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Plain Packaging

Tobacco firms denied plain pack appeal

The UK supreme court has made a final decision, denying tobacco firms permission to appeal against plain packaging.

http://www.packagingnews.co.uk/news/markets/tobacco/tobacco-firms-denied-plain-pack-appeal-12-04-2017

The decision means that all cigarettes sold in the UK after 20 May must come in the standardised packaging that’s been increasingly appearing in shops during the trial period over the last year.

There will also no longer be packs of 10 cigarettes available in a move designed to deter young people from taking up smoking. For the same reason menthol cigarettes are being phased out but more gradually. They will disappear from shelves by May 2020.

Last November, British American Tobacco, Imperial Brands, Japan Tobacco International (JTI) and Philip Morris International went to the supreme court after the court of appeal claiming that the plain pack law would infringe their human and intellectual property rights but he appeal was rejected.

Any hopes the companies might have had that there was still a slim chance a challenge could be mounted will have been dashed by the final ruling.

The health secretary, Jeremy Hunt, welcomed the supreme court’s decision, saying: “Standardised packaging will cut smoking rates and reduce suffering, disease and avoidable deaths.”

Cigarettes and tobacco: what are the new rules and regulations?

The new rules have been made under new European Union law called the Tobacco Products Directive.

https://inews.co.uk/essentials/news/health/cigarettes-tobacco-new-rules-regulations/

Technically, the law came into force on 20 May last year, but companies were given a 12-month grace period to sell their old packs and bring in standardised packaging.

From next month, all tobacco must be packaged in drab, dark brown packs with no graphic branding.

standardised-packaging

The new packs are the same shape, size and colour, with two thirds of the front and back surfaces covered by pictorial health warnings, and written warnings on the sides.

From 21 May this year, anyone caught selling non-plain packs will face severe penalties.

Smokers will also no longer be able to buy smaller packs of cigarettes and rolling tobacco while menthols will be phased out completely by May 2020.

At the moment, rolling tobacco comes in 10g and 20g packets – but soon 30g will be the smallest size.

The ban includes some flavoured tobacco and cigarettes – including fruit, spice, herbs, alcohol, candy and vanilla.

There are also internal packaging requirements as well as rules for individual cigarette sticks. All other trademarks, logos, colour schemes and promotional images are prohibited.

Cost of cigarettes

A pack of cigarettes is now at least £8.81, which campaigners say is a key factor in making people quit smoking.

Action on Smoking and Health believe that removing the packet of ten cigarettes this means people will have to find that extra money for a packet.

“It will hit poorer and younger smokers harder who are more likely to buy smaller packs,” a spokesperson said.

Smokers’ rights group Forest said the new rules “treat adults like children and teenagers like idiots”.

New vaping laws will also come into force next month restricting sale of e-liquids and e-cigarettes.

Among the rules are: refillable tanks must have a capacity of no more than 2ml, e-liquids can not be sold in quantities greater than 10ml and e-liquid packaging must be child-resistant and tamper evident.

 

What the new tobacco and cigarette packaging laws mean

Ten packs and smaller tobacco bags are out, while standard plain covers are in

http://www.theweek.co.uk/83551/what-the-new-tobacco-and-cigarette-packaging-laws-mean

New laws that standardise the appearance of tobacco packets and limit the range of products on offer come into force next month after a bid to halt the legislation was thrown out by the Supreme Court.

What was the Supreme Court ruling about?

Four tobacco giants took legal action in a last-ditch attempt to stop the introduction of mandatory plain packaging on cigarettes sold in the UK.

They argued the law would infringe their human and intellectual property rights by making their products indistinguishable. In addition, they also questioned evidence that plain packaging would deter smokers.

However, Judge Nicholas Green, who heard the original application for a judicial review of the 2015 legislation, ruled the regulations “were lawful when they were promulgated by parliament and they are lawful now in the light of the most up-to-date evidence”.

What happens on 21 May?

All cigarette packets will come in a single shade of “opaque couche” – a muddy green which The Sun describes as “the world’s ugliest colour”.

