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Imperial Tobacco files legal challenge against tobacco control bill

http://montrealgazette.com/news/local-news/imperial-tobacco-files-legal-challenge-against-tobacco-control-bill

Anti-smoking groups say they are not at all surprised that Imperial Tobacco is challenging the provisions of Quebec’s Bill 44 that ban the sale of flavoured cigarettes and sleeker packaging that appeal to youth.

On Friday, Imperial Tobacco Canada filed legal proceedings against the Quebec government claiming Bill 44 infringes on the company’s constitutional rights.

The company said in a statement released on Tuesday that the government committee that reviewed the bill adopted a number of additional provisions “without due consideration given to ensuring that the constitutional rights of those affected by the measures were infringed to the least extent possible.”

Mélanie Champagne, Director of Public Issues with the Canadian Cancer Society’s Quebec Division, said the company’s legal action is predictable.

“All it shows is that the measures (Quebec is taking) would be effective,” she said.

Tobacco companies, she said “would not spend so much money on legal proceedings if they didn’t realize this will affect their revenues substantially. But that is exactly what we want: lower revenues for tobacco companies means less smoking, and fewer cancer deaths.”

Anti-smoking groups rejoiced last November when Quebec’s National Assembly adopted Bill 44, “An Act to Bolster Tobacco Control”, unanimously. They said the new legislation made Quebec a world leader in the struggle against smoking, because Bill 44 bans all flavoured tobacco products, including menthol, and imposes a minimal size for health warnings on packages.

Current federal legislation requires health warnings to take up 75 per cent of the packages, but as packages were getting smaller, anti-smoking advocates those warnings were less effective. Quebec has countered this with its regulation, which requires the health warnings to be at least 4.6 square centimetres.

That means tobacco companies here cannot sell cigarettes in the tall, thin packages, sometimes called “purse packs” or “lipstick packs” that anti-smoking groups claim are designed to appeal to young people. An estimated 250 teenagers in Quebec begin smoking every week, and an estimated one third of all cancer deaths are related to smoking.

Flavoured cigarettes and cigars, including menthol, are also very popular with Quebec teens. Studies have shown that more than 50 per cent of Quebec youth who smoke use flavoured tobacco products.

Although menthol flavours are thought to appeal mainly to adults, new smokers do use them because they reduce irritation of the throat, said Flory Doucas, co-director of the Quebec Coalition for Tobacco Control, said menthol cigarettes are particularly appealing to youth.

“Menthol has analgesic properties so it masks the irritation caused by smoking. Menthol cigarettes are like training wheels for smoking.”

She added that legal challenges by tobacco companies are designed to have a chilling effect on other jurisdictions in Canada or elsewhere that might be considering legislation.

But Eric Gagnon, head of Corporate and Regulatory Affiars for Imperial Tobacco Canada, said the ban on flavoured tobacco products, including menthol cigarettes, will result in the growth of an already significant illegal cigarette market in Quebec.

“There is an incredible amount of hypocrisy around the sale of tobacco in Quebec,” he said. “The government of Quebec will generate over $1 billion in tobacco taxes in 2016. There is already comprehensive legislation … 75 per cent of the package is a health warning, they are hidden from view, and very highly taxed. There is nobody in Quebec who could say they don’t know the risk of smoking but an important part of the adult population will still continue to smoke. At the end of the day we are still a legal company and we believe we have the right to sell our products.”

The company is not challenging other provisions of the bill, such as the ban on smoking in motor vehicles when children under 16 are present and the prohibition on smoking on patios adjoining businesses and restaurants.

But it is challenging the bill’s restrictions on how tobacco companies communicate with retailers. The bill will not allow the companies to advertise to retailers, which Gagnon said unfairly prohibits retailers from passing on information to customers.

Secondhand smoke exposure at home among one billion children in 21 countries

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Tobacco sale to minors: 7 yrs jail, ‘1 lakh fine

Mumbai : Anyone selling tobacco products to minors can now end up serving a seven year jail term and coughing up Rs one lakh in fine. This is one of the new provisions of the Juvenile Justice (Care and Protection of Children) Act 2015 which came into effect on Friday.

