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Ireland smokes big tobacco with plain packaging

http://www.ft.com/fastft/286012/ireland-bans-branding-on-tobacco-packaging

Ireland has passed a law banning branding on tobacco packaging, making it the second country in the world after Australia to introduce plain packaging legislation.

The law must now be signed by the country’s President and is expected to take effect in 2017, reports Kadhim Shubber.

The move comes as the UK prepares for a vote on plain packaging regulations this month, with the measures expected to be introduced as early as May 2016.

James Reilly, Ireland’s Minister for Children and Youth Affairs, who spearheaded the legislation, said:

Today is a very good day for the future health of our children. The interests of public health will be served when children decide never to take up smoking in the first place and if smokers are persuaded to quit.

Japan Tobacco International and Imperial Tobacco have threatened legal action against Ireland over the measures.

A furious row has erupted in Ireland over the role of legal firms and consultants that do work for tobacco companies, with Mr Reilly suggesting they should be barred from government contracts.

Government prepared for lawsuit as tobacco Bill passed

http://www.irishtimes.com/news/politics/government-prepared-for-lawsuit-as-tobacco-bill-passed-1.2124939

James Reilly says tobacco industry will file ‘more in the hope than certainty’

The Government is prepared for a legal challenge from tobacco companies following the expected enactment of its plain-packaging Bill last night. Minister for Children James Reilly has hailed the passage of the legislation which he said would protect people from the harmful effects of tobacco and provide a lead for other EU countries, as the smoking ban did a decade ago.

“We are prepared for legal action,” Dr Reilly said when asked about the response of the tobacco industry. “The Attorney General has her team together and we fully expect, once the legislation is enacted and commenced, that they will probably file a lawsuit. They will do it more in the hope than certainty. They do it more to intimidate us and to intimidate other countries who are prepared to follow suit.”

Mr Reilly said the impact of the legislation could not be underestimated, either in Ireland or abroad. “We know the UK will have a free vote on this, hopefully before they rise for the next general election. We know that France wants to follow suit and a number of other EU countries are looking at implementing the same measures as us.

“This is about protecting people from the harmful effect of tobacco – 700,000 Europeans die from tobacco-related disease each year.”

When it was put to him that people would become desensitised to the stark images of smoking-related diseases, he disagreed. “The evidence from Australia will not concur that people become desensitised. Since their first introduction there has been an increase in the number of people giving up cigarettes. Their figure on smoking is the lowest since records began.”

In response to his comments about legal firms which represent both tobacco companies and Government departments and agencies, with responsibility for healthcare and prevention, the Minister said: “My main concern is to protect our children from taking up cigarette smoking and the harmful effects of tobacco. That’s at the core of what we were doing.”

Dr Reilly said 5,300 Irish people died each year from smoking-related diseases. He paid tribute to the late Gerry Collins who featured in an advertisement warning about the dangers of tobacco as he was dying from cancer. The first anniversary of his death occurred yesterday.

“It was very brave of him and his family to make that advertisement which makes it very real for people what the effect of cigarettes is,” said Dr Reilly.

Seanad passes plain packaging law for tobacco products

http://www.rte.ie/news/2015/0303/684236-ireland-passes-plain-packaging-law/

The ruling will require the removal of all industry marketing from tobacco packaging

The ruling will require the removal of all industry marketing from tobacco packaging

Ireland has become the first country in Europe and the second in the world to pass plain packaging laws for tobacco products.

The Public Health (Standardised Packaging of Tobacco) Bill 2014 requires the removal of all industry marketing from tobacco packaging. It has now passed all stages of the Oireachtas.

Minister for Children and Youth Affairs James Reilly said the measure would protect children from ever taking up cigarettes.

He said it would serve as a stark reminder to those who do smoke by showing them graphic images, reminding them that smoking is an addiction that kills.

Japan Tobacco International, the company that owns brands such as Silk Cut and Benson and Hedges, had said that if the legislation proceeded it would go to court to protect its rights.

A spokesperson for JTI said that plain packaging is a disproportionate, unjustified and unlawful measure.

