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Plain Packaging

Children design cigarette packets as part of latest stop smoking campaign

Dec 30th, 2016
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Children front latest stop smoking campaign Credit: Public Health England

Primary school children have created their own “plain packaging” for cigarette packs ahead of the official roll-out of standardised packets in 2017.

The youngsters devised their own front-of-pack messages encouraging England’s seven million smokers to quit.

One child’s artwork says: “Don’t be a smoker – be a stopper.”

The children are featured in Public Health England’s (PHE) new campaign to highlight the damaging effect smoking has on the heart.

PHE said that every day 45 people die of cardiovascular disease such as heart attacks or strokes caused by smoking – more than 16,500 a year in England.

In the North East 18.7 per cent of people are smokers Standardised packaging will be mandatory from May 2017.

Cigarettes will be sold in packs which feature a graphic picture and text health warnings.

Ailsa Rutter, Director of Fresh, said: “If you smoke, quitting not only means an instant pay rise but also reduces your chances of a serious disease within days of stopping.

Children worry about their parents and grandparents smoking and quitting is likely to make your family very proud.

“This year there is another reason to quit at New Year, as more and more packs of cigarettes will be in plain standardised packaging with larger health warnings. Every cigarette is a stark reminder of the damage smoking causes.”

Dr John Bourke, Consultant Cardiologist at Newcastle Upon Tyne Hospitals NHS Trust and Cardiac Lead for the NorthernEngland Cardiovascular Network, added:

“Cigarette smoking is the single most important and avoidable risk factor for death at a young age in both men and women in the UK.

“Smoking speed up the ageing process in blood vessels throughout the body – causing heart attacks,leg amputations and strokes. In short, cigarette smoking accelerates the ageing process making your body older at every age than you actually should be.”

Cigarette smoking is the single most important and avoidable risk factor for death at a young age in both men and women in the UK.

Smokers looking to quit are being encouraged to search ‘Smokefree’ online or contact their local Stop Smoking Service.

Public Health England enlists children in campaign to emphasise smoking heart risk

Dec 30th, 2016
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A campaign launched today by Public Health England centres around NHS doctor and kids TV star Dr Ranj Singh working with children to encourage adults to stop
smoking.

Smokefree Health Harms launches today through a PR push across various media, and Facebook content.

The Facebook video content features Dr Singh working with primary school children to create images about the damage that smoking does to the heart and arteries.

These images are in the form of cigarette packets (below). Smokefree Health Harms launches as new rules come into force at the start of 2017 meaning that all cigarettes sold in the UK will be in unbranded standard packs that feature graphic image health warnings.

Dr Singh said: “We know that many people quit smoking for their family, and this film shows just how passionately children want to protect the health of smokers and want to help them quit.”

PHE’s campaign focuses on the fact that smoking increases the risk of heart disease by 24%, and doubles the risk of a heart attack or stroke, as well as highlighting that 45 people a day die of cardiovascular disease.

The campaign will direct people to support including an app, email, text and help in person from local stop smoking services.

As with other recent PHE campaigns, such as the One You diabetes and healthy living campaign launched on Monday. Creative agencies involved are M&C Saatchi, Ogilvy & Mather and 23red, with MEC handling media and Freud Communications for PR.

Visceral ads showing the impact of smoking on the body will continue to be shown in areas where there are higher rates of smoking.

France votes for plain cigarette packaging from 2016

Dec 17th, 2016
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Cigar ettes will be sold in logo-fr ee packaging fr om May 2016, despite objections from the conser vative opposition and tobacconists

Cigarettes in France will be sold in plain packaging under a law that was finally passed in parliament on Thursday despite objections from the conservative opposition.

Starting in May 2016, the brand name will appear but in a small, uniform typeface and packets will be shorn of logos.

With backing from the ruling Socialists and the Greens, the text finally came into law after mainly conservative senators added amendments to the draft that was first voted in April, which would allow the brand name to appear in small letters.

