Proponents of the laws enactment argue that it will restrict the use of colors, brand imagery, logos, and promotional texts. Inclusions in the product create the effect of its appeal to consumers. The government uses the legislation to make the product less appealing especially to the young (Australian Government, Common Law 2011). As a result, plain cigarette packaging is an initiative to reduce cigarette consumption. The government expresses concerns of citizens health and discourages commodities, such as tobacco.
Product homogeneity is very instrumental in standardizing competition. Tobacco manufacturers use packaging to differentiate their products and make it attractive than others. The government intends discourage unfair competition that might affect the performance of small industries. Plain cigarette packaging comes along with product homogeneity that standardizes commodities. When packaging of cigarettes appeal in the same way to consumers, they will not reestablish brand loyalty (Davey, 2014). Therefore, the legislation eliminates unfair competition caused by well-established industries to small ones.
Consumers tend to buy a product not because they are in need of it, but the packaging persuades them to acquire. Consequently, packaging causes impulse buying as consumers purchase products without an active decision-making process. The legislation on plain cigarette packaging achieves to encourage cigarette consumers to go through a proper decision-making process before deciding to buy the product (Walsh et al., 2008). Plain packaging standardizes the product and makes it consumers buy it only to satisfy their needs must not because of its appeal.
The government imposition of plain cigarette packaging undermines trademark law. It also breaches intellectual property rights as well as international trade arguments.