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March, 2016:

Probe on amid stink over smoking-ban checks

Mar 11th, 2016
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http://www.thestandard.com.hk/section-news.php?id=167166&story_id=46263811&d_str=20160311

The Ombudsman will investigate enforcement by the Food and Health Bureau and the Department of Health of the smoking ban in public places.

Its move comes after a barrage of media reports and public complaints over an ineffective government campaign, with critics slamming the ban as practically useless.

The bulk of the complaints center on the failure to deploy plainclothes officers.

Complainants also criticized the failure of certain departments to cooperate with the Tobacco Control Office and support its enforcement actions.

A preliminary inquiry by the Ombudsman found that the bureau and the health department have set up a mechanism to inspect no-smoking areas and conduct prosecutions.

Cooperation with other statutory authorities, including the Food and Environmental Hygiene Department, Leisure and Cultural Services Department, Housing Department and the police have also taken place.

However, the watchdog found that smoking-ban violations at certain spots remain serious, while many locations have turned into persistent black spots, raising questions over the adequacy of the existing mechanism.

“The government’s current tobacco- control policy aims to encourage people to quit smoking and minimize risks posed by second-hand smoke to the public,” Ombudsman Connie Lau Yin-hing said.

“The designation of no-smoking areas is an integral part of that policy. If the purpose of no-smoking areas is defeated by ineffective enforcement, it would mean a failure to discharge the duty of safeguarding public health, and thus it is a disappointment to the public.”

The investigation seeks, among other things, to find out if the mechanism of the bureau and the department for handling smoking offenses is effective. It will also look at how they coordinate their efforts with other statutory authorities in tobacco control and identify areas for improvement and enhancement.

The public have until April 14 to provide their written comments to the Ombudsman.

Smoking blackspots reportedly include restaurants and cooked food centers.

Lion Rock Institute’s Andrew Shuen defames Dr Judith Mackay on RTHK3’s 123 Show

Mar 11th, 2016
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Ombudsman probes mechanism for handling smoking offences

Mar 10th, 2016
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http://www.info.gov.hk/gia/general/201603/10/P201603090732.htm

The following is issued on behalf of the Office of The Ombudsman:

The Ombudsman, Ms Connie Lau, announced today (March 10) a direct investigation into the mechanism of the Food and Health Bureau (FHB) and the Department of Health (DH) for handling smoking offences to examine whether there are any inadequacies.

There have been media reports and public complaints lodged with the Office of The Ombudsman about the Government’s ineffectiveness in combating smoking in prohibited places, rendering the smoking ban in some no-smoking areas practically useless. As a result, the public continue to suffer from the nuisance of second-hand smoke. In a number of complaints, the DH is criticised for failing to respond quickly or deploy plain-clothes officers to conduct inspections. Some complainants are also dissatisfied that other relevant departments have failed to co-operate with the Tobacco Control Office under the DH and support its enforcement actions.

A preliminary inquiry by the Office has revealed that the FHB and the DH, which is under the FHB’s policy overview, have put in place a mechanism for carrying out inspections in no-smoking areas and instituting prosecutions. They have also worked together with other statutory authorities (including the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department, the Housing Department and the Police Force) in tobacco control. However, the violation of the smoking ban in some no-smoking areas remains serious and many locations have become persistent black spots. This situation calls into question the adequacy of the existing mechanism.

Ms Lau said, “The Government’s current tobacco control policy aims at encouraging people to quit smoking and minimising the risks caused by second-hand smoke to the public. The designation of no-smoking areas is an integral part of that policy. If the purpose of no-smoking areas is defeated by ineffective enforcement, it would mean a failure to discharge the duty of safeguarding public health and thus a disappointment to the public.”

The ambit of this direct investigation includes:

(1) whether the mechanism of the FHB and the DH for handling smoking offences is effective;

(2) how the FHB and the DH co-ordinate their efforts with other statutory authorities in tobacco control; and

(3) areas for improvement and enhancement.

The Ombudsman welcomes views from the public on the above subject. Comments in writing should reach the Office of The Ombudsman by April 14, 2016:

Address: 30/F, China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Fax: 2882 8149
Email: complaints@ombudsman.hk
Ends/Thursday, March 10, 2016
Issued at HKT 11:00

Watchdog probes action over smoking-ban breach

Mar 10th, 2016
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http://news.rthk.hk/rthk/en/component/k2/1247567-20160310.htm

The Ombudsman on Thursday launched an investigation into the handling of smoking offences in prohibited areas by the Food and Health Bureau and the Department of Health.

The watchdog said it is aware of media reports and public complaints about ineffective implementation of smoking ban in some places.

The complaints had to do with the Department of Health’s failure to respond quickly or deploy plain-clothes officers to conduct inspections. Other statutory authorities, such as the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department and the police also came under fire for failing to co-operate with the Tobacco Control Office.

As a result, many people continue to be subjected to second-hand smoke.

The Ombudsman, Connie Lau, said the shortcomings call into question the efficiency of the government’s overall tobacco control policy.

