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October, 2012:

Public support tobacco plain packaging – survey

The New Zealand Herald

By Shawn McAvinue

9:33 AM Thursday Oct 11, 2012

Photo / File / David White.

Photo / File / David White.

University of Otago researchers say the public support the plain packaging of tobacco, but a tobacco industry spokesman says the research proves little about real smoker behaviour.

The ASPIRE2025 research group, including University of Otago marketing and public health professors, surveyed 418 smokers and 418 non-smokers in New Zealand in March.

Marketing department professor Janet Hoek said more than two-thirds of respondents supported plain packaging and support was expected to grow further.

Legislation for smoke-free bars and restaurants in 2003 was initially supported by about 35 per cent of people but now more than 80 per cent of New Zealanders supported the legislation, she said.

“Support for plain packaging is already very high, but we would expect it to increase even further as the issues are debated and after plain packs are introduced.”

Plain packaging would be a logical and popular step towards achieving a smokefree New Zealand by 2025, she said.

Marketing professor Phil Gendall said tobacco companies argued packaging simply encouraged brand switching but the research found smokers were extremely brand loyal and unlikely to switch brands.

Public Health professor Richard Edward, from Wellington, said a fifth of respondents agreed plain packaging would be unfair because it prevented the use of brands and logos.

However, nearly three times as many respondents disagreed, he said.

Professor Gendall said a study found tobacco packaging communicated powerful brand identities to young adult smokers and non-smokers, and respondents could identify clear brand personalities for both familiar and unfamiliar cigarette brands.

“Removing brand imagery eliminates positive brand personalities that attract young people to smoking.”

British American Tobacco New Zealand general manager Steve Rush said the research did not prove that plain packaging would reduce tobacco consumption.

“The research is attitudinal and is based on opinions. It’s about how people think they might behave in the future. It’s not about how people actually behave.”

Tobacco packaging did not influence why people started smoking or quit, he said.

The reasons people smoked included family influence, peer pressure and risk-taking behaviour, Mr Rush said.

“Packaging doesn’t influence these decisions.”

Graphic health warnings failed to reduce tobacco consumption even though research predicted they would, Mr Rush said.

Plain packaging would remove intellectual property rights, which should always be protected to support a strong and dynamic economy, he said.

It would violate international trade agreements and damage New Zealand’s trading reputation, he said.

Plain packaging would make it easier for counterfeiters to grow an unregulated black market, meaning more affordable tobacco, particularly for youth, he said.

By Shawn McAvinue

– Otago Daily Times

Copyright ©2012, APN Holdings NZ Limited

‘Prosecute bars for smoking breach’

http://rthk.hk/rthk/news/elocal/news.htm?elocal&20121010&56&875180

10-10-2012
Bar managers should be liable for prosecution if people are caught smoking inside their premises, according to the chairwoman of the Council on Smoking and Health, Lisa Lau.

Ms Lau made the call on the 30th anniversary of the enactment of the first anti-smoking legislation in Hong Kong.

Since 2007, most public places have been covered. But at the moment, only smokers themselves can be prosecuted.

Ms Lau said this makes it difficult for staff from the Tobacco Control Office – the TCO – to implement the law.

She suggested amending the law to make bar managers liable for prosecution if people light up in their premises.

Ms Lau said if those managing their venues could help stop indoor smoking it could ease the pressure on the Tobacco Control Office.

Stub them out

http://www.thestandard.com.hk/news_detail.asp?we_cat=11&art_id=127186&sid=37865858&con_type=3&d_str=20121010&fc=2

Mary Ann Benitez

Wednesday, October 10, 2012

Bar and restaurant managers should be prosecuted if people are caught smoking in their premises.

That’s the latest stub-’em-out warning from the Hong Kong Council on Smoking and Health.

“If they are liable, it would make the job of enforcing the law by the government much easier,” COSH chairwoman Lisa Lau Man-man said.

“If you have to call the Tobacco Control Office, before they could come to give people the ticket, the smoker might be gone already.”

The fixed penalty for smoking in a no-smoking area is HK$1,500.

Lau urged the change yesterday on the fringes of a reception to mark the 30th anniversary of the first anti-smoking legislation in Hong Kong in 1982.

The Tobacco Control Office, which has only 146 officers to enforce the smoking ban, issued a total of 5,286 fixed-penalty notices from January to August this year. Last year, a total of 7,637 were issued.

However, prosecuting managers is opposed by industry stalwarts.

