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November, 2012:

Tobacco companies want court to toss C$50B lawsuit

http://www.cp24.com/news/tobacco-companies-want-court-to-toss-50b-lawsuit-1.1024474

Tobacco companies want court to toss C$50B lawsuit

The Canadian Press
Published Monday, Nov. 5, 2012 5:12AM EST

TORONTO — Two big foreign-owned tobacco companies will ask Ontario’s top court today to dismiss a C$50-billion lawsuit launched against them by the provincial government.

Lawyers for British American Tobacco and R.J. Reynolds Tobacco Company are also expected to argue that they should not be included in the legal action if the appeal court lets the case proceed.

They say the lawsuit is based on a false theory that the companies conspired in the 1950s to withhold information from Ontario smokers about the harmful and addictive ingredients in cigarettes.

They contend there is no evidence that a conspiracy ever took place or that they specifically targeted Ontario and British American Tobacco notes it did not even exist until 1997.

Ontario launched a lawsuit against 14 tobacco companies in September 2009 in an effort to recoup past and present health-care costs related to smoking.

The province claims the corporations should be on the hook for billions of dollars because they had misrepresented the risks of smoking, did not take steps to reduce the effects and marketed cigarettes towards children and teens.

Last January, a lower court ruled the government had jurisdiction and gave the green light to move ahead with its lawsuit.

But in documents filed to the appeal court, the companies warn the ruling could set a dangerous precedent.

“If it is allowed to stand… jurisdiction can be assumed over any defendant, anywhere in the world, regardless of that defendant’s lack of connection to the facts alleged or to the jurisdiction, simply by asserting bald and vaguely articulated claims that the defendant engaged in an undefined conspiracy that ultimately resulted in harm in Ontario,” wrote lawyers for British American Tobacco.

“Such an approach cannot be correct and is inconsistent with the principles of certainly, order, fairness, and properly restrained jurisdiction.”

Both companies claim the government has also manipulated laws related to smoking to help it with its court action.

“Ontario has unilaterally designed the very legal garb which will determine the locus of the claim and seeks to rely on its statute and pleading as the basis for a real and substantial connection,” according to the documents.

“This is wrong in law. Jurisdiction is determined by the court and not by Ontario…. The courts have a vital ‘gatekeeper’ function and cannot permit the legislature to usurp that role and engage in jurisdiction overreach.”

It also argued that the province’s claims are too vague to proceed.

None of these allegations have been proven in court.

The Ontario government says smoking is the leading cause of premature deaths and illness in the province and costs the health-care system $1.6-billion a year.

Five other provinces — British Columbia, Manitoba, Quebec, New Brunswick and Newfoundland — have all filed similar lawsuits.

In the United States, such lawsuits have resulted in huge out-of-court settlements of at least US$206 billion over 25 years

Read more: http://www.cp24.com/news/tobacco-companies-want-court-to-toss-50b-lawsuit-1.1024474#ixzz2BLOzp9SH

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Child tobacco pickers: TV documentary discovers children as young as 11 working in sweltering conditions – Mirror Online

http://www.mirror.co.uk/news/uk-news/child-tobacco-pickers-tv-documentary-1416350

Shocking TV expose: Scandal of 11 years olds picking tobacco…later sold to a British cigarette giant

4 Nov 2012 12:04

Young kids in Indonesia are working long hours in sweltering conditions to boost a cigarette maker’s profits, TV investigation reveals

Grim pickings: TV probe sees girls of 11 working on tobacco farms

Grim pickings: TV probe sees girls of 11 working on tobacco farms

Channel 4

Children as young as 11 are working for hours on end in sweltering heat with materials that can POISON them.

If it was in the UK there would be an outcry and bosses would be arrested.

The men paying a pittance to hire the youngsters in these pictures are beyond the reach of our laws – in Indonesia.

But their child labour is alleged to be boosting profits of a powerful London-based multinational company, British American Tobacco.

