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Tobacco industry ‘should be sued by government’ over smokers’ health costs

Clear the Air says:
When can we expect this insipid SAR Government to stand up for its citizens’ rights and sue Big Tobacco in Hong Kong for the costs of health care caused by their wretched product ?

PS
Don’t hold your breath.
It seems the Financial Secretary, aka the Almighty, prefers the Profits Tax income from the enhanced addictive drug peddling murderers instead.

http://www.theguardian.com/society/2015/feb/25/tobacco-industry-should-be-sued-by-government-over-smokers-health-costs

Australian Council on Smoking and Health says new research showing smokers’ mortality rates is ‘a national catastrophe’

The Australian government should sue the tobacco industry after landmark research found Australian smokers have a three times greater chance of dying today than a lifelong non-smoker, the president of the Australian Council on Smoking and Health says.

Up to 1.8m of Australia’s 2.7m smokers are likely to die from their habit if they continue to smoke, losing an average of 10 years of life expectancy, the first Australian large-scale study on smoking and mortality, published in the international journal BMC Medicine, found.

The study findings highlighted the extreme hazards faced by the 13% of Australians who smoked, an author of the study and director of the University of Melbourne’s global burden of disease group, Professor Alan Lopez, said.

“Australia still has a smoking problem,” he said. “Saying Australians are getting fatter, and shifting the focus towards diet and obesity should not mean we forget about tobacco, which is still a major public health problem.”

The research was led by Sydney’s Sax Institute using data from their 45 and Up study. Researchers linked health information from 204,953 study participants aged 45 and over from NSW, with data from the register of births, deaths and marriages.

Previous research from the Sax Institute found pack-a-day smokers had a fourfold risk of dying early, while the risk of death for lighter smokers was more than doubled.

The president of the Australian Council on Smoking and Health, Mike Daube, said the study revealed smoking as a “national catastrophe” because even though Australia had among the lowest smoking rates in the word, its effects were widespread.

“That smoking will kill 7.5% of Australians means it deserves a massively increased focus, and we need to keep increasing taxes on tobacco, step up public health campaigns and limit the number of outlets that sell it,” Daube said.

“It is time for the Australian government to follow what the US did about 20 years ago and sue the tobacco industry for costs incurred because of smoking, and force them to make internal documents public.

“That would bring in tens of billions of dollars which would help the budget, and enable stronger action on smoking.”

Known as the Master Settlement Agreement, the 1998 court action involved 46 US states and several of the largest US tobacco companies. The tobacco industry was forced to pay the states more than US$200bn in compensation and make public previously secret documents.

The chief executive of the Public Health Association of Australia, Michael Moore, said the research confirmed smoking as Australia’s most preventable cause of death and disease, killing even more people than previously believed.

It meant politicians and policymakers must do “everything possible” to encourage smokers to quit, he said.

“We cannot stand by and see yet more generations of Australians dying, often painful deaths, because they smoked,” he said.

“Public health leaders campaign on smoking not because of any moral fervour, but because it kills people. Now we know that it kills even more than we had thought. That is cause for deep concern and a call for strengthened action.”

Tobacco Control in Hong Kong = build more hospitals

http://www.budget.gov.hk/2016/eng/budget35.html

Investing in Healthcare

129. Recurrent expenditure on medical and health in 2016-17 is $57 billion, accounting for 16.5 per cent of recurrent government expenditure. This represents an increase of more than 90 per cent when compared with a decade ago. To cope with an ageing population, Government has set aside a dedicated provision of $200 billion for a ten-year hospital development plan to enable the Hospital Authority (HA) to expand and upgrade healthcare facilities in a more flexible and long-term manner.

130. The development plan is a vast investment. It will provide 5 000 additional hospital beds, representing an increase of 18 per cent. Operating theatres will increase by 40 per cent to 320. Specialist outpatient service capacity will increase substantially by 40 per cent from 6.8 million to 10 million attendances a year. At the district level, community health centres will be set up in Mong Kok, Shek Kip Mei and North District. Additional services for 410 000 attendances will be provided at the general outpatient clinics each year.

