The government of Fiji refused to allow Japan Tobacco to register a trademark containing an image of a dove holding in its beak what appeared to be an olive branch with the word “PEACE” underneath. Two churches had objected to the proposed trademark as being immoral and highly demeaning of a Christian symbol. The court upheld the government’s decision, finding that use of such a trademark would be deceptive and offend the religious beliefs of a substantial portion of Fiji’s population. The court also found that the use of the word “PEACE” gave a subliminal message that only good can come from the use of the product, despite the acknowledged dangers of smoking.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging.
(See FCTC Art. 11)
Regulations may infringe on intellectual property rights, which may be protected by international treaties. The industry may argue that bans on "deceptive" packaging that eliminate the use of colors, numbers or trademarks threaten intellectual property rights.
The government of Fiji refused to allow Japan Tobacco to register a trademark containing an image of a dove holding in its beak what appeared to be an olive branch with the word “PEACE” underneath. Two churches had objected to the proposed trademark as being immoral and highly demeaning of a Christian symbol. The court upheld the government’s decision, finding that use of such a trademark would be deceptive and offend the religious beliefs of a substantial portion of Fiji’s population. The court also found that the use of the word “PEACE” gave a subliminal message that only good can come from the use of the product, despite the acknowledged dangers of smoking.