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Plain Packaging

Cheaper cigarettes, roll-your-own tobacco slows smoking’s downward spiral

Yesterday morning, Australia’s tobacco industry woke to the latest chapter in the book documenting its inexorable decline.

https://theconversation.com/cheaper-cigarettes-roll-your-own-tobacco-slows-smokings-downward-spiral-78745

The Australian Institute of Health and Welfare released data from its 2016 National Drug Strategy Household Survey, which it has conducted every three years since 1985.

While it was always going to be hard to show even further decline in teenage smoking from what was an already very low level, it’s happened again.

The proportion of teenagers (aged 12-17) who have never smoked more than 100 cigarettes significantly increased between 2013 and 2016, from 95% to 98%. Smoking more than 100 cigarettes in a lifetime has long been used in Australia as a benchmark question to sort curious, experimental smokers from more committed and addicted smokers.

Younger people also continued to delay when they first smoked their first full cigarette. This increased in the 14 to 24-year-olds from 14.2 years in 1995 to 16.3 in 2016 (a statistically significant increase from 15.9 years in 2013).

Catch ‘em young

The tobacco industry knows it needs to attract and addict new consumers to replace those who stop smoking through quitting and death. As a 1981 report sent to the then vice-president of research and development at Philip Morris put it:

Younger adult smokers are the only source of replacement smokers … If younger adults turn away from smoking, the industry must decline, just as a population which does not give birth will eventually dwindle.

Australia’s plain packaging legislation, implemented in December 2012, was aimed at reducing teenage Australians taking up smoking. As the health minister who introduced it, Nicola Roxon emphasised in April 2010 when announcing the policy:

We’re targeting people who have not yet started, and that’s the key to this plain packaging announcement – to make sure we make it less attractive for people to experiment with tobacco in the first place.

As Australian young people have turned away from smoking, the tobacco industry is left scrambling for new ways to addict young customers to nicotine.

Total smoking levels remain level

The proportion of people of all ages who smoke was also not good news for the tobacco industry.

The percentage of people aged 14 and over who smoke daily is down from 12.8% in 2013 to 12.2% in 2016. While any decline is welcome, this was less than it should have been, and the first time in two decades that a statistically significant fall was not recorded.

There are several factors likely to be responsible for the previously brake-less downward slide in smoking.

Long-time campaigners Mike Daube and Todd Harper have set out nine strategies the Australian tobacco industry has used so it can keep earning from the deaths of two in three Australian smokers likely to die from using their products.

Two critical factors here are price discounting and the dramatic rise of roll-your-own tobacco.

How price discounting works

Plain packaging means brand differentiation is gone as all packs look the same, except for the written brand name. So, the ability of branding to convince gullible smokers that premium (expensive) brands are somehow “better” and worth spending more on than cheaper, budget brands goes out the window.

After plain packaging was introduced, there was an industry-wide decision to cut prices to compete with lower priced brands for market share. There were large tobacco tax rises in the run-up to plain packs being introduced (25% in 2010) and a further 12.5% each year from 2013 to 2016.

Again, the tobacco companies cut their margins by desperately trying to keep some brands below A$20 a pack, a price known to trigger quitting.

These practices may see renewed interest in floor pricing of tobacco products, when a price is set below which a product cannot be sold.

Rise in roll-your-own tobacco

Tobacco companies have also aggressively pushed cheaper roll-your-own tobacco by introducing loose tobacco with cigarette brand names. The tax in roll-your-own tobacco will rise from September 2017, which may see a further round of price discounting to try and stop people quitting.

The use of roll-your-own cigarettes has gone from 26% of smokers in 2007, to 33% in 2013 and to 36% in 2016. Lower price is one factor driving this, but so too are the quite erroneous beliefs that roll-your-own tobacco somehow contains fewer additives and is less harmful, an issue I will explore in my next column.