131. The development plan will cover the redevelopment and expansion of a number of hospitals including Kwong Wah Hospital, United Christian Hospital, Queen Mary Hospital, Kwai Chung Hospital, Prince of Wales Hospital, Haven of Hope Hospital, Our Lady of Maryknoll Hospital, Operating Theatre Block of Tuen Mun Hospital, North District Hospital, Lai King Building of Princess Margaret Hospital and Grantham Hospital.

132. As for new hospital projects, an acute general hospital will be built in the Kai Tak Development Area. The two-phased project will be commissioned in ten years and will provide 2 400 beds and facilities such as an oncology centre and the first neuroscience centre in Hong Kong.

133. Government will allocate $10 billion to HA to set up an endowment fund to generate investment returns for enhancing public-private partnership programmes. Government will also provide a loan of $4 billion to the Chinese University of Hong Kong for developing a non-profit making private hospital.

Malaysia Gov’t plans to introduce plain packaging for tobacco

http://www.freemalaysiatoday.com/category/nation/2016/02/24/govt-plans-to-introduce-plain-packaging-for-tobacco/

PETALING JAYA: The Health Ministry plans to introduce generic packaging for tobacco products with the aim of reducing brand recognition and ultimately reducing overall consumption, Malay Mail Online reported today.

According to the report, the Health Ministry’s director for the disease control division Dr Chong Chee Keong, said plain packaging would greatly impact the prevalence of smoking among new and light smokers.

Chong said there were plans to introduce the plain packaging using standardised colours and fonts in stages but that no specific date had been set as yet.

When asked if the Trans-Pacific Partnership Agreement (TPPA) would affect the plan, Chong said the treaty had yet to be tested.

In 2012, Australia became the first nation to mandate plain packaging for cigarettes, in a bid to reduce smoking rates among its citizens.

Other nations that adopted the move later were France and Britain, much to the unhappiness of big tobacco firms including Philip Morris International, British American Tobacco, Imperial Tobacco and Japan Tobacco International.

These firms have since launched legal challenges against such laws, arguing the move had impinged on their trademark intellectual property.

In Australia, four tobacco firms including Philip Morris lost their legal challenges against the law.

Parliamentary committee delivers 20 recommendations on e-cigarettes

http://www.adelaidenow.com.au/news/south-australia/parliamentary-committee-delivers-20-recommendations-on-ecigarettes/news-story/3801de5dc4984fcad271524f7a81116b?nk=0611f97db29bbf0213b82364550de3fc-1456352062

E-CIGARETTES should be banned in non-smoking areas and retailers should not be allowed to sell the vaporisers to children, a parliamentary committee recommends.

Vaporisers also should feature health warnings and should not be decorated with “child-like aspects such as diamantés and cartoon characters” which may encourage young people to take up the habit of “vaping”.

For the same reason, the committee also urges against selling “sweet and confectionery flavoured e-liquids” to be used in the vaporisers.

It is believed about 20,100 South Australians use e-cigarettes — or about 1.2 per cent of the population — and the devices are growing in popularity.

The battery-operated devices vaporise a refillable cartridge of nicotine solution to create a vapour that the user inhales, simulating the action of smoking.

Some use flavoured liquids without nicotine.

E-cigarettes have been sold in Australia for about four years but legislation governing their sale and use varies around the nation.

Concerned at the confusion around the relatively new products, and the potential long-term health risks, Labor MP Annabel Digance moved in May to establish a Select Committee into E-Cigarettes.

The final report of the committee, tabled in Parliament today, makes 20 recommendations including:

BANNING e-cigarettes in areas where tobacco smoking is banned.
PREVENTING the sale of e-cigarettes to people aged under 18.
REQUIRING health warnings on e-cigarette devices and full lists of ingredients on e-liquid packaging.
REQUIRING childproof packaging on e-liquid containers.
BANNING advertising of e-cigarettes or offering pricing specials or promotions.
CALLING for more research on the effects of e-cigarettes on users, including pregnant women and foetuses, infants and children and people with respiratory illness or chronic illness.

