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Cited by 46Global Public Health Policies and EpidemiologySmoking Behavior and CessationPublic Health Policies and Education

Advancing progressive health policy to reduce NCDs amidst international commercial opposition: Tobacco standardised packaging in Australia

Open access
Crosbie, Eric, Thomson, George, Freeman, Becky, Bialous, Stella·2018·Global Public Health
DOI 10.1080/17441692.2018.1443485PMC PMC6110984
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Abstract

This study examines how health advocates and the Australian government responded to international commercial pressure during the implementation of tobacco standardised packaging (SP) as a measure to reduce non-communicable diseases (NCDs). Relevant government and NGO documents, and media items were reviewed. Policymakers and health advocates (n = 19) in Australia were interviewed. In 2009, Australia's National Health Taskforce recommended SP, which the Australian government announced in April 2010. In response, tobacco companies threatened the government with litigation in both domestic and international courts, claiming that SP would violate their investment and intellectual property rights. However, these legal threats were unsuccessful in forcing the government to withdrawal the SP proposal. Tobacco companies legally challenged SP, but as of February 2018 failed with each legal challenge. The political success of enacting and implementing SP against international commercial pressure was supported by legal preparation and support, and a whole-of-government approach. The Australian SP case illustrates how, against international commercial opposition, governments can build and maintain political and official support to enact and implement progressive public health measures to reduce NCDs.

AI snapshot

Written from the paper’s full text.

TL;DR

This study examines how the Australian government and health advocates advanced tobacco standardised packaging (SP) despite international commercial opposition. It finds that legal preparation, consistent public-health framing, and a whole-of-government approach helped Australia enact and defend SP, with tobacco industry legal challenges failing as of February 2018.

Key findings

  • Australia became the first country to enact tobacco SP on 21 November 2011, with the new format effective 1 December 2012, after the National Preventative Health Taskforce recommended SP in 2009 and the government announced it in April 2010; the Taskforce aimed to reduce smoking prevalence from 17% in 2008 to 10%.
  • British American Tobacco, Philip Morris International, and Imperial Tobacco opposed SP through media, parliamentary submissions, and legal threats claiming billions in compensation; they challenged SP domestically in the High Court, internationally through an Australia–Hong Kong bilateral investment treaty, and via the WTO, but as of February 2018 failed with each legal challenge, and no formal WTO ruling had been issued.
  • Health groups and allied legal scholars used communication/framing and counselling/advocacy: they framed SP around tobacco’s unique harms and Australia’s FCTC commitment, advised MPs not to engage trade and investment arguments, provided legal analysis of potential challenges, and counselled policymakers on litigation costs and tribunal timeframes.
  • A whole-of-government approach involved Health Minister Nicola Roxon, Trade Minister Craig Emerson, and Health/DFAT lawyers confirming SP’s consistency with trade obligations; the government set aside undisclosed litigation funds, and Roxon’s later appointment as Attorney General was described as key to implementation.

Methods

  • The authors reviewed Australian government and health group documents and Australian media items using snowball searches, beginning with terms including “plain packaging,” “international trade,” “intellectual property,” and “tobacco companies.”
  • Between February and June 2015, they attempted to recruit 36 Australian interviewees; 19 agreed, 10 declined, and 7 never responded. Interviews conducted June–July 2015 included five tobacco control advocates, two legal scholars, eight MPs, one Health Department politician, one Health Department official, and one DFAT politician.
  • Interviews were transcribed and coded by one author, triangulated with documents and media, and thematically analyzed around three major themes: tobacco control context in Australia; advocacy and legal preparation; and sector cooperation and coordination.

Limitations

  • The paper states that some Cabinet members and DFAT officials declined interviews, limiting understanding of how the Rudd, Gillard, Abbott, and Turnbull administrations responded to tobacco industry legal threats; attorney–client privilege prevented discussion of legal advice to the Prime Minister; no Department of Finance or tobacco industry interviewees were included.
  • Evident from the text: the sample was skewed toward health advocates, supportive MPs, and health/trade figures, while 17 nonrespondents or decliners were mostly National and Liberal Party MPs and DFAT/Finance officials, leaving opposition-party and whole-of-government perspectives incomplete.
  • Evident from the text: as of February 2018, the WTO had not issued a formal ruling, so the final international legal outcome remained unresolved at the time of writing.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.1080/17441692.2018.1443485

Cites

41 of 41 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

17 of 81 cited sources checked · 7 supported · 0 flagged · accuracy not yet measured

  • Premisecitation

    Governments face fierce opposition from the tobacco, alcohol and food and beverage industries, which oppose innovative public health policies.