Kids who should rightly be in school are sent out to collect leaves from rows of green tobacco plants.

Painstakingly they have to sort their pickings into piles before the harvest is gathered up by a village buyer who sells them to tobacco giants including BAT.

What the children are not told is handling the plants at such a tender age could play havoc with their health.

Through their palms and fingertips they can absorb nicotine from the leaves resulting in green tobacco sickness (GTS). Symptoms include vomiting, diarrhoea and fainting.

An investigation by TV’s Unreported World to be screened on Friday accuses BAT and others of buying tobacco leaves from farms using child labour.

The Channel 4 programme-makers say of the scandal: “Toxins are absorbed through the skin and workers can suffer acute nicotine poisoning.”

BAT, listed on the London Stock Exchange, produces a wide range of brands including Dunhill, Rothmans, Kent, Lucky Strike and Pall Mall.

Unreported World - Children smoking tobacco

Tar baby: Maulana Susanto, six, started smoking aged two in Indonesia

Channel 4

Now British buyers of its products will be shocked to hear the multinational is allegedly cashing in on child labour.

Unreported World to ok TV cameras to Malang in Indonesia’s East Java province and found two 11-year-old girls, Jum and Mita, sorting tobacco.

Their workmate Supriadi is a boy of 12. He starts picking leaves in the afternoon and works for four hours straight for poison f j just £1.50.

Local tobacco buyer Arifin Peni claimed BAT representatives visit villages throughout the area to inspect crops and try to insure they are sent the best leaves .

BAT said: “We do not employ Children in any of our operations and make it clear to all of our contracted farmers and suppliers that exploitative child labour will not be tolerated.”

But Peni believes there are no checks made on the youngsters working in the fields. He said they are careful about employing young Children “in the factories, yes” but added: “Regulations for Children working here on the farms don’t exist. The regulations are for the warehouse. The factories don’t know about child labour here. Warehouse regulations don’t apply here.

“I buy from farmers and then send it on to the warehouses for a profit.”

As well as the dangers from handling plants, kids in Indonesia can easily pick up heavy smoking habits.

There is no age limit on buying cigarettes and brands are advertised aggressively. Maulana Susanto is only six and has been smoking for FOUR years. The shy lad has recently cut down on his packet-a-day habit but the cigarettes he smokes still have three times the tar yield of the strongest in Britain.

His mum said: “He’s been smoking since he was two. He was on a pack a day. Now he goes to school just one or two cigarettes are enough.

“Yes I want him to stop but nobody comes to help me.”

Unreported World - Children picking tobacco

Graft: Boy of 12 with his ‘toxic’ harvester

Channel 4

Indonesia, the world’s fourth most populous country after China, India and the US with 238 million people, is a huge and fast-growing market for cigars and cigarettes. The tobacco industry provides 10 per cent of national income and 10 million jobs. There are 19 million smokers and 200,000 deaths a year related to it. A senior tobacco industry insider told Unreported World that companies such as BAT appear to aim ads at young adults.

Indonesia is one of only a handful of states that refused to sign the UN Tobacco Control Agreement which restricts the marketing of cigarettes. New health minister Dr Nafsiah Mboi is angry about the damage the tobacco companies are doing to her nation’s population including the impact on child health.

She said: “I think the tobacco industry have used all their skills and resources to get hold of these kids. The number of people who have started smoking between five and nine years of age has increased sevenfold. It is a sin.

“Why are the authorities protecting the tobacco industry when they know so many young kids are victims?”

BAT said: “We are keen to look into this. Despite asking the programme makers several times for precise details of the farm’s location they have refused to tell us exactly where it is.

“We take the issue of child labour extremely seriously and firmly agree that children must never be exploited, exposed to danger or denied education.”