Government accused not allocating sufficient resources to enforce smoking ban

Mar 10th, 2016
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http://news.rthk.hk/rthk/en/news-programmes/this-episode.htm?cmsid=78&episode_id=346407&livetime=20160310180000

The Chairman of Clear the Air, James Middleton, has accused the government of not allocating sufficient resources to enforce smoking ban in some places.

He says there is not enough staff to do the job and out of the billions of dollars being collected in tobacco tax, none of it goes towards tobacco control.

Middleton also says the mainland has better laws than Hong Kong on banning smoking.

He tells Ben Tse that when a suggestion was made to the Liquor Licensing Board to strengthen licensing conditions to prevent smoking in places like bars, it refused to do so.

‘No’ to deals with tobacco firms

Mar 9th, 2016
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http://www.europarltv.europa.eu/en/player.aspx?pid=759f7750-600e-45a3-a9c0-a5bf00dfca63

MEPs urge the Commission not to extend an anti-smuggling and anti-counterfeiting deal with Philip Morris International (PMI), saying the focus should instead be on using legislative tools.

This motion has passed clearly.

What we need is track and trace and due diligence, first of all in raw cut tobacco. If we do something at the start of the production chain rather than at the end, we will quickly come to a result. Today, the growing problem of cheap whites requires us to continue to work with our Member States to tackle it. Madame Commissioner, let’s not pretend that the tobacco industry is our friend. It’s an opponent instituting legal proceedings against the tobacco directive. The inquirers had to conclude, and that’s very important, that the cooperation with PMI has not demonstrably benefited public health.

Extending the deal with Philip Morris is like trusting the fight against organised crime to Al Capone.

Cigarettes: MEPs oppose renewing EU anti-smuggling deals with tobacco firms

Mar 9th, 2016
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http://www.europarl.europa.eu/news/en/news-room/20160303IPR16929/Cigarettes-MEPs-oppose-renewing-EU-anti-smuggling-deals-with-tobacco-firms

A majority of MEPs urged the European Commission not to renew an EU anti-smuggling and anti-counterfeiting deal with Philip Morris International (PMI), which expires in July 2016, in a resolution voted on Wednesday. Instead, they ask it to focus on using EU and international legislative tools to combat smuggling.

MEPs note that the PMI deal proved ineffective because although it initially reduced smuggling, a surge in smuggled non-branded “cheap white” cigarettes soon filled the gap.

Under the tobacco deals the four largest tobacco firms together agreed to pay the EU and its member states a total of $2.15 billion, over the lifetime of the agreements, to drop legal proceedings against them to recover duties lost to illegal trade in cigarettes. Companies also agreed actively to combat smuggling and counterfeiting of tobacco products.

MEPs note that illicit trade in tobacco products, and in particular the smuggling of contraband and counterfeit cigarettes, still deprives the EU and its member states of revenue (customs, VAT and excise duties) amounting to more than €10 billion a year.

MEPs also worry that annual payments from the tobacco industry to help fund the European Anti-Fraud Office (OLAF) budget, as mentioned in the tobacco agreements, could lead to a conflict of interest.

Rather than renew the PMI deal, MEPs urge the Commission to focus on implementing the 2014 EU Tobacco Directive, which provides for more effective tools, such as an interoperable tracing and tracking system for the cigarettes at EU level, to take effect in 2019. Member states should also ratify a protocol to the WHO Framework Convention on Tobacco Control (FCTC), which does the same internationally..

MEPs stress that WHO Protocol parties are obliged to protect their public health policies from tobacco industry commercial interests and that no obligation assigned to a party should be delegated to this industry.

To bridge the time gap until all provisions of the Tobacco Products Directive become fully enforceable, MEPs ask the Commission to prepare additional new rules dealing with “cheap white” cigarettes, to track and trace PMI tobacco products and to bring legal action against any illegal seizures of the latter.

Hong Kong Smoking Prevalence

Mar 9th, 2016
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Raising the tobacco purchasing age to 21 in Illinois will save lives

Mar 8th, 2016
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On Thursday, Feb. 18, I stood with fellow health organizations and state Sen. John G. Mulroe as he introduced Senate Bill 3011. Known as Tobacco 21, it would raise the tobacco purchasing age to 21 in Illinois. This bill will save lives and protect taxpayers by saving on health care costs associated with tobacco use. I urge everyone to reach out to your state senators to ask them to vote yes on SB 3011.

Tobacco 21 is backed with scientific evidence. In March 2015, the Institute of Medicine released a study that estimated that raising the tobacco purchasing age to 21 would reduce smoking among 15- to 17-year-olds by 25 percent, and 18- to 20-year-olds by 15 percent. Many thousands of kids will live longer, healthier lives because they will never become addicted to nicotine.

At the press conference, Sen. Mulroe stated, “I feel it is my responsibility and obligation to do what I can to keep cigarettes out of the hands of young people.” As a doctor, I can tell you that no one has ever told me they were glad they started smoking or using tobacco. Now, 18-year-olds still in high school provide direct access to tobacco products for their younger friends. But 15- to 17-year-olds are a lot less likely to have 21-year-olds in their social circle.

