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EUROPEAN COURT TO RULE ON PLAIN PACKAGING FOR CIGARETTES IN IRELAND

http://www.carlow-nationalist.ie/2015/12/23/european-court-to-rule-on-plain-packaging-for-cigarettes-in-ireland/

The European Court of Justice will rule today on whether Ireland can go ahead with plain packaging laws for cigarettes.

Tobacco giants Philip Morris and British American Tobacco took proceedings to the ECJ over an EU directive which would see health warnings on two thirds of tobacco packaging.

The Children’s Minister James Reilly wants to go one step further in Ireland and ban tobacco branding on packets altogether.

The ECJ will issue a preliminary ruling today.

Reilly welcomes ruling on Australian tobacco packaging

http://www.irishtimes.com/news/health/reilly-welcomes-ruling-on-australian-tobacco-packaging-1.2471713

Minister says Ireland just as committed to standing up to big tobacco as Australia

Minister for Children James Reilly: “I admire Australia’s courage in standing up to the tobacco industry again and again in legal challenges. Today is a great day for the future health of Australian children.” Photograph: Gareth Chaney/Collins

Minister for Children James Reilly: “I admire Australia’s courage in standing up to the tobacco industry again and again in legal challenges. Today is a great day for the future health of Australian children.” Photograph: Gareth Chaney/Collins

Minister for Children James Reilly has welcomed the decision of an international court to throw out a challenge by the tobacco industry to Australia’s plain-packaging legislation for tobacco products. Dr Reilly said the Government, which plans to introduce plain packaging next May but is facing a similar legal challenge, was equally committed to standing up to the tobacco industry.

“I applaud the leadership shown by the Australian government in being the first country in the world to introduce plain packaging,” he said. “I admire their courage in standing up to the tobacco industry again and again in legal challenges. Today is a great day for the future health of Australian children.”

Dr Reilly’s officials are awaiting a key opinion from the advocate general of the European Court of Justice, due next Wednesday, on the competence of European Union member states to introduce plain packaging.

In the latest round of the international legal battle on the issue, a Singapore-based court refused a challenge by Philip Morris to Australia’s landmark 2011 plain-packaging law. The tobacco giant brought the case under a bilateral trade treaty with Hong Kong.

The permanent court of arbitration declined on jurisdictional grounds to allow the case to proceed, ending the challenge through this venue, which was based on claims that Australia was violating intellectual property laws.

The decision by the court not to hear the case is likely to be seen as a major victory for Australia, which is facing challenges in other forums such as the World Trade Organisation, and for other countries considering similar laws, including Ireland and Britain.

Australia was the first country to force manufacturers to strip all branding from cigarette packets, most of which are now sold over the counter from blank-fronted cabinets.

It’s Been A Bad Year For Big Tobacco

http://www.huffingtonpost.com/entry/big-tobacco-losses_5673f7e0e4b06fa6887cebe2

Cigarette companies found themselves the targets of tighter regulations and lawsuits.

Anti-smoking activists have for years targeted the global behemoths that control the tobacco industry — and this year they made headway. Some of the largest tobacco companies suffered financial and PR setbacks in a series of lawsuits, and anti-smoking initiatives worldwide are further curbing their power.

Here are the losses big tobacco suffered this year:

Packs of Philip Morris International Inc. Marlboro Menthol cigarettes in the new packaging are arranged for a photograph at a tobacco store in Melbourne, Australia, on Monday, Oct. 1, 2012. Tobacco products complying with the world?s first plain-packaging laws have started arriving in stores, as an Oct. 1 manufacturing ban on the country's A$10 billion ($10 billion) tobacco industry comes into force. Photographer: Carla Gottgens/Bloomberg via Getty Images

Packs of Philip Morris International Inc. Marlboro Menthol cigarettes in the new packaging are arranged for a photograph at a tobacco store in Melbourne, Australia, on Monday, Oct. 1, 2012. Tobacco products complying with the world?s first plain-packaging laws have started arriving in stores, as an Oct. 1 manufacturing ban on the country’s A$10 billion ($10 billion) tobacco industry comes into force. Photographer: Carla Gottgens/Bloomberg via Getty Images

Australia Can Keep Its Plain Cigarette Packaging

The Australian government won a major lawsuit against Philip Morris this week. It can continue using plain packaging — logo-less packaging that is the same for all tobacco brands — on cigarette packs sold across the country.