    “However, governments face fierce opposition from the tobacco, alcohol and food and beverage industries, which oppose these innovative, world first public health policies (Hiilamo, Crosbie, & Glantz, 2014; Yoon & Lam, 2013).”
    Quote in the paperSubstantial claim1 of 2 sources checked
    • cites Hiilamo, Crosbie, & Glantz, 2014

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Yoon & Lam, 2013 source

      The Discussion (page not provided) describes alcohol-industry influence on policy and says tobacco-industry strategies thwarted public-health changes. The Conclusions (page not provided) also describe tobacco-industry efforts to weaken control policies. These passages do not establish fierce opposition by the food and beverage industry or opposition to the particular innovative, world-first policies in the citing sentence. (LLM, conf=0.85)

      Experimental — accuracy not yet measured
  • Premisecitation

    These industries are increasingly turning to trade and investment agreements to prevent or slow the global diffusion of these policy innovations.

    “In particular, these industries are increasingly turning to trade and investment agreements to prevent or slow the global diffusion of these policy innovations (Barlow, McKee, Basu, & Stuckler, 2017; Crosbie & Glantz, 2014).”
    Quote in the paperSubstantial claim2 of 2 sources checked
    • cites Barlow, McKee, Basu, & Stuckler, 2017 source

      The Background describes how trade-agreement clauses can discourage governments from introducing health-protective policies, including food and tobacco labelling, through ‘regulatory chill.’ It does not establish that the industries are increasingly turning to these agreements as a strategy to prevent or slow the global diffusion of such policies. (LLM, conf=0.86)

      Experimental — accuracy not yet measured
    • cites Crosbie & Glantz, 2014 source
  • Premisecitation

    For decades, the mere threat of legal action helped create a regulatory chill by blocking, weakening, and delaying public health policies in many countries.

    “For decades, the mere threat of legal action helped create a regulatory chill (Tienhaara, 2011) by blocking, weakening, and delaying public health policies in many countries (Crosbie & Glantz, 2014; Crosbie, Sosa, & Glantz, 2017a)”
    Quote in the paperSubstantial claim1 of 3 sources checked
    • cites Tienhaara, 2011 source
    • cites Crosbie & Glantz, 2014 source
    • cites Crosbie, Sosa, & Glantz, 2017a

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Premisecitation

    A transnational tobacco control network, which includes characteristics of epistemic communities, can influence policymakers as they act as scientific gatekeepers in the policymaking process.

    “This transnational network, which includes characteristics of epistemic communities can influence policymakers as they act as scientific gatekeepers in the policymaking process (Mamudu, Gonzalez, & Glantz, 2011).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Mamudu, Gonzalez, & Glantz, 2011 source
  • Interpretationcitation

    The Australian case illustrates the evolving nature of both the tobacco control norms message and the nature of the messengers to resolve tensions in the tobacco-trade nexus at the domestic level.

    “The Australian case illustrates the evolving nature of both the tobacco control norms message and the nature of the messengers to resolve tensions in the tobacco-trade nexus at the domestic level (Drope & Lencucha, 2013, 2014; McGrady, 2007).”
    Quote in the paperSubstantial claim2 of 3 sources checked
    • cites Drope & Lencucha, 2013

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Drope & Lencucha, 2014 source
    • cites McGrady, 2007 source

      The sections “WHAT POLICIES OUGHT TO BE ADVOCATED?” and “NEED FOR FURTHER RESEARCH” advocate a broader tobacco-control approach that recognises trade objectives and coordinates trade and health policy. But the paper does not discuss an Australian case or show how the message and its messengers evolved there; those parts of the attributed claim are unsupported. (LLM, conf=0.82)

      Experimental — accuracy not yet measured
  • May combine two claims. 33
  • Classified as probably not a substantial claim. 21
  • The quote only partly states this claim. 3

  • May combine two claims.

    Interpretationcitation

    The political success of enacting and implementing SP against international commercial pressure was supported by legal preparation and support, and a whole-of-government approach.

    “The political success of enacting and implementing SP against international commercial pressure was supported by legal preparation and support, and a whole-of-government approach.”
    • Also stated in: § Introduction · plain
      “We argue that the political success of enacting and implementing SP against international commercial pressure was supported by legal preparation and support, and a whole-of-government approach (Lencucha, Drope, & Chavez, 2015).”
    Quote in the paperSubstantial claim1 of 1 sources checked
    • cites Lencucha, Drope, & Chavez, 2015 source

      The Introduction discusses whole-of-government coordination in tobacco control, but the cited paper examines the Philippines’ Interagency Committee–Tobacco rather than a successful enactment and implementation of SP. I searched for SP, packaging, legal preparation, and international commercial pressure; no passage in our copy connects those factors to the claimed political success. The Conclusion instead highlights problems when commercial interests participate in the interagency arrangement. (LLM, conf=0.75)

      Experimental — accuracy not yet measured

  • May combine two claims.

