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October, 2011:

WHO chief slams tobacco industry tactics

THE World Health Organization’s chief has urged governments to unite against “big tobacco”, accusing 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 today.

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.

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 3000 people die each day from tobacco use in the Western Pacific region.

This covers an area with a population of 1.6 billion people.

U.S. measures to reduce teenage smoking deemed WTO violation

http://citizen.typepad.com/eyesontrade/2011/09/wto-opens-door-to-teen-tobacco-addiction.html

U.S. measures to reduce teenage smoking violate World Trade Organization (WTO) rules, according to a panel ruling released late last week. Indonesia successfully argued that the U.S. Family Smoking Prevention and Tobacco Control Act (FSPTCA) of 2009 violated WTO rules. The ruling opens the door to more teenage tobacco addiction, while further imperiling the legitimacy of a WTO that rules against environmental, health and other national policies 90 percent of the time.

EC State aid for films and tobacco use among young people

Download PDF : EU-Cinema Consult-1 HT.2950

Public consultation on plain packaging of non-cigarette tobacco products

http://www.yourhealth.gov.au/internet/yourhealth/publishing.nsf/Content/plainpack-non-cig-tob-products

In April 2010 the Australian Government announced that, in a world first, all tobacco products sold in Australia would be required to be sold in plain packaging by 1 July 2012.

The Government’s legislative proposal on plain packaging aims to prevent tobacco advertising and/or promotion on tobacco product packaging in order to:

§  reduce the attractiveness and appeal of tobacco products to consumers, particularly young people;

§  increase the noticeability and effectiveness of mandated health warnings;

§  reduce the ability of the tobacco product packaging to mislead consumers about the harms of smoking; and

§  through the achievement of these objectives in the long term, as part of a comprehensive suite of tobacco control measures, contribute to efforts to reduce smoking rates.

First consultation process

To enable full stakeholder and community engagement in the process, the exposure draft of the Bill and the Consultation Paper were released for public comment from 7 April 2011 to 6 June 2011. The Consultation Paper outlined the Government’s approach to implementing plain packaging, its response to design testing and targeted consultations, and provided an explanation of the key provisions of the exposure draft Tobacco Plain Packaging Bill 2011.

Consultation Paper and the submissions received for first consultation process

Legislation

On 6 July 2011, the Hon Nicola Roxon MP, Minister for Health and Ageing introduced the Tobacco Plain Packaging Bill 2011 and associated Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 into Parliament. The bills passed the House of Representatives on 24 August 2011 and are currently before the Senate. The bills and supporting documents are available at :

§  Tobacco Plain Packaging Bill 2011:

§  Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011:

Second consultation process

The first Consultation Paper on the Government’s proposal for plain packaging of tobacco products noted that the Government would conduct a further consultation on the detail of the proposed design features for the plain packaging of non-cigarette tobacco products in the second half of 2011.

A second Consultation Paper is now being released for public comment. This consultation paper outlines the Government’s proposed approach to implementing plain packaging for non-cigarette tobacco products.

Following the completion of this consultation process, the regulations for non cigarette tobacco products will be finalised before the commencement of the Tobacco Plain Packaging Bill 2011 on 1 January 2012.

Plain packaging could prevent nicotine habit

7 April 2011

Plain cigarette packaging could help prevent people taking up smoking, according to new research led by Bristol scientists. The study, part of the work of the UK Centre for Tobacco Studies (UKCTCS), also showed that packaging would have little effect on those who already smoke on a daily basis.

The researchers monitored the eye movements of non-smokers, light smokers and daily smokers whilst looking at two different sorts of cigarette packets: both had identical health warnings but one was branded and one plain.

The results showed that the eyes of non-smokers and light smokers were drawn to the health warnings on plain packets more than on branded packets, suggesting that plain packaging enhances attention to health warnings.  Existing smokers did not seem to be affected by packaging modifications.

Marcus Munafò, Professor of Biological Psychology, who led the research said: “In this study we assessed the impact of plain packaging on visual attention towards health warning information and brand information on branded and plain cigarette packs, using eye tracking technology.”