Australia introduced “the world’s toughest laws on tobacco promotion” in 2011, according to then-health minister Nicola Roxon. That year the government voted to implement packaging that, instead of logos, displays the frightening illnesses associated with smoking.

Philip Morris Asia unsuccessfully sued the Australian government in 2011, claiming that the law violated a trade agreement between Australia and Hong Kong.

The UK, France and Ireland Will Use Standardized Packaging, Too

Several countries have followed suit on Australia’s anti-smoking measures. Britain and Ireland approved plain packaging laws in March.

France’s parliament also approved a law Thursday that will place plain packaging on all cigarettes sold in the country starting in May 2016. The products’ brand name will only appear in small type.

The country has made several attempts to diminish its large number of smokers. In 2008, it prohibited smoking in enclosed public spaces like restaurants and bars. In October, the city of Paris also raised the fine for dropping a cigarette butt into the street to 68 euros.

Boston Raises Age For Buying Tobacco To 21

Boston’s board of health voted last week to raise the tobacco purchasing age from 18 to 21 in an effort to prevent teen smoking.

Boston followed the lead of many other cities and towns across Massachusetts that had already increased the age limit. “These changes send a strong message that Boston takes the issue of preventing tobacco addiction seriously,” Boston mayor Marty Walsh said.

New International Trade Laws Block Tobacco Companies From Suing Countries

The Trans-Pacific Partnership, a trade agreement between the U.S. and 11 countries in the Pacific Rim, ruled in October that tobacco is exempt from Investor-State Dispute Settlement rules. In other words, tobacco companies will no longer be able to challenge TPP member countries’ anti-smoking measures the way that Philip Morris did in Australia in 2011.

Anti-tobacco lobbyists and a few senators helped make it happen. “It was time to take action to get trade agreements to stop treating tobacco like it’s just another product and the tobacco industry like any other business,” said Gregg Haifley, federal relations director of the American Cancer Society Cancer Action Network.

The FDA Forced One Tobacco Company To Stop Selling Several Products

The Food and Drug Administration banned R.J. Reynolds from selling four different types of cigarettes in September — Camel Crush Bold, Pall Mall Deep Set Recessed Filter, Pall Mall Deep Set Recessed Filter Menthol and Vantage Tech 13 cigarettes.

The company changed the product ingredients so that they no longer complied with a 2007 federal health law, The Hill reported. The products “fail[ed] to meet the public health bar set forth under law,” explained Mitch Zeller, director of the FDA’s Center for Tobacco Products.

A Jury Imposed $35 Million In Damages On That Same Tobacco Company

R.J. Reynolds was also at the center of a lawsuit in Florida after Garry O’Hara, a U.S. Air Force sergeant who earned the Bronze Star, died of lung cancer in 1996, at the age of 50. O’Hara’s family’s lawyers argued that the company masked the risks associated with smoking for years.

A Florida jury awarded the family $34.7 million in damages in September.

The company tried to argue that the executives responsible for decisions at the time are no longer around. “The R.J. Reynolds leadership that you heard about, they’re gone. … Those people who stood up before Congress and raised their hand, they’re gone,” David Monde, a lawyer for R.J. Reynolds, said in court.

Shady Activity Uncovered Within A Big UK Tobacco Company

The BBC conducted an investigation into British American Tobacco and found that the company bribed politicians and civil servants in East African countries in an effort to “undermine anti-smoking legislation.”

One BAT employee, the BBC said, illegally paid a civil servant in Burundi in exchange for a copy of the country’s Tobacco Control Bill.

The BAT said it was the target of false accusations.

“Our accusers in this programme left us in acrimonious circumstances and have a vendetta against us, clearly demonstrated by the false picture they present of how we do business,” it said in a statement.

The company could face prosecution in the U.K. and the U.S.

Three Cigarette Companies Ordered To Pay CA $15 Billion To Canadian Smokers

Two separate lawsuits, filed by Canadians sickened from smoking and Canadians unable to quit smoking, culminated in the country’s biggest class-action lawsuit to date.