    Interpretationcitation

    This may be more plausible with tobacco, given the increased global consensus concerning the social norms surrounding the harmful effects of tobacco use and the deceitful nature of tobacco companies, including FCTC guidelines that explicitly prohibit government partnerships with the tobacco industry.

    “This may be more plausible with tobacco, given the increased global consensus concerning the social norms surrounding the harmful effects of tobacco use and the deceitful nature of tobacco companies (World Health Organization, 2003) (Gilmore, Fooks, Drope, Bialous, & Jackson, 2015), including FCTC guidelines that explicitly prohibit government partnerships with the tobacco industry.”
    Quote in the paperSubstantial claim1 of 2 sources checked
    • cites World Health Organization, 2003

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Gilmore, Fooks, Drope, Bialous, & Jackson, 2015 source

      Split into 2 atoms — 1 confirmed, 1 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.

      Experimental — accuracy not yet measured

  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationcitation

    The WTO ruling should assist other countries, including the UK, Ireland, France, New Zealand, Slovenia, and Hungary that have enacted SP, and may signal a green light for other countries to implement similar policies, not only for tobacco but also for alcohol and unhealthy foods.

    “The WTO ruling should assist other countries, including the UK, Ireland, France, New Zealand, Slovenia, and Hungary that have enacted SP and may signal a green light for other countries to implement similar policies, not only for tobacco but also for alcohol and unhealthy foods (Emrich, Qi, Lou, & L’Abbe, 2017).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Emrich, Qi, Lou, & L’Abbe, 2017 source

      Split into 2 atoms — 0 confirmed, 0 partially supported, 0 disputed, 0 misattributed, 2 unverifiable. Expand the claim to see per-atom verdicts.

      Experimental — accuracy not yet measured

  • May combine two claims.

    Findingcitation

    Evidence from key actors involved in the process demonstrates that in this setting public health norms (in the form of tobacco control measures) were gaining acceptance even within the sphere of more established economic norms, as trade officials explicitly respected health goals and cited the FCTC as an important international legal commitment.

    “Evidence from key actors involved in the process demonstrate that in this setting public health norms (in the form of tobacco control measures) were gaining acceptance even within the sphere of more established economic norms (Drope & Lencucha, 2014), as trade officials explicitly respected health goals and cited the FCTC as an important international legal commitment.”
    Quote in the paperSubstantial claim1 of 1 sources checked
    • cites Drope & Lencucha, 2014 source

  • May combine two claims.

    Findingcitation

    The tobacco industry's opposition to SP centred on four arguments: that SP would not work, would increase illicit tobacco trade, would create unnecessary problems for retailers, and would violate domestic laws and international treaties governing intellectual property and investment.

    “Their opposition centred around four arguments that SP: (1) would not work, (2) would increase illicit tobacco trade, (3) would create unnecessary problems for retailers, and (4) would violate domestic laws and international treaties governing intellectual property and investment (Chapman & Freeman, 2014).”
    Quote in the paperSubstantial claim1 of 1 sources checked
    • cites Chapman & Freeman, 2014 source

  • May combine two claims.

    Premisecitation

    The food and beverage and alcohol companies continue to be partners in government health processes, which makes their regulation more challenging.

    “The food and beverage and alcohol companies continue to be partners in government health processes (Stuckler & Nestle, 2012), which makes their regulation more challenging (Moodie, Stuckler, & Monteiro, 2013) and thus governments should be cautious of interagency arrangements that include industry representatives.”
    Quote in the paperNot a substantial claim1 of 2 sources checked
    • cites Stuckler & Nestle, 2012 source

      In “Public Health Response to Big Food: A Failure to Act,” the paper describes food companies’ strong ties to governments and says whether to view them as partners is under debate. “Engaging with Big Food—Three Views” reports a UK health minister calling the food and drinks industry part of the solution. These passages support the food-and-beverage aspect, but do not establish that alcohol companies are partners in government health processes. The regulation clause is attributed to a different citation. (LLM, conf=0.84)

      Experimental — accuracy not yet measured
    • cites Moodie, Stuckler, & Monteiro, 2013 source

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Interpretationcitation

    These messengers can help diffuse trade-related health norms and values by spreading visions of expanding health rights in relation to trade worldwide.

