A tobacco company says it is wrong of federal Attorney-General Nicola Roxon to comment on Australian-branded cigarettes on sale in Europe, because a court battle over plain packaging is looming.
Ms Roxon says branding Winfield cigarettes in European markets with kangaroos and a map of Australia is sneaky and inappropriate.
A government official found the cigarettes, made by British American Tobacco, for sale in the European parliament.
"This is yet another time where tobacco companies are misleading the public about their product," Ms Roxon told journalists in Melbourne on Friday.
"They are trying to imply to the European market that this is something that Australia promotes, that this is something that Australians prefer, that this is somehow connected with our healthy lifestyle."
She suggested the same pack design might appear here.
"We do know that they have re-registered these exact trademarks here in Australia last year as the bills introducing plain packaging were being passed through the parliament."
The Australian arm of the British American Tobacco Group was asked for comment on this claim.
Earlier, it said it was not involved in the marketing or manufacturing of Winfield cigarettes in France.
But it said Winfield tobacco branding in Australia was the subject of High Court proceedings to be heard in April.
This is the legal challenge to the plain packaging laws which Ms Roxon led through parliament in her role as health minister last year.
British American Tobacco Australia (BATA), Phillip Morris and Imperial Tobacco are challenging the laws which will require cigarettes to be sold in drab olive-brown packs from December.
Ms Roxon will now oversee the government's defence in her new position as attorney-general.
"Unfortunately BATA cannot discuss matters that are currently before the High Court," a spokesman for the company said in a statement on Friday.
"We are concerned that the attorney-general has not respected the same High Court protocol by commenting in the manner she has."
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