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October, 2011:

Australia may delay controversial anti-tobacco plan

http://uk.reuters.com/article/2011/10/12/uk-australia-smoking-idUKTRE79B0XS20111012

CANBERRA | Wed Oct 12, 2011 6:27am BST

CANBERRA (Reuters) – Australia’s government may have to delay plans for the world’s toughest anti-tobacco laws after conservative opposition lawmakers on Wednesday postponed a final vote on the controversial legislation in parliament.

The new laws, which will force cigarettes to be sold in plain packaging from 2012, are being closely watched by New Zealand, Canada, the European Union and Britain, which are considering similar restrictions.

Health Minister Nicola Roxon said the conservatives, who managed to postpone an upper house Senate vote on the bills during a rancorous day in parliament for the minority Labour government, were playing into the hands of big tobacco firms.

“Given the delays in passing the bill caused by the opposition, the government now has no choice but to reconsider the impact on implementation timeframes,” Roxon said.

Australia says the new laws reflect its obligations under the World Health Organization’s 2005 framework against tobacco, which urges states to consider plain packaging laws. The WHO estimates more than 1 billion around the world are regular smokers, with 80 percent in low and middle income countries.

The laws have angered tobacco producers who have threatened a High Court challenge, while the governments of Nicaragua and Ukraine said the new measures breached international trade rules and would be challenged in the World Trade Organisation.

Prime Minister Julia Gillard’s government is hoping the laws will come into effect on January 1 next year, although the main provisions forcing all cigarettes to be sold in plain packaging only come into operation on July 1, 2012.

The delay in the Senate means the laws will not be voted on before November, forcing the government to reconsider now whether it can meet its deadlines.

Australia’s Cancer Council said the Senate should end the political delays and get on with passing the legislation, with authorities estimating smoking now kills 15,000 Australians each year and costs the health system $32 billion (20 billion pound).

“We know the tobacco industry is vehemently opposed to plain packaging, which is just another indication that plain packaging has great potential to reduce tobacco,” council chief executive Ian Olver said.

Analysts say tobacco companies like Britain’s Imperial Tobacco and Philip Morris are worried that plain packaging could spread to emerging markets like Brazil, Russia and Indonesia, and threaten growth there.

Australia’s tobacco market generated total revenues of around $10 billion in 2009, up from A$8.3 billion in 2008, although smoking generally has been in decline. Around 22 billion cigarettes are sold in the country each year.

British American Tobacco, whose brands include Winfield, Dunhill and Benson & Hedges, has said the government’s plans would infringe international trademark and intellectual property laws, promising a court challenge to the laws.

(Reporting by Rob Taylor; Editing by Sugita Katyal)

WHO chief faces fight on reforms

Hong Kong standard – 12 Oct. 2011

Tough-talking World Health Organization chief Margaret Chan Fung Fu-chun may be facing the toughest battle of her leadership as she launches a bid for unprecedented funding and management reform at the UN body.

The WHO director-general has begun governance reforms in the Geneva headquarters and has been traveling the world trying to convince the group’s regional and country offices they should change the way they do business amid global financial austerity.

On the second day of the WHO regional meeting in Manila, Chan emphasized to the 194 member states the need for reform.

“We have to rethink given this financial austerity,” she said yesterday.

The WHO budget would have to be cut by 30 percent, and the cost-savings would include even a cutback on money spent on telephone calls.

She said the WHO should not hastily plan programs before funding has been received, “otherwise we will go bankrupt.”

In an interview with The Standard, Chan emphasized her determination to fight the tobacco companies.

She said big companies will go as far as character assassination to derail global efforts to combat smoking.

“Dr Judith Mackay [Hong Kong’s pre-eminent anti-tobacco activist] was named and [the tobacco lobbyists] gave her a hard time, saying this and that.”

Chan said it is unethical for scientists to be paid by the tobacco industry to do research to counter studies about the harmful effects of tobacco.