    “In turn, these messengers can help diffuse trade-related health norms and values by spreading visions of expanding health rights in relation to trade worldwide (Gonzalez, Green, & Glantz, 2012).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Gonzalez, Green, & Glantz, 2012 source

      The Discussion section, “Understanding and countering tobacco NGOs” (page unavailable), says NGOs diffuse world cultural norms and values by spreading visions of expanding rights. It does not specifically address trade-related health norms or expanding health rights in relation to trade, so the citing sentence applies that general point to a setting the source does not establish. (LLM, conf=0.88)

      Experimental — accuracy not yet measured

  • May combine two claims. The quote only partly states this claim.

    Findingcitation

    Health advocates and legal scholars used communication/framing and counselling/advocacy mechanisms to influence government, including framing SP as a public health issue, emphasising FCTC commitments, and providing legal analysis.

    “The health groups and legal scholars disseminated these strategies using stakeholder communication/framing and counselling/advocacy mechanisms of influence (Viveros, 2017).”
    • Also stated in: § Communication and framing mechanisms · plain
      “Health advocates continuously communicated and framed the SP proposal as a public health issue and did not engage with the industry in serious discussions about trade and investment (Kate Purcell, 2015; Lynn Roberts, 2015; Michael Moore, 2015; Rob Moodie, 2015; Simon Chapman, 2015).”
    • Also stated in: § Communication and framing mechanisms · plain
      “Instead of being drawn into debating the government’s international trade and investment obligations, health advocates stressed the importance of ‘Australia’s international legal commitment to the FCTC’ (Kate Purcell, 2015; Lynn Roberts, 2015; Michael Moore, 2015; Rob Moodie, 2015; Simon Chapman, 2015).”
    Quote in the paperSubstantial claim0 of 3 sources checked
    • cites Viveros, 2017

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Kate Purcell, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Lynn Roberts, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims. The quote only partly states this claim.

    Findingcitation

    Department of Health politicians and officials credited health advocates and legal scholars, and Minister Roxon's leadership, for the successful introduction and implementation of SP.

    “The Department of Health politicians and officials interviewed for this study credited communication and advice from the health advocates and legal scholars for their part in the successful introduction and implementation of SP (Chris Picton, 2015; Nicola Roxon, 2015).”
    • Also stated in: § Department of Health responses to health advocacy to confront commercial opposition · plain
      “It should be noted that several advocates and policymakers also praised Minister Roxon’s political leadership in helping to secure and eventually implement SP.”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Chris Picton, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Nicola Roxon, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingnone given

    Tobacco companies legally challenged SP, but as of February 2018 failed with each legal challenge.

    “Tobacco companies legally challenged SP, but as of February 2018 failed with each legal challenge.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Findingcitation

    On 21 November 2011, the Australian government became the first country to enact tobacco standardised packaging, requiring drab dark brown packages with pictorial health warnings and only brand name and variants in plain font.

    “On 21 November 2011, the Australian government became the first country to enact tobacco standardised packaging (SP) (Commonwealth of Australia, 2011b), which required tobacco products to be sold in drab dark brown packages with pictorial health warning labels and that only include the brand name and variants in plain font on the front and top of the package (Figure 1).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Commonwealth of Australia, 2011b

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingcitation

    Health advocates and legal scholars met with government officials to highlight legal risks, recommend setting aside litigation funds, and alert them to the historical and manipulative nature of industry legal attacks.

    “Health advocates and legal scholars met directly with government officials and policymakers to highlight the legal implications and risks of SP (Mark Davison, 2015; Nicola Roxon, 2015; Tania Voon, 2015).”
    • Also stated in: § Counselling and advocacy mechanisms · plain
      “In particular, advocates and legal scholars recommended that government officials and policymakers consider setting aside adequate funds to defend SP against potential industry challenges.”
    • Also stated in: § Counselling and advocacy mechanisms · plain
      “Health advocates and legal scholars also alerted government officials and policymakers to the historical and manipulative nature of industry legal attacks (Kate Purcell, 2015; Nicola Roxon, 2015; Rachel Siewert, 2015; Rob Moodie, 2015; Simon Chapman, 2015).”
    Quote in the paperNot a substantial claim0 of 3 sources checked
    • cites Mark Davison, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Nicola Roxon, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Tania Voon, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingcitation

    In 2009, Australia's National Health Taskforce recommended standardised packaging, and the Australian government announced it in April 2010.

