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Andrew Forrest calls for smoking age to be raised to 21

Australians would be prohibited from buying cigarettes until age 21 under a new cancer-fighting plan developed by billionaire mining magnate Andrew Forrest.

http://www.begadistrictnews.com.au/story/4959522/andrew-forrest-calls-for-smoking-age-to-be-raised-to-21/?cs=7

Mr Forrest and his wife Nicola are spearheading a major lobbying campaign to convince federal and state governments to raise the legal tobacco purchase age from 18 to 21 – a move they say would stop young people getting hooked, save lives and save government coffers up to $3.1 billion a year.

Mr Forrest and other members of the Eliminate Cancer Initiative – which the Forrests fund through their philanthropic Minderoo Foundation – have already presented the plan to federal Health Minister Greg Hunt and his state counterparts as part of an all-out assault on big tobacco.

The effort comes after Mr Forrest confirmed last week he is considering suing big tobacco companies for the cost of smoking-related illnesses. The plan is based on a landmark Canadian lawsuit in which three companies were ordered to pay more than $15.6 billion in damages.

Mr Forrest said tobacco companies – which he described as “more cunning than a gold-toothed rat” – must be held accountable for the suffering they have caused Australians. And they cannot be allowed to continue “preying on our vulnerable youth”, he said.

“Nearly 90 per cent of adult smokers start as children. By the time they reach 21, they are hooked and become lifelong customers of big tobacco,” Mr Forrest said.

“When tobacco causes many times more cost to the nation that it ever brings in revenue, and creates extreme suffering before palliative care and death, there is something seriously wrong with any government in the world, particularly ours, tolerating it.”

Dr Ronald DePinho, former president of the MD Anderson Cancer Center in the United States and now an executive director of the ECI, said Australia had an opportunity to inspire the world with “Tobacco 21″ legislation.

“Tobacco 21 is a child health issue that must be addressed with urgency, as hundreds of Australian children experiment with tobacco products every day,” he said.

Smoking kills an estimated 15,000 Australians every year, and costs taxpayers an estimated $31.5 billion in health and economic costs. These costs dwarf the revenue the Commonwealth reaps in tax revenues from cigarette sales: just over $10 billion in 2016-17.

The “Tobacco 21″ plan would save the government $3.1 billion in health and associated economic costs every year, Minderoo modelling has found. Accounting for $1.3 billion in lost tax revenue from cigarette, there would still be a $1.8 billion benefit to Australian taxpayers.

The campaign has the strong backing of the Cancer Council of Australia and the Australian Medical Association.

A March 2015 report by the US-based Institute of Medicine concluded raising the tobacco sale age to 21 would have a substantial positive impact on public health. The change would significantly reduce the number of adolescents and young adults who start smoking and ultimately reduce smoking-related deaths.

The report predicted the change would eventually reduce the smoking rate by about 12 per cent and smoking-related deaths by 10 per cent. In the US, Hawaii and California have recently become the first states to implement Tobacco 21 laws.

The Forrest’s helped set up the ECI earlier this year with an initial $75 million in philanthropic funding – part of their record-breaking $400 million donation. It aims to bring the fragmented cancer research community together, accelerate research breakthroughs and improve prevention, detection and treatment, including access to life-saving clinical trials.

Smoking age should be raised to 21 years says mining magnate Andrew Forrest

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Mining billionaire Andrew Forrest plotting ‘assault’ on the tobacco industry

Suing big tobacco for the costs of smoking-related illnesses is on the radar of an organisation set up by billionaire iron ore magnate and philanthropist Andrew “Twiggy” Forrest.

http://www.abc.net.au/news/2017-09-30/andrew-forrest-cancer-centre-to-take-on-tobacco-industry/9004204

The $75-million Eliminate Cancer Initiative (ECI), funded by Mr Forrest and wife Nicola, is seeking legal advice on the potential to mount a case seeking billions of dollars in compensation from tobacco companies.

ECI said the potential litigation would likely be based on a landmark Canadian lawsuit where three tobacco companies were ordered to pay more than $15.6 billion in damages to smokers in Quebec.