Allan Zeman, chairman of the Lan Kwai Fong Association, said: “I don’t think it’s fair to prosecute a bar manager who’s there to do his job and make sure the bar and restaurant are functioning properly.”

A spokesman for the Food and Health Bureau said views of the public as well as COSH “would be taken into account when the government considers further initiatives to control smoking.”

Meanwhile, World Health Organization director-general Margaret Chan Fung Fu-chun, in Hong Kong as a guest at the anti-smoking law reception, told Secret

ary for Food and Health Ko Wing-man that he has much more to do on tobacco control, even if Hong Kong has an 11.1 percent smoking rate, among the lowest in the world.

Chan said she discussed with Koand Chief Executive Leung Chun-ying the need for plain packaging and Australia’s victory in its case against a lawsuit filed by the “despicable” tobacco companies.

“The highest court in Australia ruled that the government’s action is correct,” she said. “And that is a very important win for public health.

“Norway was also taken to court by the tobacco industry. Norway again won that court case, and two wins in succession is good news for public health because it is the right thing to do to protect women, children and men’s health.”

Description: http://www.thestandard.com.hk/newsimage/20121010/6_2012100923063624464Chan.jpg

She said the tobacco industry tries every means to target young women and children, especially to entice them to buy tobacco products.

“Every government, including Hong Kong, should take every precaution to protect their people,” Chan said.

If governments do not take effective action, there will be more than 8 million deaths every year by 2030 – up from 6 million now.

Leung told the reception smoking- related treatment and other services cost the government HK$53 billion a year.

Ko said: “As the chief executive pledged, we will continue our initiative to drive all other measures to ensure that Hong Kong will become a smoke-free society.”

Huang Jiefu, vice minister of the ministry of health, said tobacco control has become “a prominent social issue and related legislation has gradually been established.”

China has more than 300 million smokers, while 740 million are threatened by second-hand smoke.

High Court of Australia judgment Plain Packaging

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Tobacco plain packaging laws clear test, court rules

Amy Corderoy
Published: October 5, 2012 – 5:20PM

BIG TOBACCO’s arguments in a High Court challenge to plain packaging were based on a “fatal” flaw, the Chief Justice of the High Court of Australia has said.

The reasons for the Court’s decision that the plain packaging of tobacco products is not unconstitutional were released today, revealing the Commonwealth won its case with a six to one majority.

Tobacco companies Japan Tobacco International SA and British American Tobacco Australasia had sought to challenge Australia’s plain packaging of tobacco products – due to be implemented on December 1 – on the grounds that the laws involved the government acquiring their intellectual property.

But the six judges who ruled against the challenge said while the government had imposed rules and regulations on the tobacco companies, it was not using their property for its own benefit and so was not violating the constitution.

”Although the (Tobacco Plain Packaging) act regulated the plaintiffs’ intellectual property rights and imposed controls on the packaging and presentation of tobacco products it did not confer a proprietary benefit or interest on the Commonwealth,” a summary of the judgement said.

”The act was valid as it did not acquire property. It therefore did not engage section 51(xxxi) of the constitution.”

The director of the McCabe Centre for Law and Cancer, Jonathan Liberman, said today the six to one verdict was a “resounding win” for the government.

“The reason for the decision is no surprise, that neither the Commonwealth nor anyone else has obtained any proprietary benefit or interest, which was always the test under the Australian constitution,” he said.

The president of the Australian Council on Smoking and Health, Mike Daube, said it was unclear as yet if the reasons would help Australia fight off other challenges to the laws currently underway in international trade courts, but it would certainly do no harm.

“I think the strength of this decision will give the Commonwealth a lot of comfort,” he said.

The High Court had initially revealed that the tobacco industry had lost its case in August, but had not provided the reasons behind the decision.

In his judgment, the Chief Justice of the High Court, Robert French, ruled that “on no view” could it be ruled that the government had acquired a proprietary benefit, a conclusion that was “fatal to the case” of the tobacco companies.

The only dissenting judge, Dyson Heydon, delivered a stinging criticism of governments’ eternal hatred of the part of the constitution, Section 51(xxxi), that ensures it must pay for property it acquires.

“The flame of the Commonwealth’s hatred for that beneficial constitutional guarantee, s 51(xxxi), may flicker, but it will not die,” he said. “That is why it is eternally important to ensure that that flame does not start a destructive blaze.”