Brand names will be written in a standard font, size and location on the pack, while health warnings will cover at least 65 per cent of the box or packet. They can also no longer carry words such as “lite”, “natural” or “organic” and menthol cigarettes will be phased out completely by 2020.

Smokers will additionally not be able to buy smaller packs of cigarettes or rolling tobacco. Packets of ten are being axed, as are 10g (a third of an ounce) and 20g packs (0.7oz) of rolling tobacco.

Amanda Sanford, spokeswoman for Action on Smoking and Health (Ash), told the Liverpool Echo that banning smaller packers was intended to deter younger smokers who are more likely to buy them because they are cheaper.

Technically, the law came into force on 20 May 2016, but tobacco companies were given a 12-month period to standardise packaging and dispose of old stock. From 21 May this year, anyone breaking the new rules faces strict penalties.

Is this a good move?

Health Secretary Jeremy Hunt said standardised packaging “will cut smoking rates and reduce suffering, disease and avoidable deaths”, while government chief medical officer Dame Sally Davies says she was “thrilled” the tobacco industry was not allowed to appeal.

However, smokers rights group Forest said the new rules “treat adults like children and teenagers like idiots”.

Is the UK the first country to do this?

No. Australia led the way with a law that meant tobacco products on sale after 1 December 2012 had to carry plain packaging and French packaging legislation came into effect at the start of 2017. Similar laws in Ireland, Hungary and New Zealand have not yet been rolled out.

How tobacco firms flout UK law on plain packaging

Brands use competitive price labels to avoid restrictions on marketing

https://www.theguardian.com/society/2017/apr/09/tobacco-companies-flout-law-plain-packaging

An insider in the tobacco industry has revealed some of the unscrupulous tactics it is using to avoid new restrictions governing the marketing of cigarettes that come into force next month.

One strategy – sticking competitive pricing labels on packets, a move designed to attract cost-conscious poorer smokers who make up the majority of the market – is already in breach of the regulations, according to legal advice obtained by Action on Smoking and Health (Ash).

The whistleblower, until recently employed by Imperial Tobacco, one of the UK’s largest companies, told the Observer that all four of the industry’s main players were employing a range of branding initiatives involving pack design to differentiate their products before the new regulations come into force on 20 May. From this date, cigarettes must be sold in dark green packs of 20 that carry health warnings covering at least 65% of the box.

Plain packaging was first introduced in May last year. “Any branded stock you see out there now will have been produced before 20 May last year,” said the whistleblower who used the pseudonym, Martin Sempah. “So the cigarette companies have been on a massive stock building exercise to make sure they have their branded packs in the market for as long as possible, to leverage the brand benefit.” But, under the new regulations, any packs manufactured after 20 May last year must be devoid of eye-catching price labels, something that severely limits the tobacco companies’ ability to market them aggressively.

“Price with cigarettes is massive,” Sempah said. “It’s what drives growth in market share. You get your price mark wrong and you can lose market share and millions. The issue for Imperial was that from 20 May 2016 until 20 May 2017 they’d have branded packs out there but no way of controlling the price on them.”

The solution was to employ a separate agency to add promotional price stickers to the packets’ cellophane wrappers, a practice known in the trade as “stickering”, that, according to Sempah, involved “millions and millions” of packs and which the tobacco firms insist is not in breach of the regulations because it is not part of the manufacturing process.

Imperial employed an agency called Clipper to add the stickers, Sempah said. Ash has written to the other three major tobacco companies –JTI, BAT and PMI – saying it is aware that they have been employing a similar strategy.

The health organisation has received a legal opinion from Peter Oliver, a barrister at Monckton Chambers, that suggests the strategy breaches the regulations which state that cigarette packets must be wrapped in cellophane that is “clear and transparent” and must not be “coloured or marked”.