* Unreported World: Indonesia’s Tobacco Children, Channel 4 , 7.30pm, Friday

Policy Recommendations for Tobacco Taxation in the European Union

Download (PDF, 17.12MB)

Hong Kong needs to at least match, then exceed Singapore tobacco retail prices and strive to match Australian retail prices whilst making Big Tobacco pay for the costs of local medical treatment of tobacco related diseases

Drastically Raise Cigarette Prices in Our Next Budget

The Government should raise cigarette prices to RM30 from the current RM10 for a pack of 20 sticks if it is really serious about curbing the smoking scourge.

This is because using “price and tax measures to reduce the demand for tobacco” is one of the most effective ways to reduce cigarette consumption among smokers and deter potential smokers. This measure is recognised by tobacco control experts and also the Parties in the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), of which Malaysia is a Party since 2005.

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(1 Malaysian Ringgit = HK$ 2.54) (Singapore retail price <Marlboro> HK$ 74 per pack.)

The Government should therefore aggressively implement Article Six of the World Health Organization’s Framework Convention on Tobacco Control (FCTC) by proposing a heavy tax on tobacco and its products at the coming National Budget.

At the present Minimum Cigarette Price of RM6.40, it is obvious that cigarettes are comparatively cheaper in Malaysia than countries that have serious anti-smoking measures. If we compare the price of a cigarette pack of 20s of a popular brand in Australia it is equivalent to RM52.00/ HK$ 132;  Norway RM45.00 /HK$ 114 ,  Ireland RM38.00 / HK$ 97, United States RM37.80 / HK$ 96,  United Kingdom RM32-00 / HK$ 81 and Singapore RM29.00 / HK$ 74.
(whereas Hong Kong price is only HK$ 50 per pack)
In a 2008 study, it was found that if taxes were to produce a 40% increase in cigarette price, the prevalence of the U.S. adult smoking would decrease from 21% in 2004 to 15% in 2025.
Closer to home, a country-wide research conducted in 2006 in Thailand to evaluate the impact of tobacco tax increase from 75% to 79%, leading to a 15% increase in price, revealed that 58% of smokers smoked less. Ten percent of the smokers surveyed had actually quit.

According to the Ministry of Health of Malaysia’s 3rd National Health and Morbidity Survey in 2006, there were almost 3 million smokers in Malaysia (made up roughly of 2.8 million adults and 0.2 million minors below 18 years of age).

Malaysia has a smoking prevalence of 23.1% among adults and an extremely high smoking prevalence of 30.9% among boys aged 13-15. Contrast the smoking prevalence in Singapore which has much higher cigarette prices (about RM29.00 / HK$ 74 for 20). Singapore has a smoking prevalence of only 14.3% among adults and an even lower smoking prevalence of only 8% among boys aged 13-15. This clearly shows the effectiveness of high cigarette prices in Singapore in curbing smoking prevalence especially among young people.

To successfully curb smoking, which is a bane to the government in terms of costly treatment of smoking-related diseases and loss of human productivity and resources through diseases and deaths, the way forward is to raise tobacco taxes causing cigarette prices to go beyond the affordability of the youth and the poor, our most vulnerable groups.

CAP also calls for a drastic price increase because gradual price increases over the years may not be as effective. Smokers may initially complain about it but eventually become desensitised to such increases and even rationalize it as inflation. Moreover, if the price increase is gradual, smokers may still able to buy their cigarettes by trimming their personal or family expenditures.
As it is shown in studies in Thailand, Singapore, Canada and the U.S., smokers are likely to discontinue their habit if the MCP is increased drastically such as what the Consumers Association of Penang (CAP) proposed at RM30. Feeding the smoking habit then becomes no longer tenable as the increase is too painful and unsustainable, particularly among the poor and the youth.

It is noticed that in recent weeks, the media has been harping on what is often argued by the tobacco industry that an increase in cigarette price may invite rampant smuggling activities, even more so when Malaysia has such a long coastline of 4,675 km.

Besides strict enforcement of the existing Control of Tobacco Products Regulations, there are ways to curb this scourge such as by “prohibiting or restricting, as appropriate, sales to and/or importations by international travellers of tax- and duty-free tobacco products” as FCTC recommended under Article 6.

