8 October 2024
By RUKKI Press Release
As attention grows around the standardized or plain cigarette packaging policy in Indonesia, various inaccurate claims have emerged, leading to differing interpretations and concerns from certain parties. One key concern is excise monitoring, with some suggesting that standardized/plain packaging could hinder law enforcement’s ability to monitor products due to the absence of information on the type and number of cigarettes in the package. But is this concern valid?
A discussion organized by the Indonesian Health Policy Forum (RUKKI) on Tuesday, October 8, 2024, provided clarification on several issues, including the definition of standardized and plain packaging, and whether there are any differences between the two terms. The discussion also covered the do’s and don’ts of standardized packaging and its objectives. Additionally, it touched on future challenges and the World Trade Organization’s (WTO) ruling on these matters. The session concluded by sharing experiences from other countries that have successfully implemented this policy, including Australia, the pioneer of plain packaging. To date, 25 countries have adopted standardized/plain cigarette packaging policies.
Mouhamad Bigwanto, Chair of RUKKI, emphasized that the implementation of standardized cigarette packaging would not complicate monitoring efforts. Standardized/plain packaging can still include essential information, such as the category and number of cigarettes in the package. Additionally, standardized packaging features the brand and product names (without logos or brand imagery) in a standard font, ensuring all necessary information for monitoring purposes remains available.
“Standardized/plain cigarette packaging does not mean that everything will become plain or just white—far from it. In any country implementing this policy, there are no plain white packages, and all necessary information for monitoring purposes is still included. Therefore, this policy will not hinder excise monitoring or tobacco product regulation,” explained Mouhamad Bigwanto, Chair of RUKKI.
However, he pointed out that much of the misinformation continues to be intentionally circulated by parties with vested interests, especially from the tobacco industry.
“Standardized tobacco packaging is not merely about altering the appearance of the packaging; it is an evidence-based strategy aimed at reducing the appeal of tobacco products, particularly to young people. Unfortunately, the tobacco industry frequently spreads misinformation, claiming that this policy will harm retailers and lead to an increase in illicit cigarettes. However, evidence from numerous countries shows no correlation between this policy and a decline in retail revenue or a rise in illicit cigarette trade.”
Bigwanto added, “Tobacco packaging has long been used by the industry as a promotional tool, acting as a mini billboard. Even the interior of the packaging has not been exempt from the industry’s promotional tactics. Therefore, RUKKI fully supports the government’s plan to implement standardized packaging, as mandated by Health Regulation No. 28 of 2024. This policy is part of a broader effort to protect young people from the health risks posed by tobacco products.”
Tubagus Haryo Karbyanto, Secretary-General of the Citizens Forum (FAKTA) Indonesia, reflected on Australia’s efforts at the WTO in facing legal challenges from four domestic tobacco companies (British American Tobacco, Philip Morris, Imperial Tobacco, and Japan Tobacco International) as well as five countries—Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia—that brought the case to the WTO.
“At that time, the countries that filed the lawsuit, including Indonesia, argued that plain packaging policies violated intellectual property rights and hindered free trade. However, the WTO ruled that Australia’s policy was lawful and aligned with public health goals to protect citizens from the dangers of tobacco,” said Tubagus Haryo Karbyanto.
Intellectual property rights violations occur when another party uses registered logos or trademarks. The implementation of standardized/plain packaging does not mean that the government takes over the intellectual property of the industry. The industry still has full rights to their registered logos and trademarks; they just cannot be used as marketing tools on cigarette packaging.
Furthermore, he explained that this victory opened the door for other countries to adopt similar policies without fear of facing international legal challenges.
“The WTO decision underscores the importance of prioritizing public health policies over commercial interests,” he added.
Australia’s plain packaging policy successfully reduced tobacco consumption, especially among young smokers, over four years of observation (15.7% in 2010, 13.4% in 2013, 11.6% in 2016, and 9.2% in 2019), making it a model for many other countries around the world.
Indonesia needs to take more decisive steps in implementing effective tobacco control policies, including standardized packaging. Australia’s experience provides clear evidence that this policy is not only lawful under international law but also significantly impacts reducing tobacco consumption among children and adolescents.
Jakarta, October 8, 2024
Contact: Arvin (arvin.ainul@rukki.org) or sekretariat@rukki.org
About RUKKI
The Indonesian Health Policy Forum (RUKKI) is a civil society organization aimed at promoting inclusive and effective health policies without interference from industries that harm public health. We are committed to being catalysts for change in efforts to improve the quality of life and well-being of society through advocacy, research, and health education activities in Indonesia.
Website: https://rukki.org