Three tobacco companies — Imperial Tobacco; Rothmans, Benson & Hedges and JTI-Macdonald — were accused of lying to consumers about the health risks associated with their products. They were ordered earlier this year to pay $15 billion (about $10.8 billion USD) to the plaintiffs.

All three companies said they planned to appeal the decision, claiming that Canadians are well-versed in the risks of smoking.

Smoking in cars with children to be banned in the Republic of Ireland

http://www.bbc.com/news/world-europe-35122671

A ban on smoking in vehicles when children are present will come into effect in the Republic of Ireland on New Year’s Day, 1 January 2016.

Anyone caught smoking in a vehicle in front of a child or youth under the age of 18 will be fined 100 euros (£73).

Failure to pay the fine, or to stop a vehicle and give personal details to the police could lead to a prosecution and 1,000 euros (£727) penalty.

A similar ban is being considered by the Northern Ireland Assembly.

Earlier this month, Stormont Health Minister Simon Hamilton announced an amendment to a bill currently going through the assembly, which if passed, would now mean smoking in cars with children would be illegal anywhere on the island of Ireland.

‘Enclosed spaces’

The Irish government signed its ban into law this week, under the Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act.

The details were announced by Minister for Children Dr James Reilly and Minister for Health Leo Varadkar.

Mr Reilly said it was a central part of his government’s “Tobacco Free Ireland” policy.

“The Irish Health Behaviour in School-aged Children (HBSC) Study 2014 found that nearly one in every five children between the ages of 10 and 17 years are exposed to toxic, carcinogenic smoke in cars,” he said.

“Even if windows of the car are open the young person is not protected from the harmful effect of second-hand smoke.”

Mr Varadkar said: “Children are more susceptible to the effects of second-hand smoke and may not be able to avoid exposure.

“Second hand smoke is particularly harmful to children in enclosed spaces, such as cars.”

Under the new law, drivers and passengers will be banned from smoking cigarettes, cigars or pipes when they are inside a vehicle with someone under the age of 18.

Drivers will also be held responsible if they allow their passengers to smoke in front of children.

The legislation does not apply to electronic cigarettes, which are exempt from the ban.

In Great Britain, a law banning smoking in vehicles carrying children came into force in England and Wales in October.

The Scotland government is planning to legislate on the issue next year.

Scotland to ban smoking in cars with children

http://www.bbc.com/news/uk-scotland-scotland-politics-35126453

Scotland is to ban smoking in cars that are carrying children after MSPs voted unanimously in favour of a change in the law.

The new legislation will mean fines of up to £100 for anyone who smokes in a car which has a passenger under the age of 18.

It aims protect children from the harmful effects of second-hand smoke.

The Smoking Prohibition (Children in Motor Vehicles) Bill was introduced by Liberal Democrat MSP Jim Hume.

Mr Hume’s mother died of cancer caused by second-hand smoke.

‘Healthiest start’

He told MSPs that the concentrations of harmful tobacco particles in the very close confines of a car were far greater than from smoke in bars, which had already been banned.

He added: “Around 60,000 children are put in this position each week in Scotland.

“This legislation will, of course, address that situation and help to ensure that all our children and young people have the best and healthiest start in life.”

The bill was backed by the Scottish government and opposition parties in the Scottish Parliament.

Public health minister Maureen Watt said the legislation would contribute to the Scottish government’s drive to cut the number of children exposed to second-hand smoke from 12% to 6% by 2020.

And she said that Scotland had shown itself to be a “world leader on tobacco control”.

Publicity campaign

A publicity campaign will be carried out to raise awareness of the change in the law.

The new legislation has also been supported by public health and anti-smoking campaigners, who have said that second-hand smoke can reach very high levels when someone lights up in a car.

They have also said that about a fifth of 13 and 15-year-olds in Scotland are exposed to tobacco smoke during car journeys.

Sheila Duffy, chief executive of health charity Ash Scotland, said: “This is a victory for doctors, nurses, parents and, most of all, for children.

“We know the immense harm done to children by second-hand smoke. Meningitis, lung cancer and even cot death have been linked to tobacco smoke.

“I’m delighted that we’ve introduced this sensible measure to protect children’s health.”