Health Minister Jack Snelling has pledged to consider the recommendations in any future regulation of e-cigarettes.

There is strong debate over whether vaporisers encourage the habit of smoking or help people to quit by simulating the action without delivering the chemicals.

“We just don’t know whether e-cigarettes are effective in helping people to quit smoking without causing potentially new damaging health effects,” Ms Digance said.

She added that it was “unclear whether e-cigarettes could act as a gateway into smoking and nicotine dependence for our young people”.

“The younger a person starts smoking the more difficult it can be to quit later on,” Ms Digance said.

“While studies are under way to explore the health effects of e-cigarettes, it will be some time, possibly decades, before we really understand how they affect a person’s health.

“The World Health Organisation is calling on governments to regulate e-cigarettes until the safety of the devices and their peripheral components, such as the vaporised solution contained within them, are established.”

Opposition committee member Vincent Tarzia raised concerns that some of the recommendations would diminish the potential harm minimisation benefits of e-cigarettes.

“The research is clear that e-cigarettes are far less dangerous than smoking tobacco and there is a public health benefit if people choose to use e-cigarettes instead of smoking tobacco,” Mr Tarzia said.

“As a consequence there is a public health benefit if tobacco smokers are switching to e-cigarettes and any new regulations should not hinder that movement.

“The report’s recommendation that e-cigarettes shouldn’t be sold alongside tobacco products has the potential to undercut this public health benefit.”

Mr Tarzia supported calls for more research on the long-term health impacts of using the vaporisers.

The committee received 142 submissions and took evidence from 11 people, including from tobacco companies, e-cigarette retailers and users, and tobacco smokers.

Sri Lankan President to forgo income from drug and tobacco to save country from drug menace

http://www.colombopage.com/archive_16A/Jan19_1453219903CH.php

Sri Lankan President Maithripala Sirisena says he is ready to relinquish the income received by the government from the sale of drug and tobacco to save the country and the people from the drug menace.

Speaking at the concluding ceremony of the series of the programs of the 4th phase of the “Drug Free Country”, the National Program for Drug Prevention held Tuesday at the National Youth Services Council in Maharagama, the President said it is essential to prevent drug menace to build a disciplined country with a better economy.

“The government is working to face that challenge with the help of everybody,” the President said.

He said the instructions have been given to establish separate units in all government institutions for the prevention and control of drug and these units should have meetings once in three months.

“They should fulfill the responsibility to convey a message to the society to prevent people from drug use,” the President said.

The President further said that the existence of legal drugs, for which the government has granted licenses, and the illegal drugs pose a major challenge to the government as it is a social problem. He added that whether it’s legal or illegal, drug abuse does a great harm to human lives.

The Colombo district action plan for the prevention of drug abuse was presented to the President by the Colombo District Secretary Sunil Kannangara. The events of today’s program were based on Colombo District.

The President also presented awards to individuals for their commitment to eliminate the drug menace from the country.

Mr. Edward Mallawarachchi presented three books written by him regarding the chronic kidney disease and drug addiction, to the President at the event.

The Maha Sangha including Most Venerable Ittapane Dhammalankara Thera, Pathberiye Wimalagana Nayaka Thero, Minister Susil Premajayantha, MPs Jagath Pushpakumara, Eric Weerawardena, Western Provincial Councilor Gamini Thilakasiri and the others participated in the event.

Clear The Air Letter to Hong Kong Customs Commissioner

Dear Commissioner,

In previous correspondence with your anti illicit tobacco taskforce it became clear that for contraband cigarette seizures in Hong Kong approx 30-40% seized was counterfeit, meaning that 60-70% of the seizures were genuine products.

This means the tobacco companies are repeatedly conspiring with their distributors to sell DNP products by failing to control their supply chain networks.

