Plain tobacco packaging Kong investor in order to use the investor-state dispute settlement provisions in the Australia-Hong Kong Bilateral Investment treaty (BIT). Immediately following the passage of legislation on 21 November 2011, Philip Morris announced it had served a notice of arbitration under Australia's Bilateral Investment Treaty with Hong Kong, seeking the suspension on the plain packaging laws and compensation for the loss of trademarks. Allens Arthur Robinson represented Philip Morris. In response, Health Minister Nicola Roxon stated that she believed the government was "on very strong ground" legally, and that the government was willing to defend the measures. The continuance of trade
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