    “In 2009, Australia’s National Health Taskforce recommended SP, which the Australian government announced in April 2010.”
    • Also stated in: § Tobacco control context in Australia and SP introduction · plain
      “In June 2009, the Taskforce delivered its final report to the Department of Health and Ageing, which aimed at reducing the smoking prevalence from 17% in 2008 to 10% (National Preventative Health Taskforce, 2009). The Taskforce recommended several policies to achieve this goal, including tobacco SP, which was formally introduced on 29 April 2010 (CNN Wire Staff, 2010).”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites National Preventative Health Taskforce, 2009

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites CNN Wire Staff, 2010

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingown data

    National public health groups in Australia developed strategies to address commercial opposition to SP, including mobilising legal scholars and agreeing to frame SP through unique harms of tobacco, FCTC commitment, exposing industry legal attacks, and providing legal analysis.

    “In addition to opposing industry arguments concerning retailers, smuggling and the effectiveness of SP, the national public health groups in Australia, including the Public Health Association, Australia, the Cancer Council, and the National Heart Foundation of Australia, developed strategies to address the commercial opposition to SP.”
    • Also stated in: § Health advocacy strategies developed in response to commercial opposition · plain
      “Following initial meetings and discussions, health groups and legal scholars agreed to consistently frame SP through the unique harms of tobacco, emphasise the Australian government’s international legal commitment to the FCTC, expose the historical and manipulative nature of industry legal attacks, and provide legal analysis of potential trade and investment challenges.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Findingcitation

    Following parliamentary readings, on 21 November 2011, the Australian parliament passed the SP Bill, with the new format to come into effect on 1 December 2012.

    “Following the parliamentary readings, on 21 November 2011, the Australian parliament passed the SP Bill (Commonwealth of Australia, 2011a), with the new SP format to come into effect on 1 December 2012.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Commonwealth of Australia, 2011a

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingcitation

    The Australian government did not attempt to weaken or delay standardised packaging (SP) during the implementation stage, unlike other countries that enacted strong tobacco packaging and labelling policies.

    “Unlike other countries that enacted strong tobacco packaging and labelling policies (Hiilamo et al., 2014), the government did not attempt to weaken or delay SP during the implementation stage.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Hiilamo et al., 2014

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingown data

    Minister Roxon consistently framed SP as a public health issue and used a whole-of-government approach, ensuring Cabinet ministers understood health implications and invoking FCTC commitments.

    “In response to the tobacco companies’ efforts to shift the debate towards trade and investment, Minister Roxon consistently framed SP as an issue of public health and the protection of children.”
    • Also stated in: § Ministerial framing and communication · plain
      “In drafting the SP Bill, Minister Roxon ensured that Cabinet ministers from the Department of Finance and the DFAT clearly understood the health implications of the legislation.”
    • Also stated in: § Ministerial framing and communication · boosted
      “Additionally, Minister Roxon helped limit internal misconceptions and conflicts by strongly invoking the government’s international legal commitment to the FCTC.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Findingnone given

    As of February 2018, no formal ruling had been issued by the WTO, although a formal ruling was expected in mid-2017.

    “Although a formal ruling was expected in mid-2017, as of February 2018, no formal ruling has been issued by the WTO.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Findingcitation

    Former Trade Minister Craig Emerson affirmed that the government's approach rested on strong legal grounds, with lawyers confirming SP was consistent with Australia's international trade legal obligations.

    “Echoing similar statements, former Trade Minister Craig Emerson (2010–2013) affirmed that the government’s approach rested on strong legal grounds, with lawyers from both the Attorney General’s office and DFAT confirming that SP was consistent with Australia’s international trade legal obligations (Craig Emerson, 2015).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Craig Emerson, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Findingcitation

    Politicians and officials from Health and Trade Departments stated that communication and collaboration among Departments and across Cabinet was key to addressing legal issues with SP.

    “The politicians and officials from the Health and Trade Departments interviewed for this study stated that the communication and collaboration among Departments and across Cabinet was key to addressing any potential legal issue with SP (Chris Picton, 2015; Craig Emerson, 2015; Nicola Roxon, 2015).”
    Quote in the paperNot a substantial claim0 of 3 sources checked
    • cites Chris Picton, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Craig Emerson, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Nicola Roxon, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims. The quote only partly states this claim.

    Findingcitation

    MPs from the Labor and Green parties credited health advocates and legal scholars for addressing commercial opposition, while Liberal and National MPs had legal concerns and reiterated industry arguments about legal risk.

