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The Court held that although the IP rights and other related rights of tobacco companies may be restricted as a result of the plain packaging laws, the restriction imposed by this law does not involve the accrual of a benefit of a proprietary character to the Commonwealth which would constitute an acquisition .[5] Legal arguments against plain packaging laws have been raised on the grounds that it violates Art 20 of TRIPS, 1994

There was resistance from the Hotel sector, restaurants and bars which alleged a loss of customers

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Food and Drug Administration (FDA) is working to end the sale of menthol cigarettes and flavored cigars, with new rules currently with the White House for final review