The former Hong Kong director of health, has announced she will seek re-election for a second five-year term, when her first term ends next year.

Chan, 64, who ran as a representative of China for the leadership of the UN health body, said the mainland has one third of the world’s smokers, and that every time she visits China, she takes up the tobacco issue with the nation’s top leaders.

” I always talk to them. I talked to Premier Wen [Jiabao] before they organized the Beijing Olympics and I also talked to the leaders in Shanghai when they were organizing the World Expo,” she said.

Both were declared smoke-free.

Chan said her focus on noncommunicable disease in recent weeks does not mean communicable diseases will be relegated to second place.

WHO chief says tobacco lobby is at work in city

South China Morning Post – 12 Oct. 2011

Margaret Chan warns that progress to cut smoking rates is under threat from industry

Tobacco industry lobbyists are working “on the ground” in Hong Kong’s political arena to combat efforts that have cut the smoking rate to a 30-year low, the head of the World Health Organisation says.

Dr Margaret Chan Fung Fu-chun said the city had done “extremely well” in its battle against tobacco – reducing the number of people who smoke daily to just 11.1 per cent of those aged over 15 – but it faced an uphill battle against challenges from the tobacco industry.

Chan (pictured), a former Hong Kong director of health, said she had been told that tobacco lobbyists would do “all sorts of things” to fight the government’s initiatives.

“People supported by the tobacco industry are working on the ground in Hong Kong to give trouble to people who are anti-tobacco,” she said.

“They will lobby politicians not to approve laws and they will do all sorts of things … character assassination,” she said.

Chan’s warning came four months after a divided Legislative Council ratified a 41.5 per cent rise in tobacco tax, adding HK$10 to the cost of a packet of cigarettes. The endorsement came only after a fierce political debate, in which traditional government allies either abstained or voted against the increase.

Opposition to the policy also dealt a blow to Financial Secretary John Tsang Chun-wah, who proposed it in the budget in February.

Speaking on the sidelines of the 62nd session of the WHO’s regional committee of the Western Pacific region, Chan (pictured) said that although there would be resistance to tobacco control measures, governments including Hong Kong’s should “put out all the facts” and not succumb to political pressure. “We are not in a popularity contest,” she said.

In 1997, Chan, then director of health, saw her popularity plunge after she ordered that all 1.5 million chickens in Hong Kong be killed during a bird flu outbreak, although she tried to allay public concern by saying she ate chicken every day.

On the mainland, home to a third of the world’s smokers, Chan said progress was being made on tobacco control but “it’s not easy”.

“Every time I go to China, this is an issue I always talk about with them. I talked to Premier Wen [Jiabao] before they organised the Olympic Games and I also talked to the leaders of Shanghai when they organised the [World] Expo,” she said.

A national smoking ban was introduced in public places this year, six years after Beijing ratified the WHO Framework Convention on Tobacco Control.

Chan, whose first term as WHO director general expires next June, is seeking a second term.

dennis.chong@scmp.com

Norway’s left-center proposed a string of measures, including an outdoor smoking ban, to tighten existing laws, reports Dagsavisen.

http://www.tobaccojournal.com/Stricter_anti-smoking_measures_proposed.50829.0.html

Current laws have banned or highly restricted smoking indoors for years, but now the government also wants to ban smoking outdoors, for example at the entrances to public buildings and in the outdoor areas of bars, restaurants and cafés. Many were set up to accommodate smokers who no longer were able to smoke inside.

Other proposals include bans on all smoking, indoors or outdoors, at public institutions, schools and day care centers.

The government also seeks a ban on toy cigarettes and sale of cigarettes with just 10 in a pack.

The government’s new proposals will be up for hearings this autumn. (pi)

Sheila Duffy: Restricting tobacco industry will improve our health

http://www.scotsman.com/news/cartoon/sheila_duffy_restricting_tobacco_industry_will_improve_our_health_1_1902473

Published on Tuesday 11 October 2011 21:00

THIS week should see the end of a bitter and protracted struggle in Australian politics, with the senate finally passing legislation to introduce plain, standardised packaging for cigarettes and tobacco products.