    “MPs from the Labor and Green parties interviewed for this study also credited the health advocates and legal scholars for their part in communication and counselling the need to address the commercial opposition to SP (Anne McEwen, 2015; Jan McLucas, 2015; Peter Whish-Wilson, 2015; Rachel Siewert, 2015; Richard Di Natale, 2015; Rob Mitchell, 2015; Warren Snowdon, 2015).”
    • Also stated in: § Parliament responses to health advocacy encouragement to confront commercial opposition · plain
      “MPs from the Liberal and National parties interviewed for this study stated they had minimal contact with health advocates (Andrew Southcott, 2015; Anonymous interviewee, 2015). These MPs had legal concerns related to SP and although they felt it was important to protect public health, they argued there were some ‘legal uncertainties’ pertaining to SP (Andrew Southcott, 2015; Anonymous interviewee”
    Quote in the paperSubstantial claim0 of 3 sources checked
    • cites Anne McEwen, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Andrew Southcott, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Anonymous interviewee, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingcitation

    In response, tobacco companies challenged the SP legislation domestically in the High Court and internationally through an Australian-Hong Kong BIT, and supported a WTO challenge.

    “In response, the tobacco companies challenged the SP legislation, both domestically in Australia’s High Court (High Court of Australia, 2012) and internationally through an Australian-Hong Kong bilateral investment treaty (BIT) (Allens Arthur Robinson, 2011), in addition to supporting a challenge through the WTO (World Trade Organization, 2014).”
    Quote in the paperSubstantial claim0 of 3 sources checked
    • cites High Court of Australia, 2012

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Allens Arthur Robinson, 2011

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites World Trade Organization, 2014

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingnone given

    Health advocates anticipated industry commercial opposition and recruited legal scholars with expertise in international trade and investment to help form a broad network of support.

    “In terms of evolving messengers, health advocates anticipated industry commercial opposition and recruited legal scholars with expertise in international trade and investment to help form a broad network of support.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim.

    Findingreasoning

    Advocate and policymaker interviewees said that it would have been difficult for successive governments to weaken or overturn SP.

    “advocate and policymaker interviewees said that it would have been difficult for successive governments to weaken or overturn SP (Andrew Southcott, 2015; Craig Emerson, 2015; Lynn Roberts, 2015; Nicola Roxon, 2015; Rob Moodie, 2015).”
    Quote in the paperSubstantial claim0 of 3 sources checked
    • cites Andrew Southcott, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Craig Emerson, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Lynn Roberts, 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Findingcitation

    Key framing and communication mechanisms in the tobacco-trade nexus involved couching arguments in language familiar to trade policy officials and emphasising Australia's international legal commitments to health agreements, including the FCTC.

    “In terms of evolving messages in the tobacco-trade nexus, key framing and communication mechanisms involved effectively couching arguments more consciously in language familiar to trade policy officials (Drope & Lencucha, 2013), and emphasising Australia’s international legal commitments to health agreements, including the FCTC.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Drope & Lencucha, 2013

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S4 (based).

    Findingnone given

    Minister Roxon had the ability to communicate the health objectives and legality of SP against commercial pressure, in language familiar to other Ministers.

    “Minister Roxon had the ability to communicate the health objectives and legality of SP against commercial pressure, in language familiar to other Ministers.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Findingcitation

    The Australian government defended SP against the constitutional and PMI investment challenges, and these efforts were successful.

    “These efforts were successful as the Australian government defended SP against the constitutional, PMI investment challenges.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    The WHO Framework Convention on Tobacco Control established guidelines, obligations, and standards for treaty parties to reduce tobacco use.

    “These norms have been further institutionalised through the adoption of the WHO Framework Convention on Tobacco Control (FCTC), which established a set of guidelines, obligations, and standards for treaty parties to reduce tobacco use (World Health Organization, 2003).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites World Health Organization, 2003

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Classified as probably not a substantial claim.

    Study design and conductreasoning

    The sample of 19 interviewees involved a sufficient number of key actors to enable the analysis.

    “This sample involved a sufficient number of key actors to enable the analysis of the strategies developed in response to commercial opposition, the mechanisms of influence both outside and within government, and the coordinated efforts by different governmental sectors.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim. May combine two claims.

    Study design and conductown data

    Results from the sources were triangulated and thematically analyzed.

    “Results from these sources were triangulated and thematically analyzed.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given

    Governments seeking to introduce other world's-first health policies to reduce NCDs should expect aggressive opposition by the relevant industries to prevent the diffusion of innovative practices worldwide.