The senate had initially demanded that the neutral packaging clause be removed from the draft legislation.

Around a quarter of French adults indulge in the hazardous habit, according to the World Health Organisation, and one third of teenagers also smoke.

Nine years ago, France controversially banned smoking in enclosed public spaces, including bars and restaurants.

And only last month, Paris authorities doubled fines for dropping cigarette butts to 68 euros (£50/$75) in a city where some 350 tonnes of them are collected annually.

Last year, health minister Marisol Touraine estimated some 13 million people still light up in France and that smoking accounts for around 78,000 deaths, the leading cause of premature death in the country.

All cigarettes will from May next year have to be sold in neutral packaging of uniform size and colour in a move that is notably similar to legislation adopted in Australia three years ago.

The United Kingdom and Ireland have since followed suit.

Imperial stubs out plans for Supreme Court battle on tobacco packaging rules

Dec 17th, 2016
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Big Tobacco’s battle against the Government’s crackdown on cigarette packaging has taken a blow after a second company stubbed out plans to take its case to the Supreme Court.

http://www.telegraph.co.uk/business/2016/12/17/imperial-stubs-plans-supreme-court-battle-tobacco-packaging/

The decision by Imperial, the ­maker of Gauloises and Lambert & Butler cigarettes, leaves just two of the big four tobacco companies still considering whether to take the Government to the Supreme Court over the rules, which came into force in May.

Since then, cigarette firms have been required to manufacture products in standardised “plain” khaki packaging sporting prominent health warnings. All tobacco products sold in the UK from next May must comply with the rules.

Imperial joins Philip Morris International in reluctantly accepting the tobacco branding crackdown after a failed court challenge in May lead to an unsuccessful legal appeal last month.

A spokesman for Imperial told the Sunday Telegraph: “We maintain our firmly held view that plain packaging is not an effective tobacco control policy but we have chosen not to seek permission to escalate our legal challenge in the UK to the Supreme Court.”

British American Tobacco and Japan Tobacco International (JTI) will reveal “any day now” whether they will continue to fight the rules which came into effect in April, an industry source said.

But Imperial’s decision to walk away from the fight despite relying on the UK for around 15pc of its total earnings raises questions over the commitment of BAT which earns less than 1pc of its takings from Britain.

JTI also has a 15pc exposure to the market and has been the most outspoken against the legislation which its UK boss Daniel Sciamma has branded “commercial vandalism” which “sets a dangerous precedent for other targeted industries”.

Imperial said it plans to focus on maintaining its market share in the face of rising legislation and will invest more heavily in its specialist brands such e-cigarettes and non-tobacco vaping products.

WTO Delays Ruling In High-Stakes Tobacco Packaging Battle

Dec 6th, 2016
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The World Trade Organization will not issue a ruling on whether Australia’s “plain packaging” tobacco law usurps foreign companies’ intellectual property rights until May, according to WTO documents circulated Tuesday, delaying a decision that was slated to arrive by the end of 2016.

http://www.law360.com/articles/869566/wto-delays-ruling-in-high-stakes-tobacco-packaging-battle

A single WTO panel is weighing cases launched by the governments of Indonesia, Cuba, the Dominican Republic and Honduras asserting that Australian laws that ban all distinct branding from cigarette packages in favor of graphic warnings about the danger of the products. The case has teed up a high-stakes fight over the intersection of intellectual property rights and public health safeguards.

There is no precedent for such a law being challenged in Geneva, and the panel apparently needs more time to parse through the various legal issues at play.

“The panel wishes to advise that it now expects to issue its final report to the parties not before May 2017, in light of the complexity of the legal and factual issues that arise in this dispute,” the panel said in a statement circulated to the WTO.

Australia passed its packaging law in 2011 despite the protestations of numerous multinational corporations who viewed the measure as a direct threat to their use of trademarks and other branding mechanisms to promote their business. The four countries have said the law violates the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS, as well as the Agreement on Technical Barriers to Trade and the General Agreement on Tariffs and Trade.