The law called Cigarette and Other Tobacco Products Act 2003 prohibits the sale of cigarettes or other tobacco products to people below 18 years and in areas within a 100-metre radius of educational institutions. The penalty for violation, however, is not stringent and entails a fine of Rs 200 and up to three months in jail.

Dr Pankaj Chaturvedi, professor and surgeon at Tata Memorial Hospital in Parel, said, “With this Act, India has become the only nation in the world to impose such a harsh penalty for selling tobacco to minors. It will save our future generations from this lethal habit. It is proven beyond doubt that tobacco kills every third user prematurely through cancer, heart disease and stroke.”

As per the Global Adult Tobacco Survey, the age of initiation of tobacco habits in India is 17 years. According to a Global Youth Tobacco survey, up to 20 percent of children

in India are users of tobacco. Further, nearly 27.5 crore Indians are using tobacco and a vast majority of them pick their habit in childhood and more than 5500 children /adolescents start tobacco consumption daily, informs Dr Chaturvedi.

Dr PC Gupta, Sekhsaria Institute of Public Health, Navi Mumbai, said, “Everyone in this world, including the tobacco industry, agrees that tobacco products are not meant for and should not be used by children. Yet most tobacco users started their tobacco use when they were children.”

Sanjay Seth, chief operating officer of Voice of Tobacco Victims, campaign said, “Almost every country, including India, has laws banning sale of tobacco products to minors. This law however, has been very difficult to enforce. In India, most points of sale do not even exhibit the notice about not allowing sale to minors along with a photo of mouth cancer patient as mandated by law. There are monetary fines for violations and they are miniscule. Also, offenders are very difficult to catch.”

Smoke-free legislation reduces hospital admissions for childhood lower respiratory tract infection

http://tobaccocontrol.bmj.com/content/early/2016/01/14/tobaccocontrol-2015-052541.abstract

Abstract

Background

Previous studies showed reduction of hospital admissions for asthma after implementation of comprehensive smoke-free legislation. We aimed to evaluate the impact of comprehensive smoke-free legislation implemented in Hong Kong in 2007 on hospital admissions for childhood lower respiratory tract infection (LRTI).

Methods

We obtained data on 75 870 hospital admissions for LRTI among children ≤18 years of age between January 2004 and December 2012 from all Hospital Authority hospitals. Using a negative binomial regression model, we assessed the impact of smoke-free legislation on admission counts.

Results

After legislation implementation, there was an immediate effect with a change in the admission count of −33.5% (95% CI −36.4% to −30.5%), and a change in time trend to −13.9% per year (95% CI −16.0% to −11.7%). Overall, the legislation was associated with a net 47.4% reduction in admission counts in the first year. We estimated that the legislation was associated with a reduction of 13 635 admissions in the first 6 years after implementation. The immediate reduction and change in time trend was more apparent among school-age than preschool children.

Conclusions

Implementation of comprehensive smoke-free legislation was associated with a significant reduction in hospital admissions for childhood LRTI.

UK teens heavily exposed to alcohol and tobacco content in YouTube music videos

http://www.economicvoice.com/uk-teens-heavily-exposed-to-alcohol-and-tobacco-content-in-youtube-music-videos/

13-15 year olds and girls most exposed, findings suggest

UK teens are heavily exposed to alcohol and tobacco images and lyrics in digital YouTube music videos, indicates research published in the Journal of Epidemiology & Community Health.

Those exposed the most are 13-15 year olds, and girls, the findings suggest

Relatively little attention has been paid to YouTube content, despite the fact that some music videos contain extensive alcohol and tobacco content, which is often depicted in a positive light, and that these videos tend to be most popular with younger audiences, say the researchers.

They used the results of two nationally representative online surveys of British adults and teens to calculate viewing figures for the 32 most popular music videos of top 40 chart songs in the UK during the 12 weeks of 3 November 2013 to 19 January 2014.

And they analysed the number of 10 second intervals in each of the 32 videos to estimate the total number of images/depictions/lyrics (impressions) of alcohol and tobacco content.

In all, 2068 teens aged between 11 and 18, and 2232 adults from the age of 19 onwards completed the surveys, and the results suggested that the average percentage of viewing across the 32 music videos was 22% for the teens and 6% for the adults.