‘Strong signal’

Dr Peter Fowlie, officer for Scotland for the Royal College of Paediatrics and Child Health, said: “Scottish Parliament’s move to ban smoking in cars carrying children not only protects children from terrible conditions linked to second-hand smoke such as bronchiolitis, pneumonia and asthma, but also sends a strong signal that smoking is not cool – it kills.

“Today’s decision is something to be celebrated and we as paediatricians applaud parliamentarians for taking such bold steps to protect child health.”

But smokers’ group Forest had argued that the bill was the “worst kind of gesture politics” and represented a worrying intrusion into people’s private space”.

A ban on smoking in cars carrying under-18s came into force in England and Wales earlier this year.

Northern Ireland is also looking at introducing a similar ban.

Under-staffing will prevent smoking ban being enforced

http://www.policeprofessional.com/news.aspx?id=25002

A Police Force should be left to focus on solving widespread under-staffing problems rather than having to enforce matters relating to public health, a staff association claims.

The Health Minister for Northern Ireland, Simon Hamilton, is trying to introduce legislation that will make it an offence to smoke in a vehicle in which under-18s are present.

A similar law was passed in England and Wales in October.

But the Police Federation for Northern Ireland (PFNI) argues that policing the ban will be difficult in the current climate, as its officers are already over-stretched.

The PFNI told Police Professional: “We are already seriously under-staffed, and if officers are to have additional responsibility enforcing this new measure, there will be an inevitable impact on other duties.

“The law has to be upheld, but the issue becomes one of where and how that task is accomplished.”

The PFNI has pointed out that as things are, there is little possibility of acquiring the funding necessary to expand the service.

Many forces in the UK already face under-staffing, a fact not helped by cuts to police funding over the last five years. In Northern Ireland, plans were announced last September to cut more than £5.6 million from police overtime budgets.

Former PFNI Chair Terry Spence warned last year that from “ground and command level” everyone was struggling “to deliver a proper police service.”

He said at the time: “We are so desperate for more officers that if it’s a question of money then the time has come to reconsider the £140 million being spent on a training centre at Desertcreat to recruit a mere 168 officers.”

And by 2018/19 the force will face a £104 million funding gap, which will render the cost of recruiting new officers completely unaffordable.

Police opinion in England and Wales appears to favour the view of the PFNI. Derbyshire Constabulary Chief Constable Mick Creedon said that imposing the ban can “never be a priority” for officers.

“The few traffic officers I have will be concentrating on the causes of serious and fatal collisions, such as drink-driving, while my other staff are tackling child sexual exploitation and cybercrime,” he warned earlier this year.

In England and Wales, anyone found to be in breach of this law will be subjected to a fine of £50. However, the Police Service of Northern Ireland’s official policy is not to enforce these.

The PFNI said that it does appreciate the health issues behind the legislation. Its reservations are based only on the practicality of carrying out the proposed ban.

A study by the Northern Irish Chest, Heart and Stroke association found that 82 per cent of people polled were in favour of implementing a ban on smoking in cars.

However, opponents claim that the legislation invades people’s privacy and personal freedom.

Smokers’ group Forest claims that “the overwhelming majority of adult smokers self-regulate when it comes to smoking in cars with children”.

Another report from the Health and Safety Executive found that 15 per cent of adults smoke in their cars even if their children are present. These children can face serious health issues brought on by exposure to second hand smoke.

In an unventilated vehicle, passengers can be exposed to over 200 times the recommended safety level of the toxins found in cigarette smoke.

These children could face increased risks of asthma, meningitis and even cot death.

Children are particularly susceptible to these conditions as they breathe more quickly than adults and proportionally they inhale a higher volume of dangerous substances, the report said.

Scotland will decide next year whether or not it wants to enforce this ban. The Republic of Ireland has already approved the legislation, but as of yet is still to implement it.

Tobacco Tactics – Plain Packaging Opposition in Ireland

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Plain Packaging – International Overview

Download (PDF, 852KB)

Smokers are 50% more likely to suffer from dementia, shock study finds

http://www.irishmirror.ie/news/irish-news/health-news/smokers-50-more-likely-suffer-6481265

Medical experts have warned that smoking drastically increases the risk of developing Alzheimer’s disease, and other forms of dementia.