Even the local tobacco front organisation HKUAIT-Stopit states that counterfeit seizures are only 40% of the total.

Given that such genuine DNP/General cargo products emanate from

  1. Transnational tobacco corporations with local HKG representative offices
  2. Mainland corporations

Why is no action taken against such companies and their directors under the Organised and Serious Crimes Ordinance and for common law offences such as conspiracy to defraud HK Govt of excise taxation?

In cases where criminal prosecution might be hindered such as in offending companies based in South Korea, why is no civil action raised against them by Hong Kong Government?

http://www.cbc.ca/news/canada/tobacco-firms-to-pay-550m-over-smuggling-1.902510

http://www.cityam.com/1415884123/british-american-tobacco-whacked-650000-fine-hmrc-oversupplying-belgium-cigarette-market

http://www.theguardian.com/business/2014/nov/16/bat-fined-for-oversupplying-tobacco-in-low-tax-european-jurisdictions

http://www.independent.co.uk/news/uk/home-news/tobacco-industry-accused-of-fueling-cigarette-smuggling-to-boost-profits-10287003.html

http://www.theguardian.com/business/2004/jul/09/smoking.europeanunion

https://industrydocuments.library.ucsf.edu/tobacco/collections/japan-tobacco-international-smuggling/

http://www.theguardian.com/bat/0,,191282,00.html

 

Kind regards,

James Middleton

Chairman

http://cleartheair.org.hk

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HP cigarette, bidi sellers protest compulsory registration

http://timesofindia.indiatimes.com/city/shimla/HP-cigarette-bidi-sellers-protest-compulsory-registration/articleshow/50603009.cms

Summary: SHIMLA: Cigarette and bidi sellers in Himachal Pradesh today protested the government’s decision to make registration compulsory for vendors of tobacco products.

The Cabinet had yesterday decided to make registration of vendors for selling tobacco products compulsory but they alleged that the aim is to “bring the dealers under licensing system” which would harm their business.

“We have submitted a memorandum to the Chief Minister, protesting the proposed legislation as it would badly hit our businesses,” Sharma said. “The decision tantamount to enforcing the licensing system which would hurt their business interest, expose them to harassment and open the door for officials to extract money,” Surinder Sharma, a member of Bidi Cigarette Vikreta Sangh claimed.

Chief Minister Virbhadra Singh has asked the health department to draft legislation for registration of retailers of tobacco products.After banning the sale of loose cigarettes, the government would make licence mandatory for sellers of packed tobacco products, including cigarettes, an official spokesperson said.

A bill in this regard is expected to be tabled in the legislative Assembly during the Budget Session.

Activists: Jokowi, Kalla bowing to tobacco interests

http://www.thejakartapost.com/news/2015/12/29/activists-jokowi-kalla-bowing-tobacco-interests.html

(From left to right) Muhammadiyah deputy chairman Sudibyo Markus, Human Rights Working Group executive director Rafendi Djamin, Indonesia Institute for Social Development program manager Deni Wahyudi Kurniawan, Ifdhal Kasim from the National Coalition of Civil Society for Tobacco Control and Raya Indonesia director Hery Chariansyah speak at a press conference on tobacco control in Jakarta on Tuesday. (thejakartapost.com/Callistasia Anggun Wijaya)

(From left to right) Muhammadiyah deputy chairman Sudibyo Markus, Human Rights Working Group executive director Rafendi Djamin, Indonesia Institute for Social Development program manager Deni Wahyudi Kurniawan, Ifdhal Kasim from the National Coalition of Civil Society for Tobacco Control and Raya Indonesia director Hery Chariansyah speak at a press conference on tobacco control in Jakarta on Tuesday. (thejakartapost.com/Callistasia Anggun Wijaya)

Anti-tobacco campaigners have expressed their disappointment with the performance of President Joko “Jokowi” Widodo and Vice President Jusuf Kalla in stemming cigarette consumption, claiming the government had caved in to the interests of the powerful cigarette industry.