The videos were available for an average of 7 to 10 months after release. And based on population census data, the researchers calculated that these delivered a total of 1006 million impressions of alcohol and 203 million of tobacco to the British population during the period between release of the video and the point of the survey.

Most of this content was delivered to 25-34 year olds, but levels of individual exposure were almost four times higher among teens, the figures indicated.

Teens aged 13 to 15 received an average of 11.48 tobacco impressions, while those aged 16 to 18 received an average of 10.5. This compares with 2.85 for adults.

Furthermore, exposure was around 65% higher among girls, with the highest numbers of tobacco impressions delivered to 13-15 year olds.

The pattern of exposure for alcohol was similar to that of tobacco, but the overall number of impressions was five times higher.

An estimated 52.11 alcohol impressions were delivered to each teen compared with 14.13 to each adult. Individual exposure levels rocketed to 70.68 among 13-15 year old girls.

“Trumpets” by Jason Derulo, and “Blurred Lines” by Robin Thicke delivered some of the highest number of tobacco impressions, while ”Timber” by Pitbull, and “Drunk in Love” by Beyoncé, delivered the most alcohol content.

“If these levels of exposure were typical, then in 1 year, music videos would be expected to deliver over 4 billion impressions of alcohol, and nearly 1 billion of tobacco, in Britain alone,” write the researchers.

“Further, the number of impressions has been calculated on the basis of one viewing only; however, many of the videos had been watched multiple times, so this number is likely to be much bigger,” they warn.

A ban on paid-for placement of branded tobacco products has been in force since 2002 in the UK, while alcohol promotion is regulated by the Advertising Standards Authority, the Portman Group, and industry voluntary codes of practice.

But while films are classified, and TV content is subject to controls during periods when children are likely to be watching, no such regulations apply to digital music videos. The British Board of Film Classification has consulted on an age rating system for music videos made in the UK, but this does not cover tobacco and alcohol content.

Instead, it includes drug misuse, dangerous behaviour presented as safe, bad language, sex and nudity, threatening behaviour and violence.

The evidence suggests that teens exposed to depictions of alcohol and tobacco content in films are more likely to start smoking or drinking, and the researchers suggest that music videos pose a “significant health hazard that requires appropriate regulatory control.”

They urge: “Owing to the obvious health implications for adolescents, we suggest that overly positive portrayals of both alcohol and tobacco in music videos should be included in both the drug misuse and dangerous behaviour presented as safe rating categories.”

Norway under pressure to ban sale of tobacco to adults

http://www.independent.co.uk/life-style/health-and-families/health-news/norway-under-pressure-to-ban-sale-of-tobacco-to-adults-a6795971.html

Medics say access to tobacco is ‘not a basic human right’

Norway’s biggest medical organisation wants to ban the sale of cigarettes to adults.

In a drive towards a smoke-free society by 2035, the Norwegian Medical Association (NMA) is pressing the government to back its proposal for a ban on tobacco sales to citizens born after the year 2000.

Marit Hermansen, the president of the NMA, told Norwegian newspaper Aftenposten that access to cigarettes was not a basic human right.

“We have long had the policy of phasing out smoking by 2035. This is a measure to achieve this goal. We want a tobacco-free generation,” she said, according to The Local.

“It shouldn’t be forbidden to smoke, but we want young people to not get started with tobacco.”

They hope the proposed legislation will mean future generations are unable to buy tobacco in Norway when they reach 18 years old, which is the current age limit. Given the choice of 2000, the law would technically come in to until 2018.

“The [health] minister has said that the main objective is to hinder young people from beginning to smoke,” Ms Hermansen told Aftenposten.

“That means that when the new generations come of age, they won’t be able to buy tobacco in Norway.”

The emphasis will be on denying access to the substances, rather than criminalising use, she added according to The Nordic Page.

In 2013, about 32 per cent of the Norwegian population were smokers – a steady decline from 36 per cent in 2008.

Among young people, seven per cent had reported that they smoked daily, the Nordic Page reported.

Yet despite the NMA’s hopes, health spokespeople for the Conservative, Labour, Centre and Christian Democrats parties in the country told Aftenposten the idea was not currently feasible.

In the UK, meanwhile, eight percent of 15-year-olds smoked regularly in 2014 – a significant decline compared to the 20 percent who were smoking eight years earlier.

