney Morning Herald reported it was as high as A$50m ($38m).

In May, Bloomberg reported that the World Trade Organizati­on had decided Australia's laws were a legitimate public health measure - making them more likely to be adopted overseas.

After plain packaging was introduced, Philip Morris, Imperial Tobacco and Japan Tobacco launched a constituti­onal challenge in Australia's highest court.

When that bid failed, Philip Morris went to the PCA to claim the legislatio­n breached Australia's Bilateral Investment Treaty with Hong Kong.

It sought an end to plain packaging, or billions of dollars in compensati­on.

The court dismissed the company's case, calling it "an abuse of rights".

Philip Morris then argued the government's claim for legal costs was unreasonab­le, saying it was well above claims made by Canada ($4.5m) and the US ($3m) in comparable cases.

However, the court ruled the costs were reasonable because they did "not go beyond what is usual in other investment cases". It also acknowledg­ed the "significan­t stakes involved" regarding public health.

The document, marked 8 March, was only made publicly available on the weekend.

Since Australia's laws were introduced, similar policies have been announced in other countries including the UK.

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