Malaysia can remove cigarettes from duty-free list and also limit licensing the sale of cigarettes and tobacco products to only tobacconists. This would mean that the government has a control over the number and distribution of such retail outlets in the country.

The government should also seriously consider introducing mandatory jail sentence for smugglers, dealers, retailers and consumers. Consumers who purchase smuggled cigarettes should also be jailed because they are wilfully abetting dangerous and illegal activities. They are like people who buy stolen goods.

Properties and assets of smugglers and dealers should be seized, not just the consignment of smuggled cigarettes and vehicles. It is because smuggled cigarettes are even more dangerous, often have higher levels of nicotine and tar, and contaminated with lead, cadmium and arsenic.
It is known that cigarette smuggling is popular with criminals in many countries because the penalties are “less severe than [for] other crimes like drug smuggling.” Similarly in Malaysia, there is not much of a detrimental punishment for these smugglers who bring in cigarettes that are known to be filled with saw dust to cut production cost, contaminated with rat droppings and other hazardous chemicals.

CAP therefore calls on the government to drastically raise the price of cigarettes to save the future generations from becoming nicotine addicts, and families and the Government from spending exorbitant amounts to treat smoking-related diseases. The best pre-emptive measure is to increase the price of cigarettes, complemented with other FCTC recommendations.

It is ironical that Malaysia has done so little to fight tobacco consumption as tobacco has nicotine which is five to 10 times more addictive than cocaine or morphine. Smoking is also one of the biggest causes of preventable illness and premature death.

http://www.consumer.org.my/index.php/health/lifestyle/585-drastically-raise-cigarette-prices-in-our-next-budget

Tob Control2006;15:125-130 doi:10.1136/tc.2005.013292  Research paper

Cost of tobacco-related diseases, including passive smoking, in Hong Kong

Results: In the Hong Kong population of 6.5 million in 1998, the annual value of direct medical costs, long term care and productivity loss was US$532 million for active smoking and US$156 million for passive smoking; (total HK$ 5.366 billion) passive smoking accounted for 23% of the total costs. Adding the value of attributable lives lost brought the annual cost to US$9.4 billion (HK$ 73.32 billion).

Conclusion: The health costs of tobacco use are high and represent a net loss to society. Passive smoking increases these costs by at least a quarter. This quantification of the costs of tobacco provides strong motivation for legislative action on smoke-free areas in the Asia Pacific Region and elsewhere. http://tobaccocontrol.bmj.com/content/15/2/125.abstract

(note : this HKU study reflected costs to HK society in 1998 – a new study is underway to compare current costs )

Hong Kong cracks down on cigarette smuggling ring

Search term: http://www.bbc.co.uk/news/world-asia-china-20183182?print=true

Cigarettes were distributed in Hong Kong’s many public housing estates

Customs officials in Hong Kong have cracked down on a smuggling ring that delivered contraband cigarettes to its clients’ homes.

Officers have arrested 119 people and seized 3m untaxed cigarettes, worth almost $1m (£575,000).

The group had turned to home deliveries after a clamp-down on stores selling illicit cigarettes.

It had been handing out fliers in Hong Kong’s public housing estates.

Wan Hing-chuen, a divisional commander at the territory’s Customs and Excise Department, said the operation had been run from a warehouse and distribution centres.

“It’s very easy because in Hong Kong there are so many public housing estates, they just employ a few persons to deliver the leaflets,” he said.

The cigarettes were being sold at less than half the typical retail price.

So far this year Hong Kong customs officers have seized 55 million cigarettes and broken up more than 200 distribution centres.

Under Hong Kong law, people found guilty of buying or selling untaxed cigarettes face a fine of up to HK$1m($130,000, £80,000) and up to two years in prison.