“This technology provides a direct measure of eye gaze location and therefore the focus of visual attention.  It is plausible that the more someone looks at the health warnings, for example, the more likely those health warnings are going to be read and understood, with a subsequent impact on behaviour.”

Tobacco marketing has been banned in many countries as it encourages the uptake of smoking and makes it harder for smokers to quit.  In response, the tobacco industry has focused on unregulated marketing channels, including packaging, as a way of promoting its products.

Plain packaging has been proposed to address the issue of tobacco promotion, meaning every packet would be the same shape and colour, with standard typeface, colour and size for relevant legal markings and health warnings.

However, the tobacco industry has argued that there is no evidence to support the move and is campaigning against it.  This UKCTCS study provides important support for introducing plain packaging, as well as demonstrating exactly why the tobacco industry is fighting these plans so desperately.

The article will be published online by the scientific journal Addiction on 11 April 2011.

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Marcus Munafò
Professor of Biological Psychology
School of Experimental Psychology
University of Bristol
12a Priory Road
BRISTOL BS8 1TU
United Kingdom

+44.117.9546841 t.
+44.117.9288588 f.

marcus.munafo@bristol.ac.uk

http://www.bris.ac.uk/expsych/people/academic/marcusmunafo.html
http://www.bris.ac.uk/expsych/research/brain/targ/
DOWNLOAD PDF : Munafo et al. (2011)

Australia seeks world backing on tobacco legal fight

http://www.reuters.com/article/2011/10/06/us-australia-tobacco-idUSTRE7953S820111006

CANBERRA | Thu Oct 6, 2011 10:14am EDT

CANBERRA (Reuters) – Australia is confident the world’s toughest anti-tobacco laws will soon pass parliament, but the government warned on Thursday that the anti-smoking fight was not over and urged other nations to reject a possible WTO challenge backed by big tobacco.

Health Minister Nicola Roxon said the minority government was bracing not only for a court challenge to its plan to force cigarettes to be sold in plain packaging from 2012, but also an intellectual property dispute at the World Trade Organization.

“A tobacco company themselves can’t bring a claim in the WTO. A state has to do that,” Roxon told Reuters in an interview.

“I won’t be surprised if tobacco companies are out there looking for a country to claim on their behalf, and we urge countries not to do that.”

The new laws, expected to easily pass parliament next week with backing from the conservative opposition and Green crossbench senators, are being closely watched by New Zealand, Canada, the European Union and Britain, which are considering similar restrictions.

The legislation is in two parts, one of which mandates that cigarettes can only be sold in plain olive green packaging and another part restricting tobacco company trademarks.

The pathfinding plan has infuriated tobacco firms including Philip Morris, British American Tobacco and Imperial Tobacco, which have threatened a High Court challenge. Tobacco nations like Nicaragua, Kenya and Ukraine also say the measures breach global trade rules.

Despite political unease at home over potential compensation claims that tobacco companies have said could mount to billions of dollars, Roxon has been a passionate advocate for the laws within the Labor government, which has a one-seat buffer with the backing of Green and independent MPs.

Her father, Jack, a one-time smoker, died of esophageal cancer at 42, when Roxon was just 10, leaving her pharmacist mother alone to raise three daughters.

“Big tobacco companies do have big tentacles that reach far and wide across the world. I’ve made very clear to my international colleagues that they need to look at this not only from a health perspective, but from a trade perspective,” Roxon, now 44, 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.

Industry analysts say tobacco companies are worried that plain packaging could spread to emerging markets like Brazil, Russia and Indonesia, and threaten growth there.

In Britain, tobacco companies have been fighting in courts for the right to sell cigarettes in vending machines, while tobacco companies in the U.S. are challenging more graphic health warnings on cigarette packets, claiming the changes violate their right of free speech.

An Australia parliamentary committee looking into the legislation and possible grounds for a legal contest received submissions from as far afield as Europe and Kenya, and even cigarette retailers in Peru and Rio de Janeiro.

“We don’t know how much (tobacco firms) seek to influence other players, but we certainly become suspicious when you see comments made by people apparently completely disconnected to Australia … when the lines are exactly reflecting — almost parroting — tobacco companies,” Roxon said.