This is a landmark victory for the Australian government and public over the tobacco industry – in a struggle that comes to these shores at the end of this year, when the UK government starts a consultation on introducing similar legislation.

The tobacco industry spends millions each year on branding, gimmicks and revamped packaging to entice new young smokers and to target particular groups – for example, by producing “fashion accessory” pack designs to appeal to women.

Clever branding also perpetuates myths about the harmfulness of the products. Most people would associate what used to be called “light” brands with a reduced risk to health, but the available evidence shows the rates of developing lung cancer for those who smoke low-tar “light” brands is the same for those who smoke “normal” cigarettes.

Marketing strategies and branding attempt to link the lethal product with culturally desirable attitudes and imagery. This perpetuates the outdated notion that a product responsible for a quarter of adult deaths a year in Scotland is desirable.

At the recent United Nations summit on non-communicable diseases, leaders from all over the globe identified the “fundamental conflict between the tobacco industry and public health” and recognised tobacco as a global epidemic.

The summit passed a declaration calling for all states to commit to implementing the World Health Organisation’s framework convention on tobacco control – a key part of which is the consideration of plain and standardised packaging.

Plain packaging will not stop all tobacco-related deaths on its own. But as part of a wide range of tobacco-control measures, including support for smokers trying to quit, it will go a long way to improving the health and prospects of our nation.

• Sheila Duffy is chief executive of anti-tobacco charity ASH Scotland.

Call to unite against tobacco

http://www.thepeninsulaqatar.com/s.-asia/philippines/168651-call-to-unite-against-tobacco.html

http://www.thepeninsulaqatar.com/images/stories/Year2011/Oct11/9247774.jpg

MANILA: The World Health Organisation’s chief yesterday urged governments to unite against “big tobacco”, as she accused the industry of dirty tricks, bullying and immorality in its quest to keep people smoking.

WHO director-general Margaret Chan accused cashed-up tobacco firms of using lawsuits to try and subvert national laws and international conventions aimed at curbing cigarette sales.

“It is horrific to think that an industry known for its dirty tricks and dirty laundry could be allowed to trump what is clearly in the public’s best interests,” Chan said at a WHO meeting in the Philippine capital yesterday.

Chan cited legal actions by the tobacco industry against anti-smoking measures in Australia and Uruguay, saying these were “scare tactics” intended to frighten other countries from following suit.

“It is hard for any country to bear the financial burden of this kind of litigation, but most especially so for small countries,” she said.

“Big tobacco can afford to hire the best lawyers and PR firms that money can buy. Big money can speak louder than any moral, ethical or public health argument and can trample even the most damning scientific evidence”.

Chan called on the countries at the forum of Western Pacific nations to fight back.

“I urge all these countries to stand firm together, do not bow to pressure… we must never allow the tobacco industry to get the upper hand,” she said.

Chan pointed to successful efforts in the Philippines to increase taxes on tobacco products, saying that the WHO was “gearing up” to support other countries that took such measures.

Chan did not specify how the WHO would help countries in their efforts to combat the tobacco industry.

But the WHO has for many years called for bans on cigarette advertising and promotion, as well as restrictions on smoking in public places and higher taxes.

In Australia, Prime Minister Julia Gillard’s government is aiming to introduce world-first legislation that would force all cigarettes to be sold in plain packaging from January 1 next year.

However Philip Morris has launched legal action, claiming Australia’s plans violate international trade obligations and warning it expects billions of dollars in compensation if plain packaging goes ahead.

Australian Department of Health Secretary Jane Halton told the WHO forum in Manila that her government was determined to push through with its plan, despite the “subversive tactics” of tobacco companies. “We stand ready to repel the assault of big tobacco but we acknowledge it will be a big fight,” Halton told the WHO delegates.