Smokers are 50% more likely to suffer from dementia compared to those who have never smoked, according to researchers.

Medical experts have warned that smoking drastically increases the risk of developing Alzheimer’s disease, and other forms of dementia.

The Alzheimer’s Society of Ireland and ASH (Action on Smoking and Health) Ireland are marking World Alzheimer’s day on Monday by raising awareness of the links between tobacco and this illness.

The two organisations are urging the Government to launch targeted action aimed at reducing the number of people suffering from dementia.

Tina Leonard, Head of Advocacy and Public Affairs with The ASI said: “On World Alzheimer Day, we are calling for dementia prevention to be integrated into national public health programmes now alongside other major non communicable diseases (NCDs) as we fight the growing prevalence of this condition.”

“Current health promotion in Ireland ignores modifiable risk factors for dementia.

“The Department of Health’s Tobacco Free Policy highlights the associations between smoking and premature mortality, cancers and respiratory diseases but not the established links between smoking and dementia.

After 15 years your risk of a heart attack falls to the same as someone who has never smoked
“It’s high time the concept of brain health underpinned our leading health policies if we have a chance of stemming this tide.”

Dr Ross Morgan, Chairman of ASH Ireland added: “While the connections between smoking and cancer, stroke and heart disease are well known, the general public, including most smokers, are relatively unaware of the link with dementia and smoking.

“It is important to raise awareness of the proven link between smoking and dementia.

“Public policies aimed at reducing smoking could play an important role in addressing the risk of dementia in Irish society”.

Research shows that smoking increases the risk of cardiovascular disease, diabetes, and strokes – all underlying risk factors for dementia.

Tobacco can also speed up the build-up of fatty substances, narrowing blood vessels, and depriving brain cells of oxygen, which can cause cognitive impairment.

According to the World Health Organisation, as many as 14% of cases of Alzheimer’s disease worldwide are potentially attributable to smoking.

E-cigarettes must not be marketed to under-18s under new ad guidelines

http://www.herald.ie/news/ecigarettes-must-not-be-marketed-to-under18s-under-new-ad-guidelines-31536563.html

The Irish Cancer Society has welcomed new advertising rules that say makers of e-cigarettes will have to set “clear distinctions” between their products and the tobacco industry.

New guidelines unveiled by the Advertising Standards Authority for Ireland (ASAI) said manufacturers must not market their products directly at those under 18, and that they may not promote their use as a healthier alternative to smoking.

They have also ruled out the use of celebrities or healthcare professionals in adverts.

The Irish Cancer Society’s head of advocacy has said he welcomed the news “with open arms”, stating that current campaigns from makers of e-cigarettes are “echoing those once used by the tobacco industry.”

“What we are seeing at the moment is a glamorisation of the use of e-cigarettes,” said Eoin Bradley.

“This echoes the marketing ploys once used by the tobacco industry that have now been banned.

“The last thing we want to see is for e-cigarettes to mock up or pretend to be something that looks very similar to tobacco,” he added.

Code

“We especially welcome sections of the new code that requires e-cigarette manufacturers not to undermine the message that quitting tobacco use is the best health option for good health.”

Mr Bradley added that further government legislation was needed to tackle what he called a “massive boom in the use of e-cigarettes in Ireland”.

“At the moment there is no regulation and they have the same rules governing them as any consumer product, which means anyone under the age of 18 can buy one,” he said.

Dublin Senator and Fine Gael candidate for Dublin West, Catherine Noone, has also welcomed the news, following a recent report in the US which raised fears that some young people could be using e-cigarettes to disguise cannabis use. The report, published this month in the health journal Pediatrics, has found that one in five American students are using e-cigarettes to inhale cannabis in a vaporised form.

“This report raises fears that Irish teenagers are doing the same and is surely a concern for both parents and medical professionals alike,” she said.

The Irish Vape Vendors’ Association has also welcomed the new code, but emphasised that they were “not part of the tobacco industry”.

“We do not sell tobacco products, but rather an alternative that carries a vastly lower risk. To maintain the massive public health gains that these products offer in reducing the harm from smoking, it’s important that advertising restrictions be proportionate,” a spokesperson said.