The increase in roll-your-own cigarettes since 2007 has been largest among smokers aged under 40 (increase of 82% for young adults and 70% for smokers in their 30s between 2007 and 2016). Between 2013 and 2016 roll-your-own use in smokers in their 30s jumped from 29% to 37%.

National campaign wheels fallen off

Sustained and adequately funded mass media campaigns are a vital component of strategies health authorities recommended to change health behaviours, like smoking.

And with smoking, one of the most obvious pieces of evidence comes from ex-smokers about why they stopped smoking. There are light-years between the answer that has always been given (concern about health) and everything else (cost, social unacceptability, pregnancy etc).

In this study of smokers in 20 US communities, 91.6% of ex-smokers nominated “concern for your own current or future health” as why they quit compared with 46.5% who nominated “pressure from family, friends or co-workers”.

Without large scale, on-going campaigns that reach large proportions of the population with unforgettable, motivating information about why smoking is so harmful, the core driver of quitting and not starting smoking may wane.

Regrettably, Australia’s world famous national tobacco campaign that started in 1997 and has been used by many other countries, has been mothballed since 2013 when the Coalition government took office.

Smokers still get sporadic small bursts of quit smoking ads on television in some states from state health departments. But they are not getting a fraction of the highly motivating exposures that were a big part of our earlier rapid declines. This absence is almost certainly a major factor explaining the slow down in people quitting smoking.

E-cigarettes

The latest stats show that while around 31% of smokers (ie 3.8% of the 14+ population) had ever tried e-cigarettes, 20% seemed to have done so out of curiosity (once or twice) with only 4.4% currently using them (the remaining 6.8% no longer use them). Just 1.5% of smokers were using e-cigarettes daily (0.8% of ex-smokers and 0.2% of never smokers).

There’s no evidence from these very small numbers that e-cigarette use is contributing to falling smoking in Australia.

Many are concerned that the tobacco industry (which has bought into vapourisers big time) has a business plan to have smokers vape and smoke, not vape instead of smoking. If that plays out, increases in vaping may in fact act to further slow people from quitting smoking. The next few years will provide important information on this important issue.

Hong Kong must adopt plain tobacco packaging, say health advocates

Three-quarters of Hongkongers support restrictions on logos, colours and brand images on cigarette and other tobacco product packs in a bid to further reduce smoking

http://www.scmp.com/lifestyle/health-beauty/article/1959203/hong-kong-must-adopt-plain-tobacco-packaging-say-health

We’ve all chosen products purely based on packaging – a bag of chips at the supermarket, a novel at the bookstore, a photo of a dish on a menu. Even when dealing with people, we tend to let first impressions guide our future interactions with them.

The power of packaging to directly influence one’s perception of something or someone is so strong that it’s no surprise the World Health Organisation advocates plain packaging for tobacco products, which kill almost six million people every year.

Momentum for plain packaging has steadily gained in the past few years, starting with Australia’s implemention in December 2012, and now the measure looks to be gaining traction worldwide.

“We’re beginning to see the globalisation of plain packaging,” says Benn McGrady, a legal adviser to the WHO’s Framework Convention on Tobacco Control.

Plain packaging of tobacco products restricts or prohibits the use of logos, colours, brand images and promotional information on packaging other than brand and product names displayed in a standard colour and font style.

Earlier this month on May 20, France and Britain each began implementation of plain packaging. Ireland is also preparing to introduce the measure this year; Hungary and Norway are in the process of developing laws to implement plain packaging; Singapore is undertaking a public consultation with a view to introducing plain packaging; and several other countries, including New Zealand, South Africa and Turkey, have either expressed an intent to implement the measure or are in the policy development process.

Will Hong Kong be next? Antonio Kwong, chairman of the Council on Smoking and Health (Cosh), says Cosh has been advocating the government implement plain packaging since 2012.

About three-quarters of Hongkongers have expressed support for plain packaging, Kwong says, citing results from the 2015 Tobacco Control Policy-related Survey commissioned by Cosh and conducted by Hong Kong University’s School of Public Health to collect public opinion towards current and future tobacco control policies.

