THE tobacco industry’s product is the only one of its kind that, when used exactly as intended, kills and maims most of it users. 

The Centers for Disease Control in Atlanta, Georgia, has stated: “For every person who dies from a smoking-related disease, 20 more people suffer with at least one serious illness from smoking.”

This month was a great triumph for public health and an important conquest for an ailing Labor Party.

The High Court dealt with five questions and the giant tobacco companies must have been really hurting when the court said “no” to them four times and on the fifth matter: pay your own costs and those of the Government.

Big Tobacco tried to put on a brave face – but it was still glowing red from such a resounding slap on the cheek.

Federal Attorney-General Nicola Roxon has pursued the industry mercilessly with the result that they are being harmed in the way their toxic products have harmed so many Australians and continue to do so.

As Health Minister she introduced plain packaging, secured the support of the Parliament and got the legislation through. As Attorney-General she has been able to lead the fight to defend the legislation in the High Court.

Look how Big Tobacco is squirming. It knows other countries are likely to follow suit. This is why it will continue to use its formidable resources to oppose this move in whatever way it can.

In the public arena, it is warning about black-market tobacco. While it’s an issue, it is being deliberately exaggerated in the forlorn hope that someone will listen.

The same sort of rhetoric came from the Australian Retailers’  Association. It has effectively become the tobacco companies’ mouthpiece. The association’s executive director Russell Zimmerman said: “Retailers now face the costs of plain-packaging transactions, which will see a significant increase in the time taken to complete a transaction as all products will be near identical. Transaction time increases are estimated to cost businesses up to half a billion dollars, which is the equivalent of 15,000 jobs.”

Half a billion dollars! 15,000 jobs! From plain packaging of tobacco? This is just plain balderdash and the same sort of rhetoric that we heard every time smoking restrictions were placed on such places as cafes, restaurants, pubs and clubs.

We were told that restaurants and pubs would not survive, yet the reality is that they have flourished without staff and other patrons being forced to breathe toxic clouds of second-hand smoke.

The president of the Australian Council on Smoking and Health, Prof Mike Daube, who has been campaigning against the tobacco companies for four decades, described the High Court decision as ”the global tobacco industry’s worst defeat”. He did so not just because of the impact on Australians, but because of the international ramifications.

The tobacco companies are not resting. Next, they will go to the World Trade Organisation. They need to attempt to stop this plain packaging cascading through the developed and later the developing world if they are to continue selling their toxic product. However, this process will take up to two years and the plain packages will be well established.

On the same day as the High Court made its decision, ACT Chief Minister, Katy Gallagher, announced there would be a needle and syringe exchange program in Canberra’s jail. Two significant health-protection measures announced on the same day – a great day for community health. And it came about because some politicians believed in the importance of community well-being before the interests of the powerful and the dominant.

Michael Moore was an independent member of the ACT Legislative Assembly (1989 to 2001) and was minister for health. He is CEO of the Public Health Association of Australia