Plain tobacco packaging and investment proceedings on the issue has been described as an affront to the rule of law in Australia. Dr Patricia Ranald, Convener of the Australian Fair Trade and Investment Network said that big tobacco and other global corporations are lobbying hard to include the right of foreign investors to sue governments in the current negotiations for a Trans-Pacific Partnership Agreement (TPPA). Philip Morris International lost its case in December 2015. In November 2011, British American Tobacco announced that it would challenge the laws in the High Court as soon as they gained royal assent. In August 2012, the High
Tobacco packaging warning messages anti-smoking campaigns by placing the new warnings on packaging violates the companies' free speech rights. Additionally, R.J. Reynolds, Lorillard, Commonwealth Brands Inc., Liggett Group LLC and Santa Fe Natural Tobacco Company Inc. claimed that the graphic labels are an unconstitutional way of forcing tobacco companies to engage in anti-smoking advocacy on the government's behalf. A First Amendment lawyer, Floyd Abrams, represented the tobacco companies in the case, contending that requiring graphic warning labels on a lawful product cannot withstand constitutional scrutiny. The Association of National Advertisers and the American Advertising Federation also filed a brief in the suit, arguing that