Tobacco 21 would also cover the purchasing of e-cigarettes, the health effects of which are unknown.

What we do know is that e-cigarettes produce an aerosol that has nicotine, harmful chemicals and toxins known to cause cancer and other ailments. They are not approved by the FDA as a way to quit smoking. Meanwhile e-cigarette use among youth has tripled in just the past few years.

Tobacco companies know they can never win on health, so they throw out one misleading argument after another. I can tell you that at age 18, the human brain is still maturing, making it even more susceptible to nicotine addiction. Our laws place reasonable age restrictions; drinking, gambling and obtaining a concealed carry license are all reserved for 21-year-olds. Experience has shown that increasing the alcohol purchasing age to 21, for example, resulted in a dramatic reduction in drunk driving fatalities and reduced alcohol consumption among youth. Tobacco purchases should wait until 21 for the same reason: protecting the health of young people and helping them avoid bad decisions that they’ll regret for a lifetime.

Some people suggest that if someone is “old enough to fight for their country,” they should be old enough to buy cigarettes. But, as Sen. Mulroe pointed out, who more than our soldiers do we need to keep healthy? That’s why military personnel younger than 21 already cannot buy or consume liquor.

But whatever their age, soldiers’ health impacts military readiness and national security. Because our soldiers need to be in top physical shape to do their jobs, the U.S. Department of Defense has already committed to making all military bases and posts worldwide tobacco-free by the year 2020. There is nothing patriotic about tobacco use or selling these products to 18- to 20-year-olds

The costs of treating smoking-related illnesses are astronomical. Illinois currently spends US$5.49 billion, US$2 billion of that from the state’s Medicaid program, to treat tobacco related diseases.

The state and federal tax burden in Illinois to treat sick smokers is US$982 per household! Smoking affects all of us, whether we smoke or not!

Support for raising the purchasing age to 21 is spreading nationwide. 75 percent of U.S. adults support raising the smoking age to 21. Hawaii and more than 120 cities nationwide including Boston, Kansas City, New York City, Cleveland and Evanston have similar laws in place.

Please contact your legislator and ask him or her to save lives and lower health care costs in Illinois by supporting Senate Bill 3011, Tobacco 21!

— Dr. Ronald L. Johnson is past president of the Illinois Academy of Family Physicians and a physician at Quincy Medical Group in Quincy.

http://www.sj-r.com/article/20160308/OPINION/160309595/?Start=1

FDA Reveals First Wave of E-Cig, Tobacco Study

Mar 7th, 2016
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Results show little evidence of consistent electronic cigarette use

http://www.cspnet.com/category-news/tobacco/articles/fda-reveals-first-wave-e-cig-tobacco-study

CHICAGO — Last week’s Society for Research on Nicotine and Tobacco Conference included numerous tobacco and nicotine-related presentations, most notably select data from the first wave of the U.S. Food and Drug Administration (FDA) and National Institute of Health’s Population Assessment of Tobacco and Health (PATH) study.

“E-cigs were a big topic in the PATH study, along with many other presentations, as the regulatory and scientific communities try to get a better grasp of the implications from this innovation, Vivien Azer, a tobacco analyst at the New York-based Cowen Group, wrote in a research note.

PATH is a longitudinal study, first mandated in 2011, in order for the FDA to gain a better understanding of tobacco use. About 46,000 U.S. tobacco and nontobacco users participate, all above the age of 12. The first wave of the study began in 2013 and was presented at the conference.

The data suggested regular use of electronic cigarettes is still very low, with just 5.5% of adults and 3.1% of 12- to 17-year-olds having used e-cigs in the past month. Azer added that daily e-cig users make up a very small percentage of these 30-day e-cig users.

“In fact, among current adult e-cig users, more than 40% had only used an e-cig less than three times in the past 30 days,” she said. “We believe [this] points to the continued lack of consumer adoption of the products.”

The data also seemed to dispute claims that e-cigs act as a gateway to other tobacco products, as the majority of e-cig users in the study were already consumers of other tobacco products.

“Overall, 15.9% of adult current e-cig users were nicotine naive,” Azer said. “While a smaller 8.5% of daily e-cig users had not previously used tobacco.”

In terms of flavors in e-cigs and other tobacco products, PATH researchers found the use of flavors was most prominent in e-cig users across the board. For e-cig consumers 25 years and older, 63% reported using flavors, while 85% of e-cig users ages 12 to 17 reported using flavors (though Azer noted this youth group exhibited a strong flavor preference across all tobacco categories).

Azer said the Wave 1 database is currently only available for restricted use, but full dataset will be available later this year. The second wave of data is currently being reviewed, and Wave 3 is 40% complete. PATH researchers announced last week that the study will be extended four years and will now include seven waves, with the final wave set to be completed in 2022.

“We view the extension of the study as a positive (given the agency will take time to evaluate findings from the study and could potentially push back any incremental regulations),” Azer said.

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