Raising Tobacco Tax Substantially to Lower Smoking Prevalence

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Why smoking bans may have advantage over higher tobacco taxes

http://www.eurekalert.org/pub_releases/2015-12/osu-wsb121415.php

A first look at how city-level policies impact individual smokers

COLUMBUS, Ohio – If governments want to discourage smoking among young people, both high taxes and smoking bans do the job – but bans may have one key advantage.

A first-of-its-kind national study found that bans worked best at limiting smoking among more casual users: Those who smoked less than a pack a day. Heavy taxes worked best with those who smoked more than a pack a day.

“Both taxes and bans have their place. But bans might stop casual smokers from becoming heavy tobacco users,” said Mike Vuolo, lead author of the study and assistant professor of sociology at The Ohio State University.

“If you think of casual smoking as the beginning of the path to addiction, then bans might be the way to go.”

The study is the first to look at how city-level government policies – both taxes and bans – affected actual smokers.

“We’re not just looking at how state policies affect smoking rates in general. We were able to determine how individual smokers reacted to changes in government policies at the city level,” Vuolo said.

“We were never able to get to that level of detail before.”

Another key finding of the study was that combining smoking bans with high taxes didn’t reduce overall smoking rates in a city more than either of the policies by itself.

The study was published online Dec. 17, 2015 in the American Journal of Public Health. Vuolo conducted the study with Brian Kelly and Joy Kadowaki of Purdue University.

Data on smokers came from the National Longitudinal Survey of Youth 1997. This study included 4,341 people from 487 cities who were interviewed every year from 2004 to 2011. All participants were between the age of 19 and 31 during the study. The NLSY97 is conducted by Ohio State’s Center for Human Resource Research for the U.S. Bureau of Labor Statistics

Data on city-level smoking bans and tax rates came from the Americans for Nonsmokers’ Rights Foundation (ANRF) tobacco policy database.

The database told the researchers which participants lived in cities where there was a comprehensive smoking ban, which means that workplaces, bars and restaurants are 100 percent tobacco free with no indoor exceptions.

The database also includes information on the total state and local tobacco excise taxes for cigarette packs sold in each city.

The researchers found big changes in both bans and taxes from 2004 to 2011. The percentage living in a city with a comprehensive ban increased from 14.9 percent to 58.7 percent during that time, while average taxes increased from 81 cents to $1.65 per pack.

The cities with the highest rates of smoking were those that had no smoking bans and low or no taxes on cigarettes, Vuolo said.

Results showed that those residing in cities with bans were 21 percent less likely to currently smoke at all when compared to those who lived in cities without bans. But taxes did not have a significant effect on casual smokers.

“There’s a lot of evidence that casual, social smokers are influenced by their environment. If they can’t smoke inside with their friends at a restaurant or bar, they may choose not to smoke at all,” Vuolo said.

By contrast, those who smoked more than a pack a day were primarily deterred, not by the bans, but by the economic costs – in other words, higher taxes.

The fact that combining high taxes with smoking bans didn’t have an additional impact on smoking rates means that policymakers have several effective options for tobacco control, Vuolo said.

“They are both effective in different ways. Smoking bans might be more effective in preventing new smokers, but it definitely pays to do something,” he said.

“The worst case is not having bans or taxes.”

High School Seniors Now Prefer Marijuana to Cigarettes

http://time.com/4149430/marijuana-pot-high-school-cigarettes/

Fewer students than last year think that pot is harmful

More students in the 12th grade said they smoked pot every day, compared to those who smoke daily cigarettes, finds a new federal report. It’s the first time since the survey began in 1975 that daily marijuana use surpassed cigarettes.

The “Monitoring the Future” survey released on Wednesday shows that 6% of 12th graders used marijuana every day—about the same rate as last year—while 5.5% of seniors reported smoking cigarettes daily. (That’s a drop from 2014, when 6.7% of high school seniors smoked cigarettes every day.)

Their perceptions of pot also changed; fewer students think it’s dangerous. Almost 32% of seniors said they thought regular marijuana use could be harmful, compared to 36% who felt that way last year. “The sense that marijuana has medicinal purposes and that doctors are prescribing it creates a sense that this drug cannot be so harmful,” says Dr. Nora D. Volkow, director of the National Institute on Drug Abuse at the National Institutes of Health (the group that funded the research).