Ifdhal Kasim from the National Coalition of Civil Society for Tobacco Control said the government’s subordination to the industry reflected in the revision of the Industry Ministry’s roadmap for the tobacco industry, which targeted an increase of cigarette production by 5 – 7.4 percent per year.

“This roadmap will trigger an increase in consumption to 524 billion cigarettes by 2020, which is not in line with long-term plans announced by the government,” he said on Tuesday.

According to Ifdhal, the long-term development plan (RPJP) stipulated that government policy should always consider the social health impacts; therefore the revision of the roadmap contradicted the long-term development plan.

He said the government’s failure to control cigarette consumption was also seen in investment by global cigarette company Philip Morris, which had been welcomed by the government.

Such investment, he said, had triggered the change in policy regarding cigarette control and would also increase tobacco imports from supplying countries like China, India and Thailand. “Indonesia is a sexy market for tobacco-producing countries and the heaven of the cigarette industry, because it is so easy to market cigarettes in Indonesia,” Ifdhal said.

Meanwhile, Hery Chariansyah, director of NGO Raya Indonesia, slammed the government for failing to curb the progress of the tobacco industry in Indonesia in 2015.

“The government appears not to be protecting the public’s health against the negative impact of cigarettes. The Jokowi-Kalla administration also seemed to have deviated far from the development principles promised in their election campaign,” said Hery.

The tobacco bill, scheduled to be deliberated at the House of Representatives next year according to the national legislation program, also indicated the government’s powerlessness in keeping tobacco industry interests out of the bill, according to Hery.

Ifdhal, however, still expressed hope that the government may carry out significant steps next year to reduce cigarette consumption.

“One of the ways to control tobacco consumption is by ratifying the World Health Organization’s Framework Convention on Tobacco Control (WHO FCTC). FCTC is the technical instrument which will help Indonesia control cigarette consumption,” he said.

Hery agreed with Ifdhal, saying that “one-thirds of males in Indonesia between the age of 15 and 19 are smokers”. This condition will lead to a demographic disaster. People of the productive age are prone to various kinds of sicknesses because of cigarettes. The government has to stop selling its people to the cigarette companies.” (bbn)

– See more at: http://www.thejakartapost.com/news/2015/12/29/activists-jokowi-kalla-bowing-tobacco-interests.html#sthash.7mI0c62D.dpuf

The simple trick Australia is using to reduce smoking rates

http://www.vox.com/2015/12/20/10629896/australia-plain-packaging

Australian cigarette packages have graphic health warnings. Cameron Spencer/Getty Images

Australian cigarette packages have graphic health warnings. Cameron Spencer/Getty Images

Cigarette packs in Australia look different from anywhere else in the world. There are no brand logos, no bright colors. Every pack is the same shade of dull brown, plastered with graphic images showing the health impacts of smoking. There’s the gangrenous foot, mouth cancer, and everyone’s favorite, the creepy sickly eye.

Tobacco companies don’t do this by choice. In 2011, Australia became the first country in the world to pass plain packaging laws that severely restrict what can appear on cigarette packs.

Naturally, Big Tobacco hates these laws and has done everything it can think of to get rid of them. On Friday, Australia defeated a challenge by cigarette giant Philip Morris after a four-year international trade dispute in Singapore.

Big Tobacco is clearly running scared — and it should be. The latest ruling is likely to open the door for plain packaging laws around the world. Already, 11 other countries — including England, New Zealand, France, Brazil, India, and South Africa — have plans to implement their own plain packaging rules.

Other countries, including the United States, should follow Australia’s lead. Plain packaging laws are a simple, cost-effective way to cut smoking rates. That’s why tobacco companies hate them.

Big Tobacco has been fighting plain packaging on many fronts

Philip Morris exploited an obscure clause in Australia’s free trade agreement with Hong Kong known as investor-state dispute settlement. President Obama’s controversial Trans-Pacific Partnership trade agreement includes an ISDS provision, and it has caused a lot of controversy. Critics worried that big companies — like Philip Morris — could use the ISDS process to overturn countries’ democratically enacted laws.