WHO documents released at the forum said that 3,000 people die each day from tobacco use in the Western Pacific region.

This covers an area with a population of 1.6 billion people, including China, Australia, Japan, South Korea, Mongolia, the Philippines, Vietnam, Cambodia, Malaysia, Singapore, Brunei and many South Pacific island nations.

AFP

WHO chief takes aim at tobacco industry

Firms are using vast resources to combat anti-smoking efforts, says Margaret Chan

South China Morning Post – 11 Oct. 2011

The world’s health chief yesterday launched a scathing attack on the tobacco industry, accusing it of going against public opinion and using its vast resources to prevent world governments from implementing anti-smoking policies.

“It is horrific to think that an industry known for its dirty tricks and dirty laundry could be allowed to trump what is clearly in the public’s best interest,” World Health Organisation director general Dr Margaret Chan Fung Fu-chun said in her address to the opening of a regional conference in Manila.

Chan, Hong Kong’s former director of health, urged member countries to stand firm against “the big tobacco lobby”.

“Big Tobacco can afford to hire the best lawyers and PR firms that money can buy. Big money can speak louder than any moral, ethical or public health argument,” she said.

Chan’s speech came after a world-first anti-smoking law being introduced by the Australian government was challenged by tobacco company Philip Morris in court.

Australia planned to bring in legislation on “plain packaging”, which would require all cigarette packs to be standardised. Philip Morris says the move violates international trade obligations and has warned it will seek billions of dollars in compensation if the law is enacted.

Chan said such a case showed how powerful tobacco companies were trying to use strong-arm tactics to fight anti-smoking efforts.

She said such action could instil fear in countries planning to bring in tougher measures, and called on governments to stand firm.

The WHO has been campaigning to reduce the smoking population globally to lower the health impact of cigarettes and cigars, which are believed to kill six million people a year, including 600,000 non-smokers who die from secondhand smoke. It estimates if no action is taken the death toll could rise to eight million by 2030.

Australia’s secretary of the department of health and ageing, Jane Halton, who attended yesterday’s meeting, said her government would not be intimidated by “disgraceful tactics” and would press ahead with the legislation.

dennis.chong@scmp.com

Mary Ann Benitez in Manila

Hong Kong Standard Tuesday, October 11, 2011

http://thestandard.com.hk/newsimage/20111011/5_2011101021585227524smokers.jpg

United Nations health chief Margaret Chan Fung Fu-chun, has come out fighting against tobacco giants, urging Asian governments not to be cowed by the industry but instead maintain life-saving efforts against smoking.

Big tobacco’s efforts to subvert the World Health Organization’s framework convention on tobacco control “are now out in the open and extremely aggressive,” WHO director general Chan said.

The former Hong Kong health official was speaking at yesterday’s opening of the 62nd regional committee meeting of WHO Western Pacific, which includes the SAR and the mainland.

Chan recounted how firms have filed lawsuits. One target, she noted, is Australia, the first nation to legislate for plain cigarette packets to hit marketing efforts.

Such dirty tactics “are deliberately designed to instil fear in other countries wishing to introduce similarly tough tobacco control measures,” she said.

Delegates in Manila will today review progress in tackling non-communicable diseases after a UN General Assembly declaration last month. Chan helped push UN Secretary General Ban Ki Moon to put non-communicable diseases on the agenda for only the second time in its history – after HIV/aids.

She said tobacco is the common risk factor for non-communicable diseases such as cancer, diabetes and heart disease – “which break the bank.” That referred to a study published last month. It concluded that costs of treating cancer are “now unsustainable in even the richest nations,” Chan

said.

Urging WHO members to unite in anti-smoking efforts and back ideas like Australia’s on packaging, Chan added: “It is horrific to think that an industry known for its dirty tricks and dirty laundry could be allowed to trump what is clearly in the public’s best interest.”