Volkow says she is surprised that marijuana rates didn’t rise from 2014, after the past year’s attitude and policy changes surrounding the legalization of marijuana. “All of those factors have led many to predict that there would be an increase in the pattern of use of marijuana among teenagers, and we are not seeing it,” she says. Still, it was one of the only substances in the report that did not decline in usage.

In addition to high school seniors, the survey also looked at attitudes and substance use among American students in grades 8 and 10. In each of the grades, it noted declining usage rates for cigarettes, alcohol, prescription opioid pain relievers, synthetic marijuana and heroin (which hit a record low at 0.3% for 8th graders and 0.5% for 10th and 12th graders.) “These two findings were very surprising,” says Volkow. Experts were worried that since prescription opioids and heroin use have gotten more popular nationally, they might see the same trends in teens.

Over the last five years, daily cigarette smoking among 10th graders has dropped 55%. But the newer nicotine carriers like e-cigarettes are as popular as they were the year before. Yet students aren’t always sure what’s in them, the findings suggest. The majority of teenagers who reported using e-cigarettes said they were only inhaling flavors instead of nicotine, and many said they weren’t sure what they were inhaling. Only 20% said that the last time they used a e-cigarette, they were inhaling nicotine.

Researchers continue to debate the effects of e-cigarettes on the body, and Volkow says there’s skepticism over whether inhaling flavoring on its own is safe. “There’s been evidence that some of these e-cigarette devices release chemicals that are toxic to the body,” she says. “Since there is no control over manufacturing products, the quality of these products vary. I think this is an area that requires investigation to actually assess the potential harmful effects.”

The slow-burn, devastating impact of tobacco plain packs

http://theconversation.com/the-slow-burn-devastating-impact-of-tobacco-plain-packs-51727

It is three years since Australia fully implemented its historic tobacco plain packaging law. From December 1, 2012, all tobacco products have been required to be sold in the mandated standardised packs, which, with their large disturbing graphic health warnings, are anything but “plain”.

Ever since, there have been frenzied efforts by the tobacco industry and its ideological baggage carriers to discredit the policy as a failure.

The obvious subtext of this effort has been to megaphone a message to other governments that they should not contemplate introducing plain packaging because it has “failed”: smoking, it is claimed, has not fallen any faster in Australia after plain packaging that it was already falling before. All that has occurred, they argue, is that illicit trade has increased.

The supreme irony here is of course that if such criticism was correct, then to paraphrase Hamlet’s mother Gertrude, “The tobacco industry doth protest too much, methinks.” Why would the industry and its astro-turfed bloggers waste so much money and effort denigrating a policy which was having little or no impact?

Why take the Australian government to the High Court (and fail six to one) to try and block the law? Why invest in supporting minnow tobacco-growing states such as the Dominican Republic, Honduras and Cuba in their efforts to have the World Trade Organization rule against plain packaging?

Why not just ignore an ineffective policy instead of making it only too obvious to all by such actions that it is in fact a grave threat to your industry?

Two key assumptions have underscored efforts to discredit the impact of plain packaging. First, critics assume the impacts of the law should have been evident immediately as it was implemented: as one colleague put it recently “within ten seconds of the law passing”.

Second, they assume (but never actually state) that the impact of plain packaging on smoking by children (the principal target) and adults was supposedly going to be greater than anything we have previously observed in the entire history of tobacco control.

In 1999, the late Tony McMichael, professor of epidemiology at the Australian National University, published a classic paper called Prisoners of the Proximate where he wrote about the need to understand the determinants of population health in terms that extend beyond proximate single risk factors and influences.

In tobacco control, both proximal (discrete, recent and quick-acting) and distal (on-going, slow-burn) effects of policies and campaigns can occur. Price rises (and falls through discounting) can have both immediate and lasting effects, jolting smokers into sometimes unplanned quitting and also slowly percolating an unease about the costs of smoking that translate into quitting down the track.

Tobacco advertising bans are a good example of a policy that has such slow-burn effects across many years. Few if any quit smoking in direct response to tobacco advertising bans. They work instead by causing the next generations of kids to grow up in an environment devoid of massive promotional campaigns depicting smoking in positive ways.