Australia may have won this round, but its government now faces an estimated $50 million legal bill. And Philip Morris is not the only company to push back against plain packaging laws. In 2012, British American Tobacco (BAT) challenged the laws in Australia’s high court, alleging they infringed the company’s intellectual property. The court ruled in favor of the government.

Eyebrows were raised at the World Trade Organization when Ukraine — a country that doesn’t actually export tobacco to Australia — challenged plain packaging as anti-trade. Later, it was discovered BAT had footed the country’s legal bill.

It’s not clear whether similar challenges from Cuba, the Dominican Republic, and Honduras are also funded by Big Tobacco.

While in public the tobacco giants insist plain packaging laws won’t work, behind closed doors they have spent millions of dollars trying to discredit the laws.

In 2010, a newly formed group called the Alliance of Australian Retailers launched a media blitz criticizing plain packaging. It was a case of “astroturfing” — an attempt to give the impression of a widespread grassroots backlash against the laws that just didn’t exist

Australian investigative journalists unearthed that Philip Morris, BAT, and Imperial funneled more than A$5 million into forming the Alliance of Australian Retailers. The group’s argument against plain packaging was distilled into a simple message: “It won’t work, so why do it.”

Of course, the obvious response is: If it won’t work, why are you spending millions of dollars to fight it? The alliance wasn’t effective. In fact, one study found for some people the ads increased their support for plain packaging.

Early evidence suggests plain packaging is working

The goal of the plain packaging laws is to make cigarettes less attractive and reduce the glamour of smoking. In lab studies, researchers have found they achieve this. More than 20 studies, undertaken over two decades in five countries, strongly suggest that plain packaging increases the impact of health warnings and reduces the appeal of cigarettes.

The laws aren’t a silver bullet to make people stop smoking. Instead, they work alongside higher taxes, public health campaigns, and education to reduce smoking rates over time.

As Australia is the only country to have implemented the laws, real-world evidence on plain packaging is limited. However, there is a growing body of research gathered since the laws were enacted three years ago. While we don’t yet have long-term evidence pointing to changes in smoking rates, short-term shifts seem positive.

A large study in the Australian state of Victoria found that in just 12 months plain packaging both reduced the appeal of smoking and increased desire to quit for adult smokers. Another study found calls to Quitline, an Australian government service to help people quit smoking, rose by 78 percent after the plain packaging laws came into effect. Smoking in outdoor areas, where the graphic packaging is visible to more people, also declined.

British American Tobacco hit back with its own study by Deloitte, which argued health warnings haven’t been effective in reducing consumption of cigarettes. But this study wasn’t independent — it was commissioned and funded by BAT. The study itself admits the researchers were highly selective about what brands they included.

Tobacco taxes alone are not enough

If cigarettes were like any other product, high taxes would be enough to make people stop buying them. But cigarettes are highly addictive, so rising prices don’t have too much impact on a smoker’s decision to buy cigarettes.

It’s estimated that in rich countries, a 10 percent increase in the price of cigarettes will only bring about a 4 percent drop in demand. In poor to middle-income countries, the figures vary quite a bit because of a host of cultural and economic factors. For some though this sizable price bump would reduce demand by just 2 percent.

Of course, smokers could just take their cigarettes out of the packs. They could smoke rollies and put their tobacco in a tin. However, the evidence suggests very few people do. So the plain packs are always there, a graphic reminder of the harms of smoking. It’s a behavioral nudge that smokers carry around with them.

Globally, tobacco kills around 6 million people every year. Smoking costs the US more than $300 billion a year through both direct medical bills and lost productivity. Taxes, education, and public health campaigns are all important in reducing harm. However, Australia has shown that plain packaging needs to be in the mix too. It’s a simple and effective tool in the fight against a deadly habit

AWARD ON JURISDICTION AND ADMISSIBILITY

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