At every step of the way, Australia has claimed that it has the right to curtail businesses’ trademarks in the name of public health. For the first time in the WTO’s history, the panel will have to grapple with how the TRIPS Agreement comports with a country’s right to pursue policy objectives that it deems necessary to safeguard the public’s welfare.

The legal battles over the plain packaging law began almost as soon as it went into effect, beginning with a case filed by Philip Morris Asia Ltd. under the Hong Kong-Australia bilateral investment treaty.

In that case, the panel handed a win to Australia, albeit on jurisdictional grounds, meaning that the WTO’s decision will likely be the first ruling to address the issue on the merits. Even when the decision does come down, the case will be far from settled as all parties will be entitled to a round of appeals.

Nevertheless, the case will continue to be closely watched not only by the litigants and others in the tobacco industry, but also by those companies selling products that could e subject to similar public health rules, such as alcoholic beverages or fatty and sugary foods.

–Editing by Katherine Rautenberg.

National Cancer Institute – The Economics of Tobacco and Tobacco Control

Dec 1st, 2016
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Tobacco giants lose legal battle over plain-packaging rules as new rules means packets of 10 will disappear

Nov 30th, 2016
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Some of Britain’s biggest tobacco firms have lost a legal battle in the Court of Appeal against plans for new plain-packaging rules

The companies were appealing a high court decision which upheld new rules to force firms to use plain and standardised packing for all their products.

The new rules ban tobacco companies from prominently branding their cigarettes and require that picture health warnings take up 65 per cent of the front and back of every packet.

Packets of 10 cigarettes are no longer allowed, as they do not have enough room for health warnings.

Additionally, promotional messages on packets like “is less harmful than other brands” are also banned.

Firms and shops have a year to get rid of their old stock and implement changes – after that, they will face penalties for breaking the law.

In May, they suffered what anti-smoking campaigners described as a ”crushing defeat” at the High Court.

The day before new regulations come into force, a judge in London had declared that they were ”valid and lawful in all respects”.

Mr Justice Green rejected a judicial review action brought against Health Secretary Jeremy Hunt.

Leading companies then took their case on to the Court of Appeal.

But on Wednesday, three judges in London rejected their challenge against the High Court’s decision.

A number of companies, including British American Tobacco, Imperial Tobacco and Japan Tobacco International, challenged the legality of the ”standardised packaging”
regulations.

They argued that the Standardised Packaging of Tobacco Products Regulations 2015 would destroy valuable property rights and render products indistinguishable from each other.

Dismissing the appeal, Lord Justice Lewison, Lord Justice Beatson and Sir Stephen Richards ruled that the Health Secretary had “lawfully exercised his powers”.

UK court rejects tobacco companies’ appeal on plain packaging

Nov 30th, 2016
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http://in.reuters.com/article/us-tobacco-court-appeal-idINKBN13P1ED

A UK court has dismissed an appeal brought by some of Britain’s largest tobacco companies over the government’s new plain packaging rules.

In its decision handed down on Wednesday, the court dismissed all appeals brought by British American Tobacco, Japan Tobacco, Imperial Brands and several paper manufacturers.

The companies argued that the law, which went into effect in May, unlawfully deprives them of their intellectual property by banning the use of all marketing on packages, including logos, colors and special fonts.

“This is a victory for public health and another crushing defeat for the tobacco industry,” said Deborah Arnott, chief executive of health charity Action on Smoking and Health.

“This ruling should also encourage other countries to press ahead with standardized packaging, now that the industry’s arguments have yet again been shown to be without foundation.”

BAT, the world’s second-biggest tobacco company, called the decision “disappointing” and said it was considering its options carefully.