Australia’s tobacco market generated total revenues of around A$10 billion (U.S.$9.6 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.

Australia wants to cut the number of people who smoke from around 15 percent of the population to 10 percent by 2018. Health authorities say smoking kills 15,000 Australians each year with social and health costs of around A$32 billion.

Roxon said she had experienced enormous support from other health ministers at a recent United Nations health meeting in New York, and was sharing Australia’s legal preparations with other nations likely to follow Canberra’s plain-pack lead.

“Ultimately that’s going to be worrying the tobacco companies, but that is absolutely going to be better for consumers and people who would otherwise be future patients,” she said.

Tobacco-free weddings: the new front in China’s anti-smoking campaign

http://news.xinhuanet.com/english2010/china/2011-10/05/c_131174900.htm

SHANGHAI, Oct. 5 (Xinhua) — Chinese health experts and tobacco control officers have initiated tobacco-free wedding campaigns in response to the country’s indoor tobacco control policy, but have made little headway so far.

Today, about 300 million adults in China smoke and 540 million people of all ages are affected by second-hand smoke, industry estimates show.

Tobacco is deeply rooted in the national culture. For example, leading brands of cigarettes and wines are a must at wedding banquets, where newlyweds visit each table and toast the guests to express their gratitude and the bride, in particular, lights a cigarette for each male guest.

However, traditions like this were challenged in March, when the country’s Ministry of Health included a ban on smoking in enclosed public spaces in a revised regulation on health management.

Campaigns promoting tobacco-free weddings were thus carried out in Shanghai Municipality and several provinces including Zhejiang, Jiangxi and Shandong.

“Prohibiting smoking in wedding receptions is an effective way of raising public awareness,” said Lu Yajuan, the head of the tobacco control project for the city’s disease control and prevention center.

However, Lu said the center started to recruit volunteer couples-to-be early this year to hold tobacco-free weddings, but just a few of the 200 couples it reached promised to hold non-smoking ceremonies.

Most young couples had a strong awareness of tobacco control, but they refused to hold a tobacco-free wedding for fear of losing face or meeting opposition from their parents, said Li.

“So there remains a lot to do to make tobacco-free weddings a popular practice in our country,” said Lu.

Between August and September, only two wedding receptions were held in support of the regulation, despite efforts made by China’s Center for Disease Control and Prevention to promote the tobacco-free weddings.

One of the wedding receptions was held in Harbin, the capital of northeast China’s Heilongjiang Province, during which the couple did not hand out a single pack of cigarettes. As a result, no guests smoked during the four-hour banquet.

The guests applauded the couple when they said they would donate the 2,800 yuan (448 U.S. dollars) that would have been used to buy cigarettes to children living in poor mountainous areas, said an employee with the local tobacco control association who attended the wedding.

At the other tobacco-free wedding, which was held in Shandong Province’s city of Zhaoyuan, the groom not only posted no-smoking signs in the hall, but also appealed to the guests to join the country’s tobacco-control efforts.

Yang Gonghuan, deputy head of the Chinese Association on Tobacco Control, said most couples who have held tobacco-free weddings so far work in journalism or environmental protection, so they know more about the deadly consequences of smoking.

But people working in other fields learn less about the health risks of tobacco use, and do not consider a tobacco-free wedding to be necessary, said Yang.

People supporting anti-smoking campaigns are offering new ways to promote tobacco-free weddings.

Several wedding service agencies have advertised their packages for a “romantic wedding without cigarettes” on popular Chinese microblogging sites.

Journalists with Health News proposed having celebrities as spokespersons for tobacco-free weddings and broadcast these weddings live on the Internet, during a seminar on tobacco-free wedding promotion held Monday.

Tesco to be Charged £38m for Selling Tobacco in Scotland

http://www.internationalsupermarketnews.com/news/4959

http://www.internationalsupermarketnews.com/wp-content/uploads/2011/09/Tesco-store.jpg

Following its recent evasion of the Scottish Government’s crack-down on cut-price alcohol, Tesco may soon be hit by a tax for selling tobacco in a number of its larger stores across Scotland.

