US Chamber of Commerce ‘concerned’ by plain packaging plan

Myron Brilliant, head of international affairs, the Chamber of Commerce of the United States of America, has urged the government to reconsider the tobacco plain packaging initiative
Myron Brilliant, head of international affairs, the Chamber of Commerce of the United States of America, has urged the government to reconsider the tobacco plain packaging initiative

The powerful US lobby group which represents more than three million businesses has spoken out against the government's plan to introduce plain tobacco packaging

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27 January 2014

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"Deep concerns" about the State’s proposed destruction of trademark and branding rights in the tobacco sector" have been expressed by the US Chamber of Commerce in Washington.

The Irish Times reported Myron A Brilliant, its head of international affairs, wrote to the Oireachtas Committee on Health and Children earlier this month, stating: "We do not believe this initiative is well founded and we urge it to be reconsidered."

The influential organisation is the world’s largest business federation representing the interests of more than three million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.

According to Myron Brilliant: "The notion that the Irish government is contemplating measures that would destroy any industry’s legitimate and legally sanctioned trademark protection and branding causes concern in the US business community and extends into many different sectors of our membership."

He added that Australia’s decision to introduced non-branded packaging was currently "being litigated in the World Trade Organisation and a number of governments are challenging that measure on the grounds that it violates WTO agreements in relation to IP [intellectual property] and technical barriers to trade."

The Law Society in Ireland has also said it believed plain packaging would lead to Ireland being sued by cigarette manufacturers, challenges before the WTO and more counterfeit tobacco products. The association claimed the move would create "a perception that Ireland is no longer a country that protects intellectual property with a consequent knock-on effect for foreign direct investment".

The Association of Patent and Trade Mark Attorneys and IBEC are also against the introduction of plain packaging. The former stated the impact of plain packaging could go far beyond the tobacco industry and set a "precedent" for other areas "such as sugar, soft drinks, alcohol, fast food etc".

In August last year, ShelfLife reported viewing a letter addressed to the Taoiseach from a collection of prominent US business organisations.

The letter dated June 2013, highlighted their "serious concern that the cabinet has decided to advance towards legislation mandating the "plain packaging" of tobacco products." The US businesses claimed: "There is no clarity that plain packaging is effective in accomplishing the stated goal. Furthermore there is the significant prospect of unintended consequences, including increased illicit trade."

It was signed by representatives of the Emergency Committee for American trade, National Association of Manufacturers, National Foreign Trade Council, United States Council for International Business, Transatlantic Business Council and the US Chamber of Commerce.

 

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