Talking yesterday about Australia’s move to force tobacco companies to use the same dull packets whatever the brand was the chief of its Department of Health and Ageing, Jane Halton.

“It is fair to say that we are being targeted by what can only be described as subversive and disgraceful tactics by the tobacco industry, including using every available vehicle and opportunity to try and intimidate and/or threaten us to withdraw the legislation,” she said.

Hong Kong Director of Health Lam Ping-yan said the SAR will be “comrades and partners” with Australia and commended it for its determination to introduce plain packaging.

http://thestandard.com.hk/newsimage/20111011/6_2011101021431374030Dr-Margaret.jpg

In Hong Kong, people aged 15 and above who have been daily smokers dropped to 11.1 percent – among the lowest in the region – and Lam said more money will go to expanding the network of quit-smoking clinics.

The WHO said in May that tobacco will kill six million people this year, including 600,000 non-smokers.

And by 2030 it could kill eight million people annually – more than the combined deaths from HIV, TB and malaria, Chan said yesterday.

Tenants’ rights up in smoke

http://wehonews.com/z/wehonews/archive/page.php?articleID=6562

10 Oct. 2011

If you’re a smoker, start packing. Off to Nevada you go.

Last month Governor Brown signed Senate Bill 322, which targets smokers in rental properties throughout the State for eviction.

Introduced in February by State Senator, Alex Padilla, (D-Pacoima), the bill allows landlords to prohibit smoking or use of any tobacco products, apparently including smokeless tobacco, in their buildings.

While I have never been a smoker and I was grateful for the ban on smoking in restaurants, bars and airplanes, it just seems that we have reached a point where smokers have being demonized in a fashion that was previously reserved for homosexuals and pedophiles.

After January 1, landlords will be able to prohibit smoking not only in common areas, but in individual apartments.  Smoking in your own home could result in a just cause eviction after the first of the year.

Constituted as California Civil Code Section 1947.5, the summary set forth by the State Assembly Judiciary Committee, states “the new law permits a residential landlord to prohibit smoking of a cigarette or any other tobacco product on the entirety of a rental property.

The prohibition would include individual dwelling units, all communal buildings, indoor and outdoor public spaces and any other public spaces and any other section of the property as specified by the landlord.”

What I found fascinating was that one of this bill’s leading supporters was Apartment Owners Association of California, a powerful landlord lobbying machine that does not have a history of concern for health issues and is clearly not looking out for the rights of tenants.

The fact that you are a current tenant does not protect your smoking rights.

The landlord can terminate your right to smoke in your unit upon sixty days written notice.

There is not appeal and you are not protected by the West Hollywood Rent Stabilization ordinance.

Apparently the City of West Hollywood was missing in action while this bill was being considered.

Although I recognize that the majority of our City Council members are rabid when it comes to the issue of smoking, thousands of West Hollywood renters who do smoke may soon find themselves exiled from our community.

As tenants in rent controlled buildings are aware, property owners are constantly on the lookout for ways of terminating the tenancies of long term tenants who have enjoyed the benefits of West Hollywood’s strict rent control.

What is egregious about this bill is that is designed to allow a landlord to selectively ban smoking in individual units.  While your landlord can ban smoking in your unit, if you move or are evicted, the same unit can be rented to a smoker, albeit at a substantially increased rent.

As written, the law provides that a landlord can ban smoking in the entire building or any portion of a building, “including any dwelling unit.” The bill does not require a landlord to ban smoking in all units, just the units the property owner selects.

A landlord can evict one smoking tenant but not another.  Thus tenants with low rents would be at a huge risk while new tenants who are paying market rents are not likely to be evicted.

This law incentivizes tenant harassment.  After giving notice, your apartment manager would simply testify that he saw you smoking in your unit and you are out.  SB 332 will wreak havoc in West Hollywood.

The City of West Hollywood has a professional lobbyist on retainer, who constantly alerts the City Council as to any bill that relates to landlord/tenant issues.