“Once again, the tobacco companies seem to be stretching the law to snapping point,” said Deborah Arnott, chief executive of Ash. “They have already wasted thousands of legal hours and millions of pounds in fees trying to get the standardised packaging rules scrapped and failed miserably. Now it seems they are trying to get round the rules, by adding stickers to cigarette packs after the 20 May 2016 and claiming that this is not part of the production process. But, as our legal opinion confirms, such claims are false and the behaviour unlawful. We would like to see appropriate enforcement action taken against any tobacco manufacturer engaged in this practice without delay.”

Stickering is only one weapon in the industry’s arsenal, Sempah suggested. “When the regulations came out they started to look for loopholes. They said: how can we use particular varnishes and finishes on our plain packs to make them more tactile in a person’s hands, to make them more attractive? Do we use a different type of foil? If you look at a pack of Marlboro Gold it has got a trademark type of foil – it’s resealable. There are methods they are using to get round the regulations to increase the brand equity in their packs.”

Another strategy is to use key words to signify different “strengths” of cigarette – something that is banned. The word “real” is being used to suggest “full flavour” while “bright” denotes cigarettes that were once labelled ‘light’.

Two, separately wrapped, packs of 10 cigarettes inserted inside a 20-size pack have been developed to appeal to smokers who prefer smaller packs.“They’re going to be investing a lot more in festivals and nightclubs,” Sempah said. “You can’t say ‘sponsored by’ but you can create a fantastic experience which kind of looks like a cigarette brand.

“For example, last year Golden Virginia did stuff at the Latitude festival. They had a bar and a smoking area – all green furniture and green T-shirts for staff. It was a slightly different green from Golden Virginia and it was called Roll and Rock rather than Golden Virginia but at the bar you could only buy Golden Virginia.”

In their written responses to Ash all four tobacco companies and Clipper insisted that they complied with all the regulations. Sempah said most in the tobacco industry doubted the marketing strategies would have much of an impact in the long run. “Nobody really expects this to work, but there’s so many big salaries tied up in marketing in the tobacco companies they have to try to make it work.”

Cigarettes and plain packaging – new dataset says it works

It seems our carrying in good faith last week the data-selective assertions of Canadian journalist and development officer of ‘Students for Liberty,’ Yael Ossowski, that plain cigarette packaging does not work as a harm reduction tool, is way short of the full story. So short as to be untrue, says Yussuf Saloojee, Executive Director of SA’s National Council Against Smoking in his response below. He claims Ossowski is just plain wrong – and provides a wider data-set, making a strong case for plain packaging. Saloojee picks out a more convincing Australian data-set than the one Ossowski used. It’s one of those fields where trillions of dollars are at stake and smoke and mirrors are the order of the day. As I found out when once I tried to sift through the mountains of opposing data submitted by the protagonists in the e-cigarettes debate where the latest arena of battle is harm-reduction. Some international scientific heavyweights stack up on the side of e-cigarettes, like SA-born pioneering long distance swimmer and executive director of the Vitality Institute, Dr Derek Yach. Harm-reduction and preventative wellness medicine and exercise lie at the core of Discovery Health’s business model, hence the choice of former WHO executive Yach to head up their Institute. Yach was behind much of the ANC’s globally-admired, progressive smoking policies and evolving legislation. But he parts company with Saloojee on e-cigarettes and harm reduction, saying it’s the smoke that kills, not the nicotine (which e-cigs deliver, without the more harmful smoke). Here are the results of Saloojee’s foray into the scientific wizardry of Oz where this dataset seems to blow away some of the red outback dust that Ossowski stirred up. – Chris Bateman

http://www.biznews.com/health/2017/03/06/cigarettes-plain-packaging/

By Yussuf Saloojee*

In Australia, the attractive colours and logos that increase the appeal of the cigarette pack, especially to children, have been replaced by honest, truthful information on the dangers of smoking. Cigarettes are now sold in plain packaging – that is, in dark brown packets with pictures of sick smokers on it.

And plain packaging works. Smoking rates have dropped to record lows since its introduction in late 2012.