They said there was no credible evidence to suggest it will result in public health benefits.

Mr Reilly said the Government was prepared for it to end up in the courts, once the legislation has been enacted and commenced.

He said he believed this would be done in an attempt to intimidate the Government.

Groups including the Irish Cancer Society, the Irish Heart Foundation, and Ash Ireland have all welcomed the legislation passing all stages of the Oireachtas.

Mr Reilly thanked all his Oireachtas colleagues for their support.

Asked about legal firms who work for tobacco firms and for the State, Mr Reilly said he had asked his department to seek legal advice in relation to ensuring that there is no future conflict of interest, real or perceived, that could be in any way contrary to the best interest of children.

Mr Reilly said the Oireachtas had taken a lead from Australia but was giving a lead to the EU regarding plain packaging.

Ireland bans branded tobacco packs

http://www.belfasttelegraph.co.uk/news/republic-of-ireland/ireland-bans-branded-tobacco-packs-31038271.html

Ireland has become the first country in Europe to pass laws banning branded cigarette packets.

Following the example set by Australia, all tobacco products sold in Ireland will be in a standard dark-coloured wrapper emblazoned with large health warnings and images of disease. Slim boxes of cigarettes, in lipstick-style shapes, will also be illegal under the reform. Brand names will be small and use similar fonts on all packets in the marketing clampdown which is likely to be challenged in the courts, either in Ireland or under European rules.

James Reilly, Children’s Minister and a former health minister who spearheaded the ban, said it was about protecting people and should be seen as a good day for the health of children.

“The interests of public health will be served when children decide never to take up smoking in the first place and if smokers are persuaded to quit,” he said. “We have a duty to prevent our children from being lured into a killer addiction. “Standardised packaging will strip away the illusions created by shiny, colourful cigarette packets and replace them with shocking images showing the real consequences of smoking.” The UK is set to follow the Irish example with laws to be passed before the end of the month.

Anti-smoking campaigners and Government say the ban will remove one of the last remaining and most powerful marketing tools of big tobacco firms, but it is facing a legal challenge over claims it infringes trademarks and the free movement of goods across the EU. Up to 10 European countries are understood to have complained over Ireland’s branding ban. Analysis done for investors by Exane BNP Paribas has warned that the tobacco industry could be in line for payouts in the billions if the same law is passed in the UK. In Ireland, with about 800,000 people estimated to smoke – a prevalence rate of about 22% – a successful compensation claim is likely to run to hundreds of millions, the investor advisers said. New Zealand is also progressing similar laws while France, Finland and Norway have indicated they will go down the same path. Anti-smoking group Ash Ireland said the ban was vital health legislation. Spokesman Ross Morgan said the Government and opposition politicians should be complimented for pushing ahead with the ban despite threats of lawsuits.

Ireland shows the way with plain packaging tobacco law

http://www.scoop.co.nz/stories/PA1502/S00380/ireland-shows-the-way-with-plain-packaging-tobacco-law.htm

Ireland shows the way with plain packaging tobacco law

The Māori Party congratulates the Irish Government for passing plain packaging tobacco legislation this week.

“Good on Ireland for showing political nerve in the face of a powerful tobacco industry.

“The Māori Party is determined to see plain packaging legislation here in New Zealand progress through Parliament, sooner rather than later”, says Māori Party Co-leader Marama Fox.

Former Associate Health Minister and Māori Party Co-leader, Dame Hon Tariana Turia, introduced the plain packaging bill to Parliament more than two years ago.

Māori Party Co-leader Hon Te Ururoa Flavell doesn’t buy the reason for the Government stalling on progressing the plain packaging bill. The Health Select Committee reported favourably on the bill in August last year.

“Waiting for the World Trade Organisation decision means more people die or are sick from smoking-related illnesses. We’re tired of standing at the graveside of loved ones who have had their lives cut short from this highly addictive and poisonous drug”, says Mr Flavell.

According to the Ministry of Health, around 5000 individuals die each year from smoking or second-hand exposure. That’s 13 deaths every day which affect thousands of whānau.