“What we do need to keep in mind is the impact and cost associated with those smokers who are now coming through the healthcare system,” ECI chief operating officer Bruce Mansfield said.

“We do need to recognise that there is a cost associated with tobacco and therefore an approach that needs to be considered very sensibly is for those industries to actually take some of the burden away from the community and of course the government.”

Mr Forrest said to tackle cancer, smoking must also be tackled because it was the single-greatest cause of preventable death.

“Cancer is the greatest cause of disease burden in Australia and, personally, it has caused the misery of every single generation of Forrests since the premature death of Lord John Forrest in 1918,” Mr Forrest said.

“One hundred million lives will be lost in the next decade — one in six deaths and with a rising incidence by 70 per cent in the next two decades.

“We must erupt change and bring this devastating disease to its knees.”

The potential litigation would be part of a multi-pronged “assault” on the tobacco industry that is also seeking to have major financial institutions cut tobacco companies from their investment portfolios, Mr Forrest’s Minderoo Foundation said.

The Australian Council on Smoking and Health has welcomed the move to put the burden of health costs back on the tobacco industry.

“The biggest impact of a successful legal action would be to hasten the demise of the tobacco industry in Australia,” president Maurice Swanson said.

“We all know that tobacco is expensive in Australia and that’s because we have relatively high taxes and they have been successful at reducing the number of smokers in Australia but those taxes are paid by individual smokers.

“The most compelling reason we’re calling for this sort of action is that taxpayers are the group that picks up the tab for the treatment of smoking caused diseases.

“The tobacco industry itself, the most lethal industry in the world, contributes nothing to compensate governments for the healthcare costs that are incurred by the consumption of their lethal product.”

‘We must hold them to account’

Cancer Council chief executive Sanchia Aranda also applauded the move and explained most governments do not have the finances to go head to head with big tobacco.

“Most countries haven’t gone down this way because the tobacco industry has very deep pockets,” Professor Aranda said.

“The tobacco industry has known for over 50 years that its product kills and yet they continue to manufacture and promote this product and market it to unsuspecting young people worldwide.”

Legal action poised to be announced within days

More than 15,000 Australians are diagnosed with preventable cancers caused by tobacco each year and 12.2 per cent of the population currently smoke.

Professor Aranda has commended the Federal Government for policy measures taken to decrease smoking rates, including tobacco taxes and the introduction of graphic warnings on packaging, but said they do not work for everybody.

“There’s certainly the belief that since graphic warnings and plain packaging that Australians should be well aware of the dangers of smoking but the problem is that tobacco smoke or the nicotine within that is highly addictive and it takes a very short time to become addicted to cigarettes,” Professor Aranda said.

“Even people who’ve given up some years ago in the older generations are facing tobacco-related illnesses — not only cancers but respiratory disease, vascular disease, heart disease — so we see this as the biggest burden of healthcare costs in Australia for the foreseeable future,” she said.

ECI said this concern was why part of their efforts would also look at lobbying for further policy changes such as raising the minimum age to purchase tobacco.

The organisation is expected to make an announcement regarding the potential challenge to the tobacco industry in the coming days.

One of Australia’s richest citizens is preparing to take on big tobacco

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Honduras takes on Australia over tobacco plain packaging

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Cigarettes to increase by AUD $2.70 a pack

SORRY, smokers.

http://www.news.com.au/finance/money/costs/cigarettes-to-increase-by-270-a-pack/news-story/cc94b9d54eb6d81f94df34808ed8243b

It’s the 1st of September, which means the government is jacking up the price of tobacco to feed its filthy spending habit.

From today, tobacco excise on cigarettes will rise by 13 per cent, from AUD 62 cents to AUD 70 cents per stick, while excise on other tobacco products will rise 17 per cent from AUD $771.60 to AUD $901.39 per kilogram.

That means a 30-pack of Winfield Blues, currently retailing for AUD $32.50, will rise to AUD $35.20 (HKD 219). “That’s a AUD $2.70 (HKD17) price hike that will make poor, addicted smokers worse off,” said Liberal Democrats Senator David Leyonhjelm, describing it as a “huge, cruel” tax rise.