“In view of the global successful examples and WHO’s appeal, Cosh recommends the government to actively consider adopting plain packaging in two to three years,” says Kwong.

The WHO is stepping up its drive for plain packaging by making it the theme of this year’s World No Tobacco Day, held annually on May 31 since 1988. WHO has launched a new 86-page guide to plain packaging of tobacco products, which gives governments the latest evidence and guidance on implementing the measure.

“Plain packaging reduces the attractiveness of tobacco products. It kills the glamour, which is appropriate for a product that kills people,” says WHO director-general Dr Margaret Chan, a former Hong Kong director of health. “It restricts tobacco advertising and promotion. It limits misleading packaging and labelling. And it increases the effectiveness of health warnings.”

McGrady says there’s a “strong evidence base” supporting the implementation of plain packaging, including more than 80 peer-reviewed empirical studies, three systematic reviews of the evidence, and an official post-implementation review from Australia.

“As a whole, this body of evidence points in one direction, which says plain packaging is an effective public health intervention,” says McGrady.

Smoking prevalence has been steadily declining in Australia for years and, even if plain packaging hadn’t been introduced the rate, was projected to be 17.77 per cent among those aged 14 and older in 2015. However, research shows that between December 2012 and September 2015, there was an additional 0.55 percentage point fall in smoking prevalence attributable to the packaging changes – meaning a 17.21 per cent prevalence – McGrady says.

This equates to more than 108,000 fewer smokers in Australia as a consequence of plain packaging – a “very big” number, says McGrady. “Plain packaging has decreased tobacco use in Australia beyond trend; it has increased the speed of the downward trajectory.”

Tobacco packs act as a prominent form of tobacco advertising and promotion, not only at the point of sale, but also after, says the WHO report. Tobacco products are “badge products”, meaning they have a high degree of social visibility and that consumers identify with the brand image cultivated on product packaging.

“As internal tobacco industry documents recognise, packaging plays an increasingly important role in promoting tobacco products as other restrictions on tobacco advertising and promotion are tightened,” the report says.

In the evidence gathered in the report, studies show that packaging – in particular colour – affects consumers’ perceptions of risk. Early evidence of this can be found in internal tobacco industry documents released to the public through litigation, the report says.

For example, a 1990 tobacco industry document recognised that so-called “lower delivery products” were featured in lighter packs because they have a clean healthy connotation. Other studies tested consumer reactions to ultra-light products packaged in different colour packs. Consumers ranked the perceived tar level of products in different colour packs and commented on factors such as the harshness and strength of the flavour of different colour packs with otherwise identical products inside them.

There’s also evidence that plain packaging influences the intention and increases the urgency of smokers to quit. It also reduces active smoking and the display of tobacco packs in outdoor settings.

Plain packaging also prevents misleading packaging, the report says, such as labels like “light”and “mild”, which suggest products are less harmful to health than regular brand variants when this is not the case. Rather, consumers compensate for the lower tar and nicotine yields in these products, including by smoking more of a cigarette and taking deeper puffs.

With all this compelling evidence, why aren’t more governments rushing to implement plain packaging?

“I think the resistance to tobacco control and plain packaging are driven by the tobacco industry using its deep pockets to oppose implementation of good public health policies. It’s political; it’s nothing to do with evidence or public policy,” says McGrady. “That’s what’s slowing down tobacco control globally.”

Tobacco industry opposition to plain packaging dates back more than 20 years, McGrady says. Most recently the world’s top four tobacco companies challenged Britain’s new plain packaging law, arguing that it unlawfully took away their intellectual property. The High Court struck down the challenge and the law came into effect on May 20.

“It is wrong to view this issue purely in monetised terms,” the ruling said. “There is a significant moral angle embedded in the regulations, which is about saving children from a lifetime of addiction, and children and adults from premature death and related suffering and disease.”