This story was found at: http://www.smh.com.au/opinion/political-news/tobacco-plain-packaging-laws-clear-test-court-rules-20121005-274fn.html

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Australia tobacco law did not infringe rights – court

http://uk.reuters.com/article/2012/10/05/uk-australia-tobacco-idUKBRE89408520121005

CANBERRA (Reuters) – Australia did not infringe tobacco companies’ intellectual property rights by forcing them to sell cigarettes in plain packets, Australia’s highest court said on Friday, killing off any domestic challenge to the plain-packet ruling.

Australia’s highest court in August dismissed a challenge by international cigarette companies to tough anti-tobacco marketing laws in a major test case that means from December 1, cigarettes and tobacco products must be sold in plain green packets with graphic health warnings, such as pictures of mouth cancer and other smoking-related illnesses.

Tobacco giants British American Tobacco, Britain’s Imperial Tobacco, Philip Morris and Japan Tobacco challenged the laws, saying the rules were unconstitutional because they effectively acquired their intellectual property rights.

The High Court, in details of its ruling in a full judgement handed down on Friday, dismissed that argument.

“Although the Act regulated the plaintiffs’ intellectual property rights and imposed controls on the packaging and presentation of tobacco products, it did not confer a proprietary benefit or interest on the Commonwealth or any other person,” the court said in a statement.

The decision is a blow to tobacco companies and ends any domestic Australian challenges to plain packaging.

A spokesman for British American Tobacco Australia said the new regulations would have serious unintended consequences regardless of the reasons for the court decision.

The laws are in line with World Health Organisation recommendations and are being watched closely by Britain, Norway, New Zealand, Canada and India, which are considering similar measures to help fight smoking.

(Reporting by Maggie Lu Yueyang; Editing by Robert Birsel)

Adult Smokers’ Reactions to Pictorial Health Warning Labels on Cigarette Packs in Thailand

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New website shows tobacco contributions to Oklahoma lawmakers | NewsOK.com Hong Kong needs to mandate political party funding sources be revealed

Hong Kong needs to mandate political party puppet string funding sources be revealed

http://newsok.com/new-website-shows-tobacco-contributions-to-oklahoma-lawmakers/article/3714920

Oklahoma Politics News and Articles

New website shows tobacco contributions to Oklahoma lawmakers

The tobacco industry has given more than $242,000 to Oklahoma lawmakers, according to a new website.

By Michael McNutt | Published: October 2, 2012 Oklahoman 2

Capitol brief

New website tracks tobacco contributions

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A website has been launched that features searchable databases of all campaign contributions and gifts from tobacco lobbyists to state legislators.

The website, www.tobacco.money.com, also encourages lawmakers and legislative candidates in Oklahoma to sign a pledge to not accept campaign contributions, meals or other gifts from any tobacco company political action committee or from any registered lobbyist for a tobacco company or tobacco trade association.

Dr. Robert McCaffree, co-director of the Oklahoma Tobacco Research Center, said a clear correlation exists between tobacco industry contributions and the suppression or opposition of legislation intended to reduce tobacco use in the state.

Since 2006, state legislators now in office have accepted $242,719 in campaign contributions, meals and other gifts from tobacco lobbyists and tobacco company political action committees, according to the website. Nine representatives and 11 senators have accepted at least $3,000.

The website’s author, Doug Matheny, is the former director of tobacco prevention at the state Health Department; he retired in February 2011 after 28 years of service. “For decades, we’ve watched tobacco lobbyists manage to kill bills they oppose and pass bills they support,” he said.

MICHAEL MCNUTT, CAPITOL BUREAU

Read more: http://newsok.com/new-website-shows-tobacco-contributions-to-oklahoma-lawmakers/article/3714920#ixzz28F21OLWQ

My view: Arguing the case for tobacco taxes

By Patrick Reynolds

Description: Charlie Waters smokes in Omaha, Neb., Wednesday, Feb. 14, 2007. Tobacco taxes, the evidence shows, literally save lives.  (Nati Harnik, ASSOCIATED PRESS)

Published: Wednesday, Oct. 3 2012 12:00 a.m. MDT

Charlie Waters smokes in Omaha, Neb., Wednesday, Feb. 14, 2007.

Tobacco taxes, the evidence shows, literally save lives. (Nati Harnik, ASSOCIATED PRESS)

Arguments about taxes are as American as apple pie. But there’s one tax that improves health, reduces health care costs and brings in new revenue to balance budgets and fund critical needs. Tobacco taxes, the evidence shows, literally save lives.