The latest data from the Australian Secondary Student’s Alcohol and Drug survey show that between 2011 and 2014 the number of 12 to 17 year-old students who have never smoked increased from 77.4% to 80.5%. Adult smoking rates have also fallen. Among Australians aged 14 or older the number of people who smoke daily fell from 15.1% to 12.8% between 2010-13.

There are now 200,000 fewer smokers in this age group.

The tobacco industry knows that plain packaging lowers profits, so the industry and its cronies have resorted to falsely claiming that plain packaging is ineffective.

Further, the major cigarette companies are rapidly expanding into the e-cigarette business and would obviously benefit from growth in this market. So, to kill two birds with one stone, the industry proposes that plain packaging laws should be dropped and that e-cigarettes (or ‘vaping’) be promoted to reduce smoking. A win-win for the industry, as a measure that reduces sales would be replaced with one that increases profits.

The problem with this suggestion is that the majority of e-cigarette users still continue to smoke regular cigarettes and there is no health benefit if people both vapor and smoke. While the industry would profit from addiction by selling e-cigarettes alongside regular cigarettes, there would be no public health gain.

The decision to implement plain packaging in Australia was based upon extensive scientific evidence and the law has been upheld by the courts. Numerous other countries, including Ireland, the United Kingdom, France, Hungary, New Zealand, Norway, Chile and Singapore, are persuaded by this evidence and have now adopted or are considering adopting similar measures.

South Africa would be well advised to also do so, as plain packaging will help reduce the over 40,000 deaths caused by cigarettes each year.

Yussuf Saloojee, Exco Director of the SA National Council Against Smoking

Just one $2000 fine issued since tough new plain packaging laws introduced

Big tobacco has exploited a loophole in Australia’s world-first plain-packaging laws, which allowed smokers to ditch the now famous drab packaging.

http://www.smh.com.au/national/health/just-one-2000-fine-issued-since-tough-new-plain-packaging-laws-introduced-20170301-guoiu4.html

The Department of Health has received 1054 individual complaints involving 746 cases since the December 2012 legislation banning tobacco companies from putting their products in anything other than dark olive brown packaging that feature graphic health warnings.

Of those cases, 459 were cleared and 135 warning letters were issued, according to figures revealed in a Senate estimates hearing on Wednesday, with an ACT retailer receiving the only fine, paying $2040 for “non-compliant cigars”.

But the department could not say whether Imperial Tobacco, one of the world’s biggest tobacco companies, received a warning for producing what it described as a “fresher, premium product” for its Peter Stuyvesant brand which allowed customers to shed the government-mandated packaging and use a plain silver soft pack enclosed inside.

The Plain Packaging Act allows lining within the pack, but only foiled back paper, while also outlawing both inserts and onserts (a sticker that can go over existing packaging).

Departmental deputy secretary Wendy Southern told the hearing the Imperial insert, brought to the department’s attention by a media enquiry last year, was found to be an example “where clearly we believed it as circumventing the plain packaging legislation”, but there was some question over whether it constituted a breach.

“The department engaged with the manufacturer through correspondence and basically the company undertook to remove the product from the market,” she said, under questioning from Labor senator Murray Watt.

“So we have one of the biggest tobacco manufacturers in the world, quite deliberately circumventing these laws and nothing happens apart from an undertaking and that’s after several steps in the chain,” the Queensland senator asked.

“The undertaking is to remove it from the market, which is ultimately what we were seeking,” Dr Southern replied, adding that the way the legislation was crafted, there was a process of “escalation”.

The legislation sets out a maximum penalty of $36,000 for manufacturers who don’t comply.

A departmental spokesman told Fairfax Media the “vast majority” of tobacco manufacturers and retailers were obeying the legislation, but on the Imperial Tobacco matter there “were differing views on the compliance of the product with the legislation”.

“As a result of correspondence between the department and the company which did include warnings about the consequences of continued non-compliance, the company made a decision to withdraw the product from the market,” he said.

“The decision by the company to withdraw the product from the market, in this instance, avoided the potential for costly and protracted litigation with an uncertain outcome and achieved the compliance outcome sought by the department.”