One person dies from a tobacco-caused disease approximately every six seconds according to the WHO. Annual deaths are forecast to rise from 6 million to more than 8 million by 2030.

In Hong Kong, the prevalence of daily cigarette smokers among persons aged 15 and over has decreased steadily from 23.3 per cent in 1982 to 10.5 per cent in 2015 (except for years from 2000 to 2002). Still, a Chinese University study last year found that smoking costs the city HK$11.3 billion each year, in health care expenses and productivity losses related to tobacco.

The WHO recommends implementing plain packaging as part of a comprehensive approach to tobacco control that includes large graphic health warnings and comprehensive bans on tobacco advertising, promotion and sponsorship.

Says Kwong: “Through the implementation of a comprehensive and multipronged strategy, including a policy of long-term tobacco tax increases to reduce affordability, expansion of statutory no-smoking areas, restriction of tobacco promotion and packaging, the banning of tobacco product displays at points of sale, raising the minimum age to buy cigarettes to 21, increasing resources for smoking cessation services, strengthening smoke-free education and promotion, placing responsibility on venue managers for smoking offences in their premises etc, we hope the smoking prevalence will drop to below 5 per cent in the near future.”

Big Tobacco is losing the fight to stop plain packaging of cigarettes

Dr Enrico Bonadio, a Senior Lecturer in the City Law School, says the tobacco industry’s bid to avoid plain packaging by relying on legal arguments around trade and intellectual property rights, is being systematically dismissed by courts around the world.

https://www.city.ac.uk/news/2017/may/big-tobacco-is-losing-the-fight-to-stop-plain-packaging-of-cigarettes

You may already have seen the tobacco packs currently sold in the UK: a dark, murky green colour with large graphic health-warning images and scary messages aimed at informing current and potential smokers about the devastating consequences of tobacco consumption. They have no colourful logos, with the brand name just displayed in small characters in a standard font.

These packs are now required by new regulations which entered into force in May 2016. There has been a one-year transitional period for the sell-through of old stock – and from May 20 2017 all tobacco products on sale in the UK must comply with the new rules.

The legislative move has been recommended to all countries by the World Health Organisation to reduce the attractiveness of smoking and eventually reduce consumption. Australia was the first country to introduce such strict packaging requirements in December 2012. France and, of course, the UK have since followed suit.

It follows significant research that shows these new standardised cigarette packs are much less appealing to consumers – and young people especially.
The industry’s legal defeats

No wonder tobacco companies have challenged the measure in the courts. They have argued that it is useless, too harsh – and is an infringement of their fundamental and intellectual property rights, especially trademarks. Yet, their claims are based on weak arguments and have been rejected by both the High Court of England and Wales and the Court of Appeal.

The tobacco industry has faced numerous courtroom defeats of late. Last year Uruguay won a landmark case against the Swiss giant Philip Morris International. The company had sued the Latin American state after it introduced two measures affecting tobacco packaging and trademarks. These were mandatory graphic health warnings covering 80% of cigarette packets (a measure very close to plain packaging) and the obligation for tobacco companies to adopt a single presentation for their brands, dropping for example the “gold” and “blue” descriptors, that could lead smokers to believe one variant was safer than another.

The fact that the courts sided with Uruguay would have been encouraging to other countries aiming to introduce controls on tobacco packaging. And even greater encouragement came recently from a World Trade Organisation ruling which deemed that the plain packaging requirements introduced by Australia as compliant with international trade and intellectual property rules – and are therefore a legitimate public health measure.

The decision has not been officially announced, but a confidential draft of the interim ruling was leaked to the media and the final decision is expected later this year. The Australian measure had been challenged at the WTO tribunal by Cuba, Dominican Republic, Indonesia and Honduras, countries whose economies strongly rely on the tobacco industry.