I have often heard smokers say “plain packaging won’t make me quit smoking”. This is akin to the myopic self-awareness of those who swear “advertising (for any product) never influences me” while noting that it only influences the more impressionable.

Plain packs were unlikely to act suddenly in the way tax rises do, although the unavoidably huge graphic health warnings may well have acted like straws that broke the Camel’s back of worry about smoking. Their impact was far more likely to be of the slow-burn sort, where the constant reminder that tobacco, unique among all products, is the only consumer good treated this way by the law. It is exceptionally dangerous, with a recent estimate that two in every three long-term smokers will die from tobacco use.

In 1994 I wrote a now highly cited paper in the British Medical Journal which talked about the impossibility of “unravelling gossamer with boxing gloves” when it came to being certain about precisely why smokers quit. I took a day in the life of a smoker who quit, and pointed to the myriad of influences both distal and proximal that coalesce to finally stimulate a smoker to quit.

While a smoker might nominate a particular policy, conversation with a doctor or anti-smoking campaign as being “the reason” they quit, much of what went on before provides the broad shoulders of concern that carry the final attribution. There are synergies between all these factors and the demand to separate them all is like the demand to unscramble an omelette.

So what has happened to smoking in Australia since plain packs?

Data released this month from a national schools survey involving more than 23,000 high school children found smoking rates were the lowest ever recorded since the studies first commenced in 1984 (see graph). This momentum is starving the tobacco industry of new smokers, which is one important reason why all tobacco companies are now busily acquiring e-cigarette brands.

Proportion of 12- to 15-year-olds who smoke, 1984 to 2014

image-20151203-22439-ofg596

Trends in proportion of current (smoked in past seven days) and committed smokers (smoked on three or more of the past seven days) among 12 to 15-year old students, Australia, 1984-2014.

With adults, National Accounts data just released show that for the 11 quarter-year periods since March 2013, consumption of tobacco products in aggregate fell an unprecedented 20.8%, while the previous 11 quarters it fell 15.7% and in the 11 before that, only 2.2%.

The latest available data on adult smoking prevalence we have is from 2013 and show just 12.8% of Australians over 14 smoked on a daily basis. This is the lowest on record and again, the biggest percentage falls experienced since the surveys commenced (see graph).

Reductions in daily smoking among Australians aged over 14, 1991 to 2013

AIHW National Drug Strategy Household Survey 2013: preliminary findings. 2014 Author-sourced.

AIHW National Drug Strategy Household Survey 2013: preliminary findings. 2014 Author-sourced.

Meanwhile, the tobacco industry plods along funding heavily lambasted studies which purport to show none of this is happening.

The argument that plain packaging would cause illicit trade to boom was made with monotonous regularity by Big Tobacco between April 2010 when plain packaging was announced and its December 2012 implementation. When the industry lost its case in the High Court, the argument was quietly dropped.

Today, the industry explains illicit trade entirely by the heinous government tobacco tax rises cloaked in a sanctimonious rhetoric of speaking up for poor smokers and corporate citizen concern about tax avoidance bleeding Treasury. In all this it fails to mention that it has long used tax rises as air cover to quietly raise its own profit margins.

As I wrote recently in The Conversation:

From August 2011 to February 2013, while excise duty rose 24¢ for a pack of 25, the tobacco companies’ portion of the cigarette price (which excludes excise and GST), jumped A$1.75 to A$7.10. While excise had risen 2.8% over the period, the average net price had risen 27%. Philip Morris’ budget brand Choice 25s rose A$1.80 in this period, with only 41¢ of this being from excise and GST.

Ireland, the United Kingdom and France have already passed laws to introduce plain packs. Norway and Canada will soon, and New Zealand, Chile, Turkey, South Africa and Brazil have also made high-level noises about joining in too. The world has a lot to thank Rudd and Gillard governments (and particularly Health Minister Nicola Roxon) for taking this initiative, and the subsequent Coalition government for continuing to support it strongly as it continues to come under attack from those it has and will continue to hurt.

Update: Dec 5: There are now 25 nations which have either passed plain packaging legislation, have it in train, or are planning to introduce it. See https://twitter.com/SimonChapman6/status/672888858871095296