He said the department received reports from Imperial on the withdrawal of the packs from sale.

Shadow health minister Catherine King said there was room to revisit the landmark legislation, which was created under the Rudd/Gillard governments, saying it was “critical” the laws were enforced.

“If the government believes the laws need strengthening to do this, then Labor will work with them as a priority. Or else they should explain why companies are being let off the hook,” she said.

The laws have seen early indications of success in other areas, with an Australian National University study finding calls to the quit hotlines increased by 78 per cent during the phase-in period, and sat above average for the next 10 months.

The department estimates 15,000 Australians die every year from smoking-related diseases and costs Australia more than $31 billion in social and economic costs.

Branded tobacco packaging rule riles BAT

The company warns a proposed ban on branded tobacco packaging poses a threat to British American Tobacco’s only cigarette plant in SA

https://www.businesslive.co.za/bd/companies/2017-03-02-branded-tobacco-packaging-rule-riles-bat/

British American Tobacco (BAT) says it may close SA’s only cigarette plant if plans to ban branded tobacco packaging are implemented.

BAT operates its eighth-largest factory in the world at Heidelberg, south of Johannesburg. The proposed new rules would threaten the financial viability of the operation, Joe Heshu, BAT’s head of external affairs in Southern Africa, said on Monday.

Plain packaging threatened the closure of the factory and “poses a threat to the viability of the legal tobacco industry in SA”, Heshu said. The move would make it harder to distinguish the cigarettes from black-market cigarettes and “the illegal market will benefit from having a cheaper product”, he said.

SA is cracking down on industries and products viewed as harmful to consumers, including through a planned tax on sugar-sweetened beverages, which Finance Minister Pravin Gordhan said in February would be implemented later in 2017.

SA had drafted a bill mandating plain cigarette packaging, which was expected to be made available for public comment soon, Elize Joubert, CEO of the Cancer Association of SA, said on Friday.

unnamed

“You don’t want to build jobs based on people who are sick,” said Joe Maila, a spokesman for the Department of Health. He declined to provide a time frame for the new rules.

Plain packaging of tobacco products, which has been championed globally by the World Health Organisation, requires standardised designs on cigarette packs.

BAT had cut 750 jobs in SA in two years as it grappled with an increase in illegal cigarettes, it said. The Heidelberg plant employs 1,100 people.

According to the Tobacco Institute of Southern Africa, the supply, distribution and sale of smuggled or counterfeit tobacco products have cost the government more than R21bn since 2010 in lost tax revenue.

Bloomberg

Slovenia adopts plain packaging

Congratulations to SFP Coalition Partners No excuse Slovenia and Slovenian Coalition for Public Health, Environment and Tobacco Control for their tireless advocacy to support this legislation in the last year.

http://www.smokefreepartnership.eu/partner-news/item/slovenia-adopts-plain-packaging

On 15 February the Slovenian Parliament adopted the draft law proposed by the government without a single vote against. Plain packaging is expected to enter into force in 2020.

Briefly, the new Slovenian Tobacco law includes:

– Plain packaging (65% coverage with health warnings and quitting information)
– Introduction of license for selling tobacco products,
– Total display and Tobacco advertising, promotion and sponsorship (TAPS) ban
– Prohibition of selling tobacco products with aromas and other additives
– Prohibition of smoking in cars with a minor present
– Prohibition of smoking indoors including E-cigarettes
– Mystery shopping/test purchasing by underage,
– Measures of prevention of illicit trade

Plain packs coming in 2020

Parliament unanimously approved a law to ban advertising for tobacco products and require uniform packaging from 2020, Reuters reported.

http://www.tobaccojournal.com/Plain_packs_coming_in_2020.54074.0.html

Slovenia joins countries like Australia and the UK in requiring a standard colour and branding on tobacco packaging. Roughly one-in-four Slovenians aged 15 to 64 smoke. Health Minister Milojka Kolar Celarc reportedly said the country wants to reduce the smoking rate to below 5 per cent of the adult Population.

Standardised Packaging and Tobacco Products Directive

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