Trade Descriptions on Retail Packaging of Imported Tobacco Products (29 November 2012)

Page last updated: 05 September 2013

The Tobacco Plain Packaging Act 2011 only allows specific marks to appear on the retail packaging of tobacco products as permitted by the Tobacco Plain Packaging Act 2011 and the Tobacco Plain Packaging Regulations 2011.

A trade description is permitted to appear on retail packaging of tobacco products by section 20(3) of the Tobacco Plain Packaging Act 2011. Trade description is defined under section 4 of the Tobacco Plain Packaging Act 2011 as ‘any trade description that is required to appear on the retail packaging of tobacco products by regulations made under the Commerce (Trade Descriptions) Act 1905 ’.

Details regarding the trade description required to appear on the retail packaging of imported tobacco products can be found in the Commerce (Imports) Regulations 1940.

The Tobacco Plain Packaging Regulations 2011 permit a trade description to appear only once on the retail packaging of tobacco products; and for cigarette packs or cartons, the trade description must appear only on the side outer surface of the pack or carton that does not bear a health warning (Regulation 2.3.4).

Please note that this information has been provided as a guide only, and should not be relied upon as a source of legal advice. Substantial criminal and civil penalties that can be imposed for failure to comply with the provisions of the Tobacco Plain Packaging Act 2011. If you are unsure of any of your obligations under the plain packaging legislation, or are having difficulty understanding the requirements, it is recommended that you seek your own independent legal advice.