A domino effect

This is a blow to the industry. The short-term consequences of the WTO ruling – Imperial Tobacco’s shares fell more than 2% after the decision was leaked – reflects the longer-term danger that this ruling poses. It will likely convince other states to introduce plain packaging legislation without fear of violating international trade and intellectual property laws. It basically gives them a green light by removing the regulatory chilling effect that such legal action has produced on countries that wanted to follow Australia’s example.

After all, more and more countries seem interested in adopting standardised packaging. As well as France and the UK, Ireland and Norway will introduce packaging restrictions later in 2017, and Hungary in 2018. Many other states are debating similar measures, including New Zealand, Canada, Belgium, Slovenia, Belgium, Singapore and Thailand.

So, a legislative trend has started which aims to restrict the ability of tobacco manufacturers to make their products appealing to consumers by using eye-catching words, logos or ornamental features on the pack. And attempts by Big Tobacco to stop it by relying on legal arguments around trade and intellectual property rights are being systematically dismissed by courts around the world.

Ultimately, the industry needs to accept the fact that its ability to use fancy brands, especially on packaging, may be reduced by governments for public health reasons. Also that a company’s property rights are not absolute or untouchable. Not only does it not have enough legal basis – as has now been confirmed by several courts and tribunals – but it also disregards legitimate policies adopted by democratically elected governments.

Cigarette plain packaging is here – but a tobacco-free society looks a long way off

The UK has, almost, led the world when it comes to tackling one of the tobacco industry’s leading promotional tools.

https://inews.co.uk/essentials/news/health/cigarette-plain-packaging-tobacco-rules-introduced/

 

Australia was the first country to require cigarettes to be sold in plain, standardised packaging in December 2012. The United Kingdom became the second to pass similar legislation, on 20 May last year, with Ireland and France following suit.

Companies had a year’s grace period where they could get rid of old stock that no longer complied with the rules. The new legislation means all wording on cigarette packs must be confined to a uniform size and designed on a muddy green background. There is to be no misleading information such as “low tar” or “organic”, and a ban on flavoured cigarettes and flavoured rolling tobacco

In the UK, standardised packaging was introduced in addition to implementation of the revised EU Tobacco Products Directive (TPD). The UK’s legislation goes further than the EU requires on tobacco taxes, on advertising and on packaging and labelling – a case of the UK leading the continent rather than the other way around. This is one area of public health, at least, that Brexit will not effect.

“This is a measure the UK led Europe in introducing and the legislation was passed with strong cross party political support,” Deborah Arnott, chief executive of health charity Action on Smoking and Health (ASH), told i: “It therefore seems highly improbable if not impossible that any incoming government would see fit to reintroduce brightly coloured and glitzy branding on cigarette packs.”

As far as what impact the measures will have, Ms Arnott says it is “too soon to tell” for the UK. “The impact was always expected to be longer-term as young people today have grown up with the glitzy packaging, but the evidence from Australia is that we can expect to see an increase in attempts to quit and decrease in smoking prevalence before too long.”

£2,000 a year

Cancer Research UK (CRUK) estimates that the average smoker will still spend more than £2,000 each year on tobacco, enough to fill a family’s food trolley for six months, buy a pair of Premier League season tickets, or even take the kids to Disneyland, the charity says. It believes price – new ‘minimum duty’ means cigarettes can not be sold for less than £8.82 – is one of the biggest deterrents to smoking and that the higher the price of a pack, the more people will quit.

Alison Cox, CRUK’s director of prevention, said: “Smoking is still the single largest preventable cause of death in the UK and kills around 96,000 people every year – this cannot continue. For decades the tobacco industry has got away with promoting their products in slickly designed packaging, which distracts from the true lethal and addictive nature of the contents.”

She said the full introduction of the new rules over the weekend “marks a momentous victory in the battle for a tobacco free future”.

She added: “Standardised packs will help protect the next generation from an addiction that kills around half of all regular smokers. But there’s still a lot more to do – there is a real opportunity for the next government to help the UK’s 9 million smokers quit for good.”