The 13 per cent increase reflects the last six months of wages growth plus the twice-yearly 12.5 per cent tax increase, while the increase in excise on roll-your own includes these factors plus an additional 3 per cent to bring its taxation into line with cigarettes.

The roll-your own changes were announced in the May budget and will be phased in over four annual changes each September. The new measure is expected to claw back additional AUD $360 million in tax over four years, $35 million of which will be paid to the states and territories.

In 2016-17, the government raked in AUD $10.69 billion in tobacco excise.

“In addition, GST is imposed on both the cost of tobacco and the tobacco excise — a tax on a tax,” Senator Leyonhjelm said. “Tax will rise from 66 per cent of the price of cigarettes to 69 per cent. Tax paid by smokers is at least 17 times the cost that smokers impose on other taxpayers via the health system.

“The government bans the sale of e cigarettes that contain nicotine, even though these are 95 per cent less harmful than cigarettes. The extortionate taxation of tobacco, combined with the ban on e-cigarettes and plain packaging rules, have generated a booming black market in untaxed, unregulated tobacco run by organised crime. This supports the pushing of drugs and illegal guns.”

In 2014, the Liberal Democrats confirmed the party had received “tens of thousands” of dollars from tobacco giant Philip Morris in the lead-up to the 2013 election, but Senator Leyonhjelm denied the donation influenced his vocal opposition to plain packaging.

“The Liberal Democrats have been around for about 20 years, and freedom of smokers’ rights was the first issue, and the party only got its first donation [from Philip Morris] last year,” he told The Guardian. “So it’s not like anyone’s mind was changed or anything.”

According to the Cancer Council, tobacco smoking remains the leading preventable cause of death in the country, claiming the lives of 15,500 Australians every year.

Smokers usually pay 45-50 per cent more on their monthly life insurance premiums, according to analysis by comparison website Finder.com.au. A 35-year-old male smoker will pay $80 per month for an $800,000 life insurance policy, compared to a non-smoker who will only pay $40 for the same policy.

“A smoker’s dirty habit can really add up over the course of the year, and it’s just become even more expensive so now would be a great time to quit and potentially save yourself over $10,000 a year,” Finder.com.au spokeswoman Bessie Hassan said.

“It’s not just the price of a packet of cigarettes but also more expensive insurance premiums, and the cost to your health over time that all add up. It’s important to note that insurers usually require you to have given up smoking for at least 12 months before they classify you as a non-smoker, so start today.”

British American Tobacco’s lab has been used by Australian Border Force to test evidence in black market cases

Australian Border Force (ABF) and Commonwealth prosecutors have been relying on evidence provided by Australia’s biggest tobacco company to charge black market traders.

http://www.abc.net.au/news/2017-08-31/tobacco-giants-testing-evidence-for-border-force-cases/8856834

ABF has handed seized tobacco to British American Tobacco (BAT) to be tested in its laboratory, an ABC investigation has revealed.

BAT has analysed the product and then provided documentary or expert evidence which has then been produced in court.

It raises questions about independence and integrity and potentially breaches a major global agreement.

The World Health Organisation treaty limits tobacco companies’ involvement with law enforcement to only what is strictly necessary.

Tobacco companies argue they are being good corporate citizens by helping in the fight against the black market trade, but anti-smoking advocates say they are just protecting their bottom line.

Earlier this week, the ABC revealed big tobacco companies were propping up law enforcement by providing high-level intelligence and paying for surveillance technology.

There is a government agency called the National Measurement Institute that provides analysis for law enforcement.

A spokesperson for ABF said it used the agency “where possible”, but conceded there were times it had relied on the tobacco companies.

“There are instances in which tobacco companies have provided assistance in identifying counterfeit or illicit tobacco and have supplied statements for court proceedings,” the spokesperson said.

The Commonwealth Director of Public Prosecutions represents the agency in most court matters and, in a statement, said it “relies on evidence obtained from investigative agencies”.

“The identification of suitable experts is normally a matter for the relevant investigative agency … [and] is fully disclosed during the course of any prosecution.”

BAT confirms laboratory services loaned to ABF and others

When contacted by the ABC, BAT confirmed it had loaned its facilities to more than one law enforcement agency.