The government’s new public health levy is aimed at larger retailers that stock both alcohol and tobacco, and as reported by the property firm Ryden, Tesco owns 90 of the 221 stores in Scotland sure to be affected. Property experts have warned that the levy, suggested by finance minister John Swinney, may force a number of supermarkets to stop selling tobacco in Scotland.

The government has set forth its plans to raise £110 million over the course of the next three years, and since Tesco has the highest number of stores with a rateable value of more than £300,000, it is estimated that the levy will cost them more than £38m.

Asda, Sainsbury’s and Morrisons, are also on track to pay tens of millions of pounds in additional business rates, but it is Tesco that will be hit hardest. In general, supermarkets which sell both alcohol and cigarettes will see a 22% increase in their rates bill, which averages out as an increase of £136,000 in 2012. In the first year of the new levy, it is predicted that Tesco will see £10m added to its rates bill payable in April.

However, there is the danger for Scottish consumers that the supermarket giant may simply stop selling tobacco in its larger stores across the country, in order to avoid the newly-imposed levy. A ratings specialist and partner of Ryden claimed that “Tesco will work out they don’t make £10m in profit on cigarettes. So they could easily clear their shelves and save themselves £10m in one fell swoop.”

The Scottish Retail Consortium has also reacted with anger against the public-health levy, saying that the figures proved that the Scottish government was really “picking the pockets” of the big four supermarket groups.

Short URLhttp://www.internationalsupermarketnews.com/?p=4959

Analysis of nicotine-induced DNA damage in cells of the human respiratory tract

Download (PDF, 1.75MB)

Turning profits from a puff of smoke

http://www.chinadaily.com.cn/hkedition/2011-10/05/content_13837687.htm

Turning profits from a puff of smoke

A woman pushes ten packs of cigarettes into her socks, to smuggle them across the border, right in front of a duty-free shop at Luohu Port. Michelle Fei / China Daily

Turning profits from a puff of smoke

Cigarettes are sold at duty-free prices at a retail store outside Luohu Port. Michelle Fei / China Daily

Cigarette smuggling has leapt more than 45 percent since the tobacco tax took a big jump earlier this year. Potential profits are so high that the illicit tobacco trade is drawing high numbers of small entrepreneurs. Michelle Fei reports.

It was around 7 pm at Luohu Port, Shenzhen, when a middle-aged woman, dressed casually in a black shirt and black sports trousers, walked into a duty-free shop and asked for a carton of cigarettes. A few minutes earlier the woman had crossed the Shenzhen checkpoint. The store clerk hardly looked at her, handing over the cigarettes without hesitation.

Outside, the walkways were crowded with pedestrians – a typical scene as the sun set in the west.

Back inside the duty free shop, the female customer slit open the cigarette carton and one by one removed ten packs. Something in her manner made it look as if she’d done this before. Then she rested one legs on a nearby fire extinguisher, peeled back her trouser leg and started pushing the cigarettes into her socks. When she had completed the task she rolled down her trouser legs, packed up and quietly headed for the Hong Kong checkpoint. Her manner was perfectly serene as if what she had just done was completely normal. The saleswoman, who saw the whole thing unfold, seemed to think it was perfectly normal, too. She showed no surprise, nor did the customers standing nearby. A casual witness would hardly believe there was a crime in progress.

The woman clearly was breaking the law, bringing 200 cigarettes into Hong Kong, nearly ten times of the duty-free limit of 19 cigarettes. This could have earned her a two-year prison sentence, the maximum for smuggling cigarettes into Hong Kong. That and HK$1 million fine is under the Dutiable Commodities Ordinance.

“You can buy as many duty-free cigarettes as you want from me, as long as you are not caught by the Customs,” said a staff member of a tobacco retail store outside the Luohu Port, in response to a question from a China Daily reporter, acting as an ordinary smoker.

“There are many ways for you to avoid being caught by the Customs. You can just hide the tobacco under your clothes or simply put them in your pocket. The scanning machines only check luggage, not for human beings,” said the anonymous retailer, a young man in his 20s.

On the shelves were many brands of cigarettes from Hong Kong, Macao and Vietnam, offered at duty-free prices that legally are available only inside the port. When asked how he managed to stock so many duty-free tobaccos, he replied only that he could guarantee these were the same as were being sold at the duty-free shops inside the port.

