For this post I will be omitting legalese and in simple words attempt to explain why the breach of Intellectual Property rights due to the imposition of plain tobacco/cigarettes packaging by the Irish government is a very poor argument.
i) The Irish Constitution guarantees the citizen the right to life.
ii) EU and national consumer protection legislation protect consumers from misleading advertising and danger to health.
iii) Poisoning is a serious criminal offence.
I was a smoker on and off for a good total of 20 years of my life. When I started smoking everyone did; we were made to believe smoking would not only make us hip and socially acceptable, but it would also take us on a great adventure in the mountains, in cowboy attire, preferably on a horse.
It was unthinkable to be at the Disco in the company of kindreds with a drink and no smoke in our hand. When we became of age the first thing we did was choose our smoking brand. I chose Camel Lights. Do you remember Joe Camel? He was a handsome dude – the packaging itself was an advertisement (the picture on the left is an actual ad from 1993).
Do you think I would have chosen Camel if there was no camel on it? Do you think I would have switched to Benson & Hedges if the packaging was not gold? And when I eventually wanted something heavier, would I have turned to Davidoff had it not had such posh packaging? NO.
Thankfully, older kids – because that is what we were, kids – rolled their own tobacco and so, following that trend, I saved myself from a lot of chemicals added to ready made cigarettes. But even that packaging was alluring. With Dutch emblems and motos, among others, we felt more than hip; we felt like kings! Additionally, changing a fresh tobacco brand is not as easy as interchanging dried tobacco products, as the difference in both the taste and smoke sensitivity was grave among varieties.
Two years ago my right hand started producing red patches at the joints. I immediately assumed it was arthritis as it runs in my family. Soon after both hands had patches with the right hand starting to hurt and swell. A month later I was in so much pain I could not hold a pen. I had already started arthritis treatment, which was by all means ineffective. One morning I woke up to purple, swollen hands and feet with extreme vascular augmentation. I was given blood thinning medication and ordered to quit smoking immediately. My limbs have still not recovered completely and, two years later, I still cough productively a few times a day.
I do not want my children, or any other children, to meet Joe Camel.
Fancy packaging is indirect advertising, it has nothing to do with intellectual property – how fancy can you make your logo?
Tobacco advertising is illegal.
Deal with it!
Cibus {per} Mentis 