“That was about establishing whether the products were tobacco products, which is important to know before they can proceed with prosecution,” BAT spokesman Josh Fett said.

“We were pretty happy to help out, because the tobacco black market is huge.”

He said BAT approached law enforcement with the offer, and did not charge them for the service.

“I certainly don’t think there’s any conflict … it’s up to law enforcement agencies whose service they use and in these cases it was us,” he said.

“We have a clear interest in combating and assisting anyone that’s willing to fight criminals selling illicit tobacco in Australia, we don’t have any issue with helping anyone we can.”

Tobacco company ‘drafts warrant request’

The ABC has obtained more documents showing the level of the tobacco giants’ involvement in police operations.

An Imperial Tobacco PowerPoint presentation boasted its company and Philip Morris “assisted NSW Police to conduct raids” at six locations in Sydney in 2015.

PHOTO: The raids purportedly seized $60,000 worth of black market tobacco. (ABC News)

“Our role … provide a brief of evidence to police,” it read.

“Draft warrant request.

“Store seized product.”

PHOTO: Imperial Tobacco analysed the product for police. (ABC News)

PHOTO: Imperial Tobacco analysed the product for police. (ABC News)

Imperial Tobacco emailed the presentation to New South Wales Labor MP Paul Lynch in October 2015.

“I was astonished I must say, I had no idea that the cooperation between a large tobacco company and the police was as intense as it is,” he said.

“This is a relationship that’s way too close.”

He said NSW police needed to own up about the level of cooperation they had with the tobacco companies.

“The police have to be entirely transparent about what exactly they’re doing and upfront about the reality that tobacco companies are making profit out of their activities,” he said.

“Police need to behave as the police and conduct their own investigations, prepare their own briefs and execute their own warrants.

“That’s not a function of the state that should be farmed out to private corporations.”

Police, Imperial Tobacco decline to answer questions

New South Wales police declined to answer the ABC’s questions about the cooperation and declined to specifically comment on the tobacco industry.

They sent a statement saying they regularly worked with many industries.

“Their involvement is non-operational,” the said.

“Just as a member of the community may provide information to law enforcement about crime impacting the community, so too will industry.”

Imperial Tobacco Australia also declined to answer the ABC’s specific questions.

It also sent a statement, in which it says [the industry] will continue to provide intelligence on the black market.

“Imperial Tobacco Australia makes available to relevant enforcement and prosecuting authorities our personnel who hold expert knowledge in respect of tobacco products.

“It is our view that the cooperation of our industry with enforcement and prosecuting personnel is vital to combatting serious and organised crime that is responsible for much of the trade in illicit tobacco.

“The documents you refer to were designed to give transparency and shine a light on this alarming issue.”

Big tobacco’s push to legalise e-cigarettes needs to be quashed immediately

If Philip Morris truly believed it’s push to legalise e-cigarettes containing nicotine in this country had merit it would be making its case publicly and under its own name.

http://www.canberratimes.com.au/comment/ct-editorial/big-tobaccos-push-to-legalise-ecigarettes-needs-to-be-quashed-immediately-20170713-gxaow8.html

The fact the tobacco giant is using its catspaw smokers’ rights lobby group “I Deserve To Be Heard” to lend the argument the dubious legitimacy of contrived popular support is, in itself, a good reason for the Federal Government to refuse to give this matter any oxygen.

Another is that in the almost 500 years since Spanish merchants introduced tobacco to Europe from the New World big tobacco’s track record of advocating anything in the public interest has been appalling.

It’s a pretty good bet, just on the historical record, that if Philip Morris thinks it would benefit from the legalisation of e-cigarettes there’s likely some sort of downside for the broader society.

Despite the handsome revenues governments rake in from the taxes, levies and charges imposed on what is arguably the most deadly mass consumption product available for public sale, the industry, and its users, always come out ahead.

The costs to other taxpayers from picking up the burden of additional healthcare and lost productivity arising from the chronic illnesses and early deaths caused by consumption on tobacco products far outweigh the revenues that come in.

An estimated 15,000 Australians die of smoking related causes each year at a cost to the community, in terms of health expenditure and economic costs, of $31.5 billion a year. This is almost three times the roughly $12 billion spent on tobacco products in Australia in 2015.