    “Governments seeking to introduce other world’s-first health policies to reduce NCDs should expect aggressive opposition by the relevant industries to prevent the diffusion of innovative practices worldwide.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Study design and conductnone given

    To protect attorney-client privileges, policymakers in the Health Department and DFAT could not discuss the legal advice given to the Prime Minister surrounding the legal challenges against Australia.

    “To protect attorney-client privileges, policymakers in the Health Department and DFAT could not discuss the legal advice given to the Prime Minister surrounding the legal challenges against Australia.”
    Quote in the paperNot a substantial claim

  • May combine two claims.

    Interpretationreasoning

    The tobacco company losses to Australia in domestic and international courts are part of a greater international trend that should also help governments minimise legal risks.

    “The tobacco company losses to Australia in domestic and international courts are part of a greater international trend that should also help governments minimise these legal risks.”
    Quote in the paperSubstantial claim

  • May combine two claims.

    Interpretationreasoning

    These victories against the industry provide greater legal clarity surrounding a country's sovereign right to implement public health regulations and should assist other countries, including Canada, South Africa, Panama, Brazil, Turkey, Malaysia, and Chile, which, as of February 2018, had announced plans to introduce SP.

    “These victories against the industry provide greater legal clarity surrounding a country’s sovereign right to implement public health regulations and should assist other countries, including Canada, South Africa, Panama, Brazil, Turkey, Malaysia, and Chile, which, as of February 2018, had announced plans to introduce SP (Canadian Cancer Society, 2017).”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Canadian Cancer Society, 2017

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationcitation

    Whole-of-government approaches to regulation should help minimise commercial pressures through policy coherence and coordination.

    “Nevertheless, whole-of-government approaches to regulation should help minimise commercial pressures through policy coherence and coordination (Greer & Lillvis, 2014).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Greer & Lillvis, 2014 source

  • May combine two claims.

    Interpretationcitation

    The collaborative whole-of-government approach enhanced policy coherence and accountability.

    “This collaborative approach minimised conflicting departmental objectives, enhanced policy coherence and accountability (Greer & Lillvis, 2014), and incorporated health considerations into the decision-making process across all sectors (Wilkins, 2002).”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Greer & Lillvis, 2014 source

  • May combine two claims.

    Interpretationreasoning

    Our research demonstrates that advancing world-first policies and protecting them against international commercial opposition is possible with legal preparation and support and a whole-of-government approach.

    “Our research demonstrates that advancing world first policies and protecting them against international commercial opposition is possible with legal preparation and support and a whole-of-government approach.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: There was largely bipartisan political support for SP in Australia.

  • May combine two claims.

    Premisecitation

    PMI lost a BIT investment challenge against Uruguay, with a similar ruling in the arbitration process.

    “Additionally, PMI lost a BIT investment challenge against Uruguay, with a similar ruling in the arbitration process (Crosbie et al., 2017a).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Crosbie et al., 2017a

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Study design and conductnone given

    The authors were unable to interview anyone from the tobacco industry.

    “We were also unable to interview anyone from the tobacco industry.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

    Interpretationcitation

    Health groups can use their access to policymakers to strengthen the effectiveness of their advocacy role acting as a public health conscience and expose obstructionist positions by tobacco companies during negotiations.

    “In particular, health groups can use their access to policymakers to strengthen the effectiveness of their advocacy role acting as a public health conscience and expose obstructionist positions by tobacco companies during negotiations (Collin, Lee, & Bissell, 2002).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Collin, Lee, & Bissell, 2002 source

  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning

    The Australian SP case underscores the importance of legal preparation and support and a whole-of-government approach to reducing NCDs.

    “It underscores the importance of legal preparation and support and a whole-of-government approach to reducing NCDs.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Study design and conductnone given

    The authors were unable to interview anyone in the Department of Finance to achieve a more complete understanding of whole-of-government approach to SP.

    “We were unable to interview anyone in the Department of Finance to achieve a more complete understanding of whole-of-government approach to SP.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    The seventieth World Health Assembly global action plan to address NCDs calls for enhancing multi-sectorial and multi-stakeholder advocacy, engagement and action that supports whole-of-government approaches across sectors beyond health.

    “The seventieth World Health Assembly (2017) global action plan to address NCDs calls for the ‘need to enhance multi-sectorial and multi-stakeholder advocacy, engagement and action that supports whole-of-government approaches across sectors beyond health’ (World Health Organization, 2017).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites World Health Organization, 2017

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationcitation

    Governments should be wary of interagency arrangements that permit the inclusion of industry representatives as this can contradict health objectives.