“All it takes is courage and the same resolve that Tariana had to halt the decline in health and indeed the avoidable deaths of too many of our people who get caught in the smoking trap,” says Mr Flavell.

The Māori Party co-leaders will be encouraging the Associate Health Minister Hon Sam Peseta Lotu-iga to lead on this bill and implement other tobacco controls so the Government stays on track with its target of Smokefree Aotearoa by 2025.

Next month Dame Hon Tariana Turia will receive the Luther L Terry Award in Dubai for her leadership in worldwide tobacco reform.

“We’re extremely proud of her advocacy which has saved the lives of thousands of New Zealanders. The best way to honour her is to pass this plain packaging bill and keep the pressure on,” says Mrs Fox.

TOBACCO: THE PLAIN PACKAGING DEBATE

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Reilly to restrict tenders from firms linked to tobacco group

http://www.irishtimes.com/business/health-pharma/reilly-to-restrict-tenders-from-firms-linked-to-tobacco-group-1.2119288

Arthur Cox threatened action against State over plain cigarette packaging

Minister for Children James Reilly is taking steps to prevent any firm which has a contract with a tobacco group from tendering to work for bodies under his remit, among them the child and family agency Tusla.

The development comes on foot of the Minister’s disquiet that solicitors Arthur Cox are simultaneously working as corporate legal adviser to Tusla while acting for Japan Tobacco in threatened legal action against the State over plain cigarette packaging.

The corporate element of Arthur Cox’s work for Tusla is worth €800,000 per annum including VAT, and the company manages some €12 million in annual legal expenditure for Tusla through a network of 31 local solicitors.

Arthur Cox carries out similar work for the Health Service Executive, another of many public clients.

The chief civil servant in Dr Reilly’s department, Fergal Lynch, said in correspondence to the Minister on Wednesday that the it would be “extremely problematic” for Tusla to withdraw from its arrangements with Arthur Cox before its contract expires next February.

All agencies

However, Mr Lynch said the Minister might wish to consider asking all agencies in his remit “to consider a requirement in all future procurements” that firms tendering for services must sign a declaration confirming they have no contractual arrangements with tobacco companies.

“This would send an important message about the principle of non-involvement with the tobacco industry. If you wish I will immediately seek legal advice about the scope for including such a requirement in all future tendering processes, to ascertain if it is legally feasible.”

On Dr Reilly’s instruction this option is now under examination within his department.

It remains unclear, however, whether the introduction of such requirements are permissible within the framework of the law on tendering and competition.

Dr Reilly had instructed Mr Lynch to examine whether Arthur Cox and solicitors McCann FitzGerald, which works for Imperial Tobacco in similar threatened action against plain cigarette packs, had any contractual relationships with his department.

There was no such relationship with either firm – and Arthur Cox’s contract with Tusla is the only arrangement that either company has with any of the agencies under the department’s aegis.

“While it might be argued that there is no direct conflict of interest in these arrangements from a purely legal perspective, you have made very clear your view that it is of concern from a policy perspective for an agency such as Tusla to be advised or represented by a legal firm that also represents international tobacco companies,” Mr Lynch said.

Separately, the Ireland Strategic Investment Fund said it held investments in international tobacco companies which were worth some €10 million at the end of 2014. These investments were previously held by the National Pension Reserve Fund. Only assets covered by the Cluster Munitions and Anti-Personnel Mines Act of 2008 are barred from the fund

Ireland passes tobacco plain packaging law

http://www.smh.com.au/action/printArticle?id=66733572

Dublin: Ireland has become the second country in the world to pass a law introducing mandatory plain packaging for tobacco products, prompting the tobacco industry to threaten legal action.

It follows Australia’s introduction of similar plain packaging legislation in 2012.

Under Ireland’s new rules all forms of branding, including logos and colours will be banned and all products will have have a uniform packaging with graphic health warnings.

“We are creating legislation which will be historic and will be of real importance to the area of public health,” the Minister for Children James Reilly told parliament.