This is not a message big tobacco is keen to spread. Instead, by enlisting proxies from the nicotine-using and “vaping” communities, it is trying to play this as a “free speech” and “freedom of choice” issue.

That is not the case. Public health was, is and must always be, the core issue in the smoking debate. Everything else, as was demonstrated by the industry’s failed bid to overturn plain packaging, is a side show.

Health concerns were behind the many initiatives, including increased prices, that have seen Australian smoking rates fall to less than 13 per cent compared to 1945 when 72 per cent of males and 26 per cent of females smoked.

Today’s battle is not so much to wean the last hard core smokers off the habit as it is to stop young people from taking it up.

This is why e-cigarettes, which could be touted as a “reduced risk” and potentially “cool” way to imbibe must stay banned.

If legalised they would simply serve as yet another gateway towards the use of the traditional product.

Exposed: big tobacco’s behind-the-scenes ‘astroturf’ campaign to change vaping laws

Tobacco giant Philip Morris is running an under-the-radar campaign to convince federal politicians to legalise e-cigarettes containing nicotine, with anti-smoking campaigners accusing the company of using the same “astroturf” tactics it used in its fight against plain packaging.

http://www.smh.com.au/federal-politics/political-news/exposed-big-tobaccos-behindthescenes-astroturf-campaign-to-change-vaping-laws-20170712-gx9lsl.html

The multinational has been using its offshoot smokers’ rights lobby group – dubbed “I Deserve To Be Heard” – to contact Australian smokers and vapers and urge them to make submissions to a parliamentary probe into the use and marketing of e-cigarettes.

The company’s campaign – along with a coordinated push from Australia’s online vaping community – has seen the inquiry inundated with submissions from people who say vaping has helped them quit smoking and dramatically improved their health.

While health groups in Australia and across the globe continue to warn about the potential risks of nicotine vaping, 107 of the 108 submissions so far loaded on the inquiry’s website are strongly pro-vaping – and the vast majority follow a similar “personal story” template.

World renowned tobacco control expert Simon Chapman, an emeritus professor at the University of Sydney, said Philip Morris and other interest groups were “astroturfing” – trying to create the illusion of a big grass-roots pro-vaping movement that does not really exist.

“They’ve been actively recruiting people to put in submissions,” Professor Chapmen told Fairfax Media. “These are exactly the same tactics they used for plain packaging. They have dusted off the same software, the same template and just changed the content.”

E-cigarettes are a multi-billion-dollar business overseas but the sale and personal possession of nicotine e-cigarettes is illegal in Australia. Health groups fear that if the government relaxes the rules it could lead to a wave of seductive advertising that would lure young people into taking up the habit – and possibly serve as a gateway drug to other forms of smoking.

Philip Morris’s new campaign comes after it was ordered to pay the Australian government millions in legal costs over its failed bid to kill off world-first plain packaging laws.

The company used I Deserve To Be Heard in its plain packaging efforts but it has been largely sitting dormant in recent years. It fired back into life late last month with an email blast to members calling on them to “make their voices heard”, as the company intensifies its push into the increasingly lucrative international e-cigarette market.

“Australia’s laws on vaping are ridiculous. While the UK, USA, EU, Canada and New Zealand have all legalised or are legalising e-cigarettes, Australia completely lags behind. There’s no reason why e-cigarettes with nicotine shouldn’t be legal in Australia,” it said.

Company spokesman Patrick Muttart told Fairfax Media that Philip Morris was committed “to converting the world’s one billion plus smokers to smoke-free alternatives”. I Deserve to be Heard members had demonstrated a strong interest in the legalisation of smoke-free products, he said: “As such we wrote once to our membership, informed them of the inquiry and encouraged those interested to consider submitting.”

The submissions are also being coordinated by senior members of Vaper Cafe Australia, an online forum.

On June 7, a senior member of the forum identified as a 52-year-old man from Western Sydney urged users to “inundate” the inquiry with submissions. He offered a step-by-step guide on writing a submission.

