Darwin tobacconist Colin Thompson must display specified anti-smoking posters in his shop for three months, the Federal Court has confirmed.
The court found Mr Thompson had breached court enforceable undertakings given to the Australian Competition and Consumer Commission in April. Today's orders were made by consent.
Mr Thompson had previously acknowledged that he breached the mandatory information standard for tobacco products by obscuring the required health warnings on anti-smoking posters with a sticker promoting his own addiction curing services.
The court has now ordered Mr Thompson to display the specified posters for a further three months and pay ACCC court costs as agreed.
"Mandatory health warnings on cigarette packages provide continuing reminders to consumers on the health impacts of smoking, seek to dissuade people from taking up smoking and encourage them to quit," ACCC Chairman Graeme Samuel said today. "By obscuring these warnings Mr Thompson breached an important provision of the Trade Practices Act designed to inform consumers about health risks."
"Court enforceable undertakings usually offer a cost-effective and fast means of protecting consumers. When traders renege on the commitments made the ACCC will vigorously pursue them.
"This matter was filed in the Federal Court on July 2 2009 and resolved at its first directions hearing. This illustrates that the ACCC will seek very timely court outcomes.
Mr Graeme Samuel, Chairman, (02) 6243 1131 or 0408 335 555
Ms Lin Enright, Media, (02) 6243 1108 or 0414 613 520Release # NR 187/09
Infocentre 1300 302 502