“We are on the verge of being the first country in the EU to pass a law on plain packaging. We are on the verge of being only the second country in the world to pass a plain packaging law,” he said before the bill passed.

The legislation had cross-party support and passed without a vote.

It will be sent to the president to pass into law after a technical vote in the upper house next week, although full implementation of the rules will not be effective until May 2017, when all existing packaging must be removed from sale.

Other EU countries, such as Britain, have indicated they will introduce similar rules.

The move has been met with fierce opposition by tobacco companies who have threatened Dublin with legal action.

“We in this house will not be intimidated by such action. We will pass such laws as we believe to be correct,” Mr Reilly said.

Earlier this month JTI Ireland, owner of the Benson & Hedges and Silk Cut brands, said they would take legal action if the legislation is enacted.

“We have made our views known to the government many times so they should come as no surprise,” a spokesperson for JTI Ireland said after the vote. “If this proceeds we will go to court to protect our rights.”

AFP

Ireland Passes Plain Packaging Law

http://thecigarauthority.com/law-ireland-passes-plain-packaging-law/

Ireland has become the second country in the world to pass a plain packaging law that is mandatory for tobacco products. Legal action from the tobacco industry is expected to follow.

Australia passed a similar measure in 2012. Under Ireland’s new rules, all branding, logos, coloring will be banned off of packaging. The new packaging will be uniform with graphic health warnings.

The legislation had cross-party support and passed without a vote. It now gets sent to the President to pass into law after a vote in the upper house. The new rules will become effective in May. 2017.

Currently Britain is debating a similar measure.

Ireland is home to 6.3 million people over 32,595 square miles.

Below is an example of the Australia Plain Packaging. Every tobacco product in Australia looks like this.
Image used with permission of Miami Cigar & Company.

image002 (1)

We will not be bullied on plain cigarette packets, says Reilly

Minister says Ireland close to becoming first EU country to introduce plain packaging

Ireland is on the verge of being the first EU country to pass a law paving the way for the introduction of plain packaging for cigarettes, Minister for Children and Youth Affairs Dr James Reilly has told the Dáil. He said the House should share in the sense of satisfaction.

“We do so despite legal threats from the lawyers for the tobacco industry,’’ Dr Reilly added. “We do so despite an extraordinary legal letter demanding that we stop and stop immediately.’’

Dr Reilly was speaking during the final stage debate on the Public Health (Standardised Packaging of Tobacco) Bill 2014, providing for the measure. The Bill will pass through the Oireachtas next week after the Seanad passes a number of technical amendments.

JTI Ireland, owner of the Benson & Hedges and Silk Cut brands, has strongly opposed the legislation, which was first introduced by Dr Reilly when he was Minister for Health. The Minister said the Dáil would not be “intimidated’’ by such action. “We will pass such laws as we believe to be correct,’’ he added.

Dr Reilly said he wanted to send a message to children around the country on a lesson that could be learned. “Remember if a bully tries to intimidate you with actions, you should stand firm and be true to what you believe to be right,’’ he added.

Ireland, said the Minister, had always been a leader on tobacco control. “We have ranked at the forefront in introducing measures to protect our country’s health from the scourge of smoking,’’ he added. “Standardised packaging is the latest strand in the comprehensive range of tobacco control legislation we already have in place.’’

He said he was confident the research available demonstrated that standardised packaging would have a positive impact on health and that it was a proportionate and justified measure.

It could reduce the appeal of tobacco products and increase the effectiveness of health warnings and the ability of branded tobacco packaging to mislead people about the effects of smoking. “And these are important points when we consider that almost 80 per cent of smokers start when they are children,’’ Dr Reilly added.

He said he was pleased the Irish public, including TDs and Senators, had not, and would not, allow themselves to be manipulated by the arguments of the tobacco industry against the measure.

Fianna Fáil health spokesman Billy Kelleher commended the Minister for his personal efforts in bringing the legislation to the House. The Government, parliament and people should be resolute and stay the course in the face of threats, intimidation and bullying tactics from organisations whose sole purpose was to sell a product that harmed and killed people on a daily basis, he added.