Many of the 108 published submissions closely follow the template, in which people are urged to include “your age and gender, when you started smoking, how long you smoked for, how much you smoked and if you suffered any side effects from smoking”.

Australian Medical Association president Michael Gannon said the tobacco industry was aggressively pursuing the potential of e-cigarettes because it had given them the opportunity to “rebrand” themselves as part of the effort to reduce smoking – even there is no evidence e-cigarettes work as a deterrent.

“We must not allow e-cigarettes to become a socially acceptable alternative to smoking,” he said. “E-cigarettes essentially mimic or normalise the act of smoking. They can result in some smokers delaying their decision to quit, and they can send signals to children and young people that it is okay to smoke.”

But Dr Colin Mendelsohn, a tobacco treatment specialist in Sydney who advocates for e-cigarettes as a healthier alternative to smokes, said the AMA’s submission was “disgraceful” and accused it of using misleading data and ignoring international evidence that could save lives.

He defended the submissions despite the coordination: “These are still genuine stories, many of whom have had their lives saved by vaping.”

The National Health and Medical Research Council says ‘there is currently insufficient evidence to support claims that e-cigarettes are safe”.

Philip Morris to pay millions to Australia on failed plain packaging case

Big tobacco battle: Final costs figure kept secret but reported as being up to €33.36m

https://www.irishtimes.com/news/world/asia-pacific/philip-morris-to-pay-millions-to-australia-on-failed-plain-packaging-case-1.3149956

Tobacco manufacturer Philip Morris will be forced to pay millions of dollars in legal fees to Australia after its failed case against plain packaging laws.

Big tobacco companies have fought vigorously against the Australian government’s plain packaging laws since they were introduced in 2011.

By banning logos and distinctive-coloured cigarette packaging, Australia’s laws went further than the advertising bans and graphic health warnings introduced in many other countries.

Philip Morris, Imperial Tobacco and Japan Tobacco quickly attempted to have the laws overturned through a constitutional challenge in the high court, which they lost in 2012.

Philip Morris Asia then took a case to the permanent court of arbitration in 2012. It tried to use the conditions of a 1993 trade agreement between Australia and Hong Kong to argue a ban on trademarks breached foreign investment provisions.

Corporate giant

The corporate giant not only lost but was criticised by the court, which found the case to be “an abuse of rights”.

The court published a decision on the payment of costs at the weekend, which it made in March. The decision, which brought five years of proceedings to a close, found Philip Morris Asia liable to pay Australia’s multimillion-dollar claim for legal costs.

The final costs figure was kept secret but Fairfax Media reported it as being up to AUS $50 million (€33.36 million).

Australia successfully argued Philip Morris must pay its court fees and expenses, the cost of expert witnesses, travel, and solicitors and counsel. It also claimed interest.

Australia had told the court its claim was modest and was a small proportion of what the tobacco giant had sought in damages.

Critical importance

It said Philip Morris had sought to challenge a public health measure of critical importance to Australia, making it important to “mount a robust and comprehensive response to all aspects of the claim”.

Philip Morris had tried to argue the government’s costs were unreasonable for a “legal team that consisted primarily of public servants”.

The company argued that two similar countries, Canada and the US, had never claimed more than US$4.5m and US$3m respectively in costs and fees. Australia’s claim was much more than that.

“The claimant emphasises that, even excluding the fees of four outside counsel, the respondent’s government lawyers claim over [REDACTED]in fees, even though Australia itself pays them ‘very modest government salaries’,” the court’s decision read.

But the court found Australia’s claim was reasonable, rejecting Philip Morris’s arguments.

“Taking into account the complexity of issues of domestic and international law relevant in this procedure, particularly for a government team usually not engaged in such disputes, the Tribunal does not consider that any of these costs claimed by the Respondent were unreasonable and should not have been incurred,” it found.

“In making this assessment, the Tribunal also takes into consideration the significant stakes involved in this dispute in respect of Australia’s economic, legal and political framework, and in particular the relevance of the outcome in respect of Australia’s policies in matters of public health.”

Earlier this year big tobacco failed in a separate bid to have the laws overturned by the World Trade Organisation. The decision was widely seen as a green light for more countries to follow Australia’s lead.