“It’s normal for people to buy one to two cartons of cigarette to cross the border. The scanning machine are not very smart – it cannot identify cigarettes if you just put them inside your bag,” said a female in another retail store located on the second floor of the Luohu Port shopping mall.

A restaurant located next to the woman’s store even sales take-away boxes for people to pack up cigarettes to cross the border. The boxes, it was claimed, “work every time”.

A pack of Lucky Strike, a popular brand, cost around HK$24 in a normal store. At the nearby duty-free shop, the brand was selling for HK$15 a pack in the duty-free shop inside the Luohu Port and Shenzhen Bay Port. In Hong Kong, after tax, it would cost around HK$48-HK$50.

The profit in cigarette smuggling is so high that people are being drawn in despite enhanced security.

Between January and August this year, some 77 million sticks of illicit cigarettes were seized at cross-boundary control points in Hong Kong. That was 45.3 percent more than the same period of 2010.

Cases involving contraband cigarettes showed a slight increase of approximately 4 percent to 857 cases, compared 2010, according to the Hong Kong Customs. The Customs believed that such figures reflected the effectiveness of its enforcement actions.

The Customs was also aware of “couriers” using “ants moving house” tactics to smuggle in illicit cigarette via cross-boundary control points, such as the woman China Daily observed in the Luohu duty-free shop.

The Customs plans no specific measures to crack down on these “couriers”.

For one thing, the majority of the illicit cigarettes were smuggled across the border in vehicles loaded with other cargoes or concealed at the rear of the vehicles or inside false compartments of cargo containers. For another thing, the Customs is also concerned about personal privacy and human rights elements when body checks are involved.

“So far, checking of human bodies, even if checking for legal reasons, still remains very sensitive and has already drawn complaints from society. Thus we have no plans to tighten body checks, despite the risk of cigarette smuggling, or even illicit drug trafficking,” said a spokesman for the Hong Kong Customs.

In Hong Kong, illicit cigarettes are sold by “peddlers”. Some peddle on street. Some entrepreneurs even take phone orders. Areas with heavy pedestrian traffic, such as Mong Kok, Yau Ma Tei, Sham Shui Po, Chai Wan and Wan Chai, are so-called black spots for illicit cigarette peddling, according to the Customs.

After a crackdown, peddlers are more cautious nowadays. Phone calls made by China Daily to a peddler were passed on to a “secretary”, claiming that only “friends” and “acquaintances” can talk to the “boss” directly.

The first casualty in these “black spots” for illicit cigarette selling are the newsstands which also depend on cigarette sales. Business at news stands is said to have shrunk by 20 percent since the tobacco tax was raised 41.5 percent after the 2011-2012 Budget.

“It’s getting harder and harder for us to keep the business going. Cigarette smuggling had seriously affected our business. Many stands have closed,” said Liu Sair-ching, chairman of the Coalition of Hong Kong Newspaper and Magazine Merchants. The organization includes over 35,000 newsstands.

Nelson Chow, professor of the Department of Social Work and Social Administration at the University of Hong Kong, reckoned the scenario involving illicit cigarettes “couriers” was a result of “supply and demand”.

“In Hong Kong, rich people are more aware of the harms of smoking, thus the majority of smokers are people from middle or lower class with less income. Heavy tobacco taxes left them either to quit smoking, or to turn to illicit cigarettes, which are almost half the price of the taxed ones,” said Professor Chow. Despite a non-smoker, Chow understands that it is hard for smokers to quit smoking, if they feel the need to relax from high working stress and long working hours.

“The Customs’ concern over such ‘couriers’ is understandable. On one hand, the ‘couriers’ did commit an offense. However, it was not that serious compared with drug trafficking or other crimes. It’s right for the Customs to focus on more serious crimes,” said Chow.

“Personally I support the raising of tobacco taxes, but I don’t believe charging more tax is an effective way to get people to quit smoking,” said Chow.

He believes that, similar to regulating street hawkers, the government should take more strict measures to crack down on cigarette smuggling when it was on the rise. But there seems no way to give a clear cut.

(HK Edition 10/05/2011 page4)