Apparently the City of West Hollywood did not take a position on this bill.  Our Assembly member, Mike Feuer chairs the Assembly Judiciary Committee.  According to the staffer I spoke with in his office, the City of West Hollywood never contacted his office regarding this bill.

Had the City of West Hollywood been involved in the legislative process, the bill could have been cleaned up so it not have resulted in a law that seems specifically crafted to assist landlords to selectively evict tenants.

At every election our incumbent Council members religiously recite the “tenants’ rights” catechism.  They sanctimoniously pledge that no one is working harder to protect West Hollywood’s tenants.

We know this is largely a crock, as the Heilman/Land clique have been the biggest cheerleaders and enablers of the demolition of rent controlled housing to make way for luxury condos.

Nonetheless, you would expect that State legislation that may impact thousands of local residents would have warranted some public debate at the City Council level.  By all evidence, it appears that the City simply has betrayed thousands of local residents.

I understand that smokers are not a protected class.  They certainly are not a popular minority group.  But at the risk of being politically incorrect, I would maintain that they are still human beings who need a place to live.

While this community celebrates alcohol and embraces the needs of meth addicts, virtually no sympathy is extended to those hooked on tobacco.

As a society, we demonize second hand smoke.  Indeed in the SB 332’s legislative findings drafted by State Senator Padilla, statistics were quoted blaming second hand smoke for 49,000 deaths of non-smokers in the United States annually, including 3,400 from lung cancer and 46,000 by heart disease.

Now I don’t want to sound like some Republican doubting the science behind global warming, but how do accurately come to a figure of 46,000 deaths by heart disease caused by second hand smoke?  Americans die of heart disease because of all the hormone laden red meat we eat, our junk food diets, the stress of our jobs and our disgraceful lack of exercise.

While I am not saying that second hand smoke is free of health hazards, 3,400 of lung cancer could simply be from breathing the air or by use of charcoal barbeques.

Heck, I live next to the MTA lot at San Vicente.  My neighbors and I must second hand smoke the equivalent of two packs a day.  I am in greater danger from riding my bike to work than I am from second hand smoke coming from my neighbor’s apartment.

As California has become increasing “progressive,” we have become increasing intolerant of the other guy’s faults.

I would ask all of the supporters of SB 332 if they would be willing to stop texting or using their hand held cell phones while driving.  Thousands die because of our unhealthy addiction to our tech toys but no one is serious about penalizing their obvious misuse.

SB 332 does provide a potential escape clause if the City of West Hollywood is willing to act prior to January 1.  The law does allow municipalities to “grandfather” the rights of current smoking tenants that would protect them from eviction under the new law.

At this point I would certainly encourage all of my smoking friends who rent in West Hollywood to kick the habit.

Alternatively, give up tobacco and switch to marijuana.  At least marijuana smoking in your castle is still a protected activity in West Hollywood.

Smoking Is a Drag at the Box Office: Scientific American

http://www.scientificamerican.com/article.cfm?id=smoking-drag-movie-profits

An analysis of top-grossing movies from the last decade shows that films with smoking make less money

BURNING MONEY?: Movie-makers are burning potential earnings when they have onscreen characters light up, new research suggests. Image: iStockphoto/THEPALMER

It could almost be enough to make  Cruella de Vil consider a nicotine patch: a new analysis has found that films with scenes that show smoking reliably make less money at the box office than their cigarette-free counterparts. The finding, says Stanton Glantz, director of the Center for Tobacco Control Research and Education at the University of California, San Francisco, adds to the case for giving any movie that depicts smoking to an automatic ‘R’ rating.

Together with Jonathan Polansky, who helped craft anti-smoking messaging in the past and now heads the California-based media campaign company Onbeyond, Glantz reviewed information on 1,232 movies released in the U.S. that were among the top 10 grossing films for at least one week between 2002 and 2010.