  • From other news sites

·        South China Morning Post* Eviction threat to cigarette smugglers on public housing estates 17 hrs ago

·        Huffington Post 119 Arrested In Illegal Smokes Ring Crackdown 17 hrs ago

·        CNBC Hong Kong arrests 119 in dial-a-smoke crackdown 21 hrs ago

·        Khaleej Times HK arrests cigarettes smugglers 24 hrs ago

INTERGOVERNMENTAL NEGOTIATING BODY ON A PROTOCOL ON ILLICIT TRADE IN TOBACCO PRODUCTS

Download PDF : FCTC_COP_INB-IT5_REC1

New protocol proposed to address illicit trade in tobacco products

‘The Protocol will be submitted for consideration and adoption to the Conference of the Parties to the WHO FCTC in Seoul, Republic of Korea, in November 2012.’

New protocol proposed to address illicit trade in tobacco products

A key moment for global tobacco-control efforts

Note for the media

4 April 2012 | Geneva –After four years of negotiations, the Intergovernmental Negotiating Body (INB), with the participation of over 135 countries, agreed on a text of a Protocol to eliminate illicit trade in tobacco products.

“This is a historic moment for global tobacco-control efforts, as this is the first protocol under the WHO Framework Convention on Tobacco Control (WHO FCTC)”, says Mr Ian Walton-George, Chairman of the INB. “By agreeing to this Protocol, governments have reiterated their commitment to protect public health and tackle illicit trade in tobacco products.”

Combating illicit trade in tobacco

The Protocol sets the rules for combating illicit trade in tobacco products through control of the supply chain. It also establishes what constitutes unlawful conduct and sets out related enforcement and international cooperation measures.

Under the Protocol, the Parties propose to establish a global tracking and tracing system for tobacco products and reached agreement on other measures, such as licensing, liability, enforcement, information-sharing and mutual legal assistance. These measures are designed to counteract and eventually eliminate the illicit trade in tobacco products.

Illicit trade increases the accessibility and affordability of tobacco products, thus contributing to the spread of the tobacco epidemic; it is a global problem with serious consequences for health. It also undermines national economies and the tobacco-control policies of governments. The Protocol builds upon and complements Article 15 of the WHO FCTC.

The Protocol will be submitted for consideration and adoption to the Conference of the Parties to the WHO FCTC in Seoul, Republic of Korea, in November 2012.

Once adopted, it would become the first Protocol to the WHO FCTC, which is itself the first and only global health treaty negotiated under the auspices of WHO. The Protocol will enter into force after 40 ratifications.

It was also agreed that the Secretariat of the WHO FCTC will serve as the Secretariat of the Protocol.

Note to editors

The WHO FCTC was adopted by the World Health Assembly on 21 May 2003 and entered into force on 27 February 2005. It has since become one of the most rapidly and widely embraced treaties in United Nations history, with 174 Parties to date.

The INB was established by the Conference of the Parties in 2007 and has held five sessions since then to complete the negotiations, in addition to extensive inter-sessional work to support those negotiations.

For more information, please contact:

Mr Tarik Jasarevic
Communication Officer
Department of Communications, WHO
Mobile: +41 793 676 214
Telephone: +41 22 791 5099
E-mail: jasarevict@who.int

Taxation (including smuggling control)

http://www.who.int/tobacco/training/success_stories/taxation/en/index.html

Tobacco Free Initiative (TFI)

Taxation (including smuggling control)

Evidence from low-, middle- and high-income countries shows that increase in price of tobacco products is effective in reducing the demand. Higher prices induce tobacco users to quit and prevent other individuals from starting. They also reduce the number of ex-tobacco users who take up tobacco again, and reduce consumption among continuing consumers Children and adolescents are more responsive to price increases than older adults.

Tobacco smuggling has become a critical public health issue because it brings tobacco into markets cheaply, making cigarettes more affordable and thus stimulating consumption. Smuggling control requires a co-ordinated action between different government institutions.

A case study in, Hong Kong on this subject are forthcoming.

Tobacco smuggling

Download PDF : ASH_122