(Reporting by Martinne Geller in London; Editing by Louise Heavens, Greg Mahlich)

Big Tobacco threatens Supreme Court fight after losing plain packaging appeal

Nov 30th, 2016
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http://www.telegraph.co.uk/business/2016/11/30/big-tobacco-threatens-supreme-court-fight-losing-packaging-appeal/

The world’s largest tobacco companies have threatened to take their battle against the Government’s plain packaging policy to the UK’s highest courts after losing their latest appeal against the branding crackdown.

The court of appeal today upheld legislation that forces all tobacco products to use uniform packaging in a ruling described by anti-smoking groups as a “crushing defeat” for the tobacco industry.

The latest blow to cigarette-makers British American Tobacco, Imperial, Japan Tobacco International and Philip Morris International follows their failed court challenge in May this year, one month after the new anti-tobacco legislation came into effect.

Under the new rules all tobacco packaging must be olive green and include large images showing the negative health consequences of smoking as a visual deterrent.

Tobacco companies have repeatedly branded the move unlawful and say it will be ineffective at reducing smoking rates. They will continue to oppose the regulation despite a second legal defeat. The exception to the industry-wide defiance is PMI, which said in May that it would focus on developing its smoke-free products rather than fight the case.

Daniel Sciamma, the UK managing director of Japan Tobacco, said that the company was already considering an appeal to the Supreme Court.

“This commercial vandalism sets a dangerous precedent for other targeted industries, who must be concerned that their brands will now be under threat. We obviously disagree with the court’s decision as it endorses the confiscation of our brands,” Mr Sciamma said.

Meanwhile BAT warned that the court decision “does not necessarily mark the end of the challenge” and a spokesman for Imperial said that it was reviewing the judgement before considering its legal position.

Jefferies analyst Owen Bennett said the impact of plain packaging would weigh most heavily on Imperial and Winston and Camel maker Japan Tobacco, which both rely on the UK for around 15pc of their overall earnings

For Marlboro maker PMI and BAT, the UK market makes up less than 1pc of their business.

Despite the minority exposure to the UK market the tobacco companies still have a strong incentive to fight the clampdown, which could spur similar legislation in other markets.

“Seeing results such as this may actually encourage other markets to follow suit,” said Mr Bennett, adding that should other countries wish to implement plain packaging in the years ahead then the outcome of any challenges would most likely be the same.

WHO Chief Calls for Multisectoral Collaboration in Global Health Advocacy

Nov 21st, 2016
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http://www.womenofchina.cn/womenofchina/html1/news/international/1611/4463-1.htm

“Tobacco use kills around 6 million people each year. That’s a fact. Health literacy must extend from the personal to the political and policy levels,” said Margaret Chan, the director-general of WHO, in her keynote address at the 9th Global Conference on Health Promotion.

From November 21 to 24, World Health Organization officials, health ministers and health city mayors, totaling more than 1,180 health sector personnel from 126 countries and regions, will gather in Shanghai to discuss global health promotion and equity.

The conference, led by WHO, rotates host cities every three to four years. This year’s event is the first one to be held in China, the country with the world’s biggest population and thus the toughest challenge when it comes to health.

Describing the combination of legislative and fiscal measures as “among the most effective interventions,” Chan called for intersectional efforts at both the national and municipal levels to reshape people’s environments and lifestyle choices.

“Today’s complex health challenges can no longer be addressed by the health sector acting alone. Curbing the rise of antimicrobial resistance requires policy support from agriculture. Access to clean energy fuels economic growth, but it also reduces millions of deaths from respiratory and cardiovascular disease associated with air pollution,” Chan said.

Citing success in Australia, the U.K. and France, the director-general called on more countries to carry out Plain Packaging, a tobacco control measure headed by the WHO Framework Convention on Tobacco Control.

“In October, WHO urged governments to introduce taxes on sugar-sweetened beverages to reduce their significant contribution to obesity, diabetes and dental decay,” she added.

Chan also urged governments to accept responsibility for protecting children from obesity, and for assisting the poor in accessing healthy foods.

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