    “However, governments should be weary of interagency arrangements that permit the inclusion of industry representatives (e.g. the Philippine Interagency Committee-Tobacco) as this can contradict health objectives (Lencucha, Drope, et al., 2015).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Lencucha, Drope, et al., 2015

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Premisecitation

    The UK and Indian High Courts upheld strong tobacco packaging and labelling regulations, concluding that governments could restrict the use of trademarks and that this was not expropriating their intellectual property rights.

    “The UK (High Court of England and Wales, 2016) and Indian (Rana, 2016) High Courts upheld strong tobacco packaging and labelling regulations, concluding that governments could restrict the use of trademarks and that this was not expropriating their intellectual property rights.”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites High Court of England and Wales, 2016

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Rana, 2016

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Study design and conductown data

    Some Cabinet members and officials from the DFAT declined requests to be interviewed for this study, limiting a complete understanding of how the Rudd, Gillard, Abbott, and Turnbull administrations responded to tobacco industry legal threats and challenges.

    “Some Cabinet members and officials from the DFAT declined requests to be interviewed for this study, limiting a complete understanding of how the Rudd, Gillard, Abbott, and Turnbull administrations responded to tobacco industry legal threats and challenges.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

    Interpretationreasoning

    Health groups can help governments minimise legal risks by providing legal assistance and counselling to policymakers.

    “Despite these individual circumstances, health groups can help governments minimise these legal risks by providing legal assistance and counselling to policymakers.”
    Quote in the paperNot a substantial claim
47 of 47

  • The paper relies on this without support.

    There was largely bipartisan political support for SP in Australia.

    “Given the public support for SP (Swift et al., 2015), and the largely bipartisan political support, advocate and policymaker interviewees said that it would have been difficult for successive governments to weaken or overturn SP (Andrew Southcott, 2015; Craig Emerson, 2015; Lynn Roberts, 2015; Nicola Roxon, 2015; Rob Moodie, 2015).”
1 of 1

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

  • Interviewee categories add up to 18, not 19

    Minor

    The listed interviewee categories total 18, although the paper states that 19 people were interviewed.

    Reported 19 · recomputed 18

1 of 1

Cites

Flagged first, then by citations

Research works printed but not linked: 1

  1. Crosbie E., New Zealand Medical Journal

Cited by

Still being checked.

Related

Authors
Crosbie, E., Thomson, G., Freeman, B., & Bialous, S.
Affiliations
  • University of California, San Francisco (US)
  • University of Otago (NZ)
  • The University of Sydney (AU)
Corresponding author
Crosbie, Eric
ORCID
Venue
Global Public Health
Publisher
Informa UK Limited
Published
2018-02-27
Volume
13
Issue
12
Pages
1753-1766
ISSN
  • 1744-1692 (ISSN-L)
  • 1744-1706
DOI
10.1080/17441692.2018.1443485
PMC
PMC6110984
OpenAlex
W2792648017
Semantic Scholar
9fea2d3f6a96bc9a36dcaa3c3c6c6192101b3b53
Cited by
46
References
41
Citations by year
2026: 3 · 2025: 3 · 2024: 4 · 2023: 6 · 2022: 6 · 2021: 12 · 2020: 5 · 2019: 5 · 2018: 2
FWCI
9.92
Type
journal article
Language
en
Open access
Locations
  • Global Public Health (publishedVersion)
  • PubMed (publishedVersion)
  • Europe PMC (PubMed Central) (acceptedVersion)
  • PubMed Central (acceptedVersion)
  • eScholarship (California Digital Library) (submittedVersion)
Funders
  • Tobacco-Related Disease Research Program
  • University of California
  • National Cancer Institute (2T32 CA113710-11)
  • Mackay California-Pacific Rim Tobacco Policy (25MT-0033)
  • Dissertation Research Award (24DT-0003)
Topics
  • Social Sciences › Business, Management and Accounting › Organizational Behavior and Human Resource Management › Global Public Health Policies and Epidemiology
  • Health Sciences › Medicine › Physiology › Smoking Behavior and Cessation
  • Health Sciences › Health Professions › General Health Professions › Public Health Policies and Education
Keywords
non-communicable diseases, tobacco litigation, intellectual property, health advocacy, whole-of-government approach, tobacco control, Australia
MeSH terms
Noncommunicable Diseases, Australia, Consumer Advocacy, Counseling, Health Policy, Humans, International Cooperation, Interviews as Topic, Databases, Factual, Product Packaging, Tobacco Industry, Government Regulation, Dissent and Disputes, Qualitative Research

About these checks

Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-30.

Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-30.

Cited sources are checked by gpt-6-sol.

Statistics and arithmetic are recomputed, not judged.

Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.

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