Movies with bigger budgets tended to earn more at the box-office, as they were more likely to feature big stars and massive promotional marketing. Moreover, PG-13 films had a better chance of making more money than R rated films—in part because the former are accessible to a wider age-range of moviegoers. But even after controlling for factors such as total budget and film rating, the researchers found that smoking was associated with 13 percent less money made in ticket sales.

Thirteen percent might not sound like a big difference, but it can translate in to many millions of dollars given the huge profits of blockbusters. Last year, for example, Inception and Iron Man 2 each made around $300 million in U.S. theaters alone.

“Putting smoking in the film isn’t leading to more popular films that make more money,” Glantz says. It’s leading to less popular films that make less money.” As to why films with smoking make fewer dollars, Glantz says he is uncertain, but he adds it might be part of a collection of edgy behaviors in a film that don’t appeal to audiences as much as movie studios expect.

The research, which was funded by the Legacy Foundation, a Washington, DC-based tobacco prevention nonprofit, was published online September 26in Tobacco Control.

Smoke screen

The controversy over cigarettes in films has raged for decades. It was not so long ago that tobacco companies paid directors to include scenes with smoking. For example, the company American Tobacco, which is now part of British American Tobacco, maker of brands such as Lucky Strike, gave a product placement firm at least $675,000 between 1984 and 1994 to get its products featured in films.

Perhaps best known for documenting that big tobacco knew for decades that nicotine was addictive and that smoking causedcancer, Glantz leads the Smoke Free Movies project, which aims advocates for the automatic ‘R’ rating for any film that shows characters puffing away on screen, to prevent ”anyone under the age of 17 from seeing the film in the theater without the accompaniment of a parent or adult guardian.

In September, the World Health Organization echoed the call for worldwide adult ratings for films depicting tobacco use. And other researchers have called for similar age restrictions, including Andrea Waylen of the University of Bristol in the UK. A study published by Waylen and her colleagues in the journal Thorax, released last month, crunched survey data from more than 5,000 adolescents and found that those 15-year-olds who had watched the most films featuring smoking were 73 percentmore likely to have tried a drag than their counterparts who had seen the fewest such films. “The results of our study indicate that it’s very important that children are protected from smoking in films,” she says. Waylen adds that the findings from Glantz’s study strengthen the case for adult ratings: “If there is no associated increase in [movie] income what possible excuse is there for smoking to be included?”

The rating of a film, which is ultimately set in the U.S. by the Motion Picture Association of America, is usually in mind before the first frame is shot, and written by studios into the contract of many movie directors, according to Glantz. So he hopes the new findings will convince studios to keep cigarettes out of the frame: “Hollywood is all about money. They talk about art, but it’s all about money.”

But not everyone is convinced that automatic ‘R’ ratings for smoking provide the answer. Simon Chapman of the University of Sydney, who describes himself as “‘enemy number one’ of the tobacco industry here in Australia”, says that using this type of adult classification is an inefficient way of keeping youngsters from trying cigarettes. “I think that it’s a very minor thing,” he says of movie ratings. He adds that making more films R-rated would unfairly put the onus on parents to sort through which films show violence and sex, and which ones show smoking.

Chapman also points out that the new report from Glantz and Polansky does not take sales of DVDs and downloads into account—and many teens are able to view R-rated films this way. He adds, “the fact is that kids are already seeing R-rated films with great ease. Even the ones whose parents don’t allow them to do that find a way.”

The Motion Picture Association of America says it takes a highly contextual approach to determining film ratings, rather than an ‘automatic’ approach based on a checklist.  “We believe that we should treat smoking as we treat all other rating elements,” says Howard Gantman, a spokesperson for the association.

However the campaign for automatic R-ratings for smoking turns out for future films, smoky classics such as Disney’s 1961 cartoon 101 Dalmatiansfeaturing Cruella De Vil puffing away at her cigarette holder—will likely remain a popular children’s movie for years to come. “In fact,” Glantz notes, “101 Dalmatians was one of the smokiest films made.”