There are now 3 million fewer smokers in the United States, thanks in large part to the 62-cent federal tobacco tax increase enacted in 2009 to help fund children’s health insurance (“Big tax increase reduces smoking,” USA Today, Sept. 11).

Cigarette sales dropped by more than 11 percent in the 12 months after the cigarette tax increase, the second-biggest decline ever recorded.

Teen smoking immediately fell 10 percent to 13 percent when the tax hike took effect, according to researchers at the University of Illinois at Chicago.

More than $10 billion in additional tobacco tax revenue was raised in the first year.

Description: In this Friday, May 11, 2012 file photo, Cycling legend and cancer survivor Lance Armstrong attends a rally at a news conference at Children's Hospital in Los Angeles in favor of Proposition 29, a measure on the June 2012 California primary election ballot that would add a $1-per-pack tax on cigarettes. The money raised would go to cancer research projects, smoking-reduction programs and tobacco law enforcement.  (Associated Press)

In this Friday, May 11, 2012 file photo, Cycling legend and cancer survivor Lance Armstrong attends a rally at a news conference at Children’s Hospital in Los Angeles in favor of Proposition 29, a measure on the June 2012 California primary election ballot that would add a $1-per-pack tax on cigarettes. The money raised would go to cancer research projects, smoking-reduction programs and tobacco law enforcement. (Associated Press)

I feel profoundly good about this. I carry the burden of the tobacco industry in my blood. My grandfather was R.J. Reynolds, the founder of the company that bears his name. Smoking killed my father, my brother and other members of my family. I have been a long-time advocate of increasing tobacco taxes because the evidence shows this is one of the most effective ways to reduce smoking and spare many families the tragic consequences.

Tobacco taxes have even greater impact when implemented as part of a comprehensive and sustained strategy to reduce tobacco use. They should be complemented with other proven measures, including strong smoke-free laws, anti-smoking media campaigns, help for smokers who want to quit and restrictions on tobacco marketing.

To continue making progress against tobacco, the United States needs such a comprehensive approach, aggressively implemented by government at all levels.

That is the approach taken by the Obama Administration to reinvigorate the fight against tobacco, starting with the 2009 tobacco tax. The U.S. Food and Drug Administration got regulatory authority over tobacco, health care reform expanded insurance coverage for tobacco cessation, and an unprecedented ad campaign raised awareness of the health risks of tobacco and guided people interested in quitting to a toll-free help line.

Unfortunately, many states have gone in the wrong direction recently. Progress has slowed in enacting tobacco taxes and smoke-free laws, and states have cut funding for prevention and cessation programs by 36 percent. The states get more than $25 billion a year from the tobacco settlement and tobacco taxes, but spend less than 2 percent of it to fight tobacco use. The states must do better.

States that have done the right thing, such as New York, have cut smoking far faster than the nation as a whole. From 2003 to 2011, New York reduced high school smoking by 38 percent, from 20.2 percent to 12.5 percent. In contrast, the national high school smoking rate declined by 17 percent, from 21.9 percent to 18.1 percent. New York similarly reduced adult smoking by more than twice the national decline.

And the evidence shows these efforts not only reduce smoking and save lives, but also save money. A 2011 study found that in the first 10 years of its tobacco prevention and cessation program, the state of Washington saved $5 in tobacco-related hospitalization costs for every $1 spent on the program. A 2008 study put the return on investment from California’s program at nearly 50 to 1. States that shortchange prevention and cessation programs are missing out on a remarkable return on investment.

Obviously, tobacco executives don’t want tobacco tax increases, because they know they work. One argument they make is that tobacco taxes are regressive — that the burden unfairly falls on low-income smokers. That’s chutzpah. The cigarette companies, having targeted low-income Americans and addicted them to tobacco, now argue that a tax increase on their cigarettes is unfair to the poor.

What’s truly regressive is smoking itself. Lower-income communities suffer disproportionately from smoking and tobacco illnesses. If public policies can help poorer Americans to quit, those regressive harms and costs are reduced. The Campaign for Tobacco-Free Kids says the savings for a pack-a-day smoker who quits is profoundly significant, with savings ranging from $1,000 to $2,300 annually, depending on the state.

After seeing the powerful result of the federal tobacco tax increase, elected officials should support higher tobacco taxes. It’s not about economics — it’s about public health. But the economics are pretty excellent, too.

Patrick Reynolds is a grandson of tobacco company founder R.J. Reynolds and executive director of Tobaccofree.org in Los Angeles.

Copyright 2012, Deseret News Publishing Company