Big tobacco has already tried to get around the rules. The maker of Marlboro cigarettes had been by selling branded durable tins that look just like ordinary cigarette packets – taking advantage of the grace period. in the run-up to the change, Philip Morris distributed tin containers, the same size as a 10-pack of cigarettes, to shops around the country, including big chains such as Sainsbury’s, Londis and Budgens, with the apparent aim to allow consumers to use the tins as refills.

Plain packaging campaigner Alex Cunningham, the Labour MP for Stockton North said that the move was an “immature trick” and an attempt by the company to “retain” its branding. “I hope people will soon put them into their bins and they’ll find their way to the recycling centre,” he said.

‘This will save lives’

Smoking remains a leading cause of preventable death in the UK, accounting for around 80,000 deaths a year in England alone. The British Medical Association (BMA), which has lobbied in favour of standardised packaging for many years, said the new regulations are “a significant step forward and will save lives.”.

Professor Parveen Kumar, BMA board of science chair, said: “We know that children who recognise brand images including packaging, are far more likely to start smoking. Standardised packaging will help to eradicate this marketing power for tobacco companies, and will increase the impact of health warnings.

“We must not stop there though. Doctors want to see a tobacco-free society by 2035, and the BMA is calling on the next government to introduce a new ‘Tobacco Control Plan’, replacing the current, outdated strategy on smoking, and a ‘polluter pays’ levy on tobacco companies. This would generate funding to support smoking cessation programmes, and would see many more smokers kicking the habit.”

Brands Test Limits as UK Introduces Plain Tobacco Packaging

The UK is now the second country in the world and the first in Europe to require cigarettes to be sold in plain, standardized packaging, following the lead of Australia, which implemented the first such measure in December 2012.

http://brandchannel.com/2017/05/22/uk-tobacco-plain-packaging-052217/

In May 2016, new EU legislation dictated how tobacco products are manufactured, produced and sold across Europe. The revised rules, called the Tobacco Products Directive, banned certain products from sale such as flavored cigarettes (except menthol). Retailers were given 12 months, until May 20th, to sell old products and comply with the new laws, or face stiff fines or criminal prosecution.

In tandem with the new EU rules taking effect, the UK government’s plain packaging legislation came into force, introducing standardized packaging of tobacco products to limit the impact of logos, colors, brand images or promotional information on packaging other than brand names and product names that are displayed in a standard colour and typeface.

Standardised packaging design, including; shape, size, material and opening mechanisms. The UK’s Standardised Packaging Regulations aim to unify (and not make stand out) the material, size, shape and opening mechanisms of tobacco packaging; create a drab, off-putting color (a sickly brownish green) of tobacco packaging, as well as standarized font, size and positioning of text.

No glossy finishes to catch the light now; the tobacco packs come with a matt finish. Prices aren’t printed on the packaging, but health care warnings have increased in size with graphic images depicting the adverse health impact of smoking. Text is only in Helvetica font, with no logo or typeface of a brand name or variety name permitted.

Failure to comply with retailer guidelines for selling e-cigarettes and tobacco products may result in a three month custodial sentence, a fine, or both, following a summary conviction.

Health groups have welcomed the measure and are hopeful as new smoker numbers continue to decline in the UK with about 17% of the UK adult population currently smokers. Smoking advocates decry the move as an anti-choice effort by a nanny state that “infantilise” consumers and will make no difference to public health. Smokers’ rights group Forest also told the BBC that the new rules “treat adults like naughty children.”

No matter: they’re stuck with the compulsory standardised packaging with larger, health warnings on two-thirds of the front and back of any packet is “the ugliest colour in the world.”

Hazel Cheeseman, a member of ASH (Action on Smoking and Health), told the BBC that the packaging itself has been shown to be a “form of advertising” that cigarette companies call “their silent salesman. Branding and advertising is one of the things that helps to recruit young people into smoking. So removing the branding features, making the health warnings bigger and more prominent, is intended to protect young people from taking up smoking in the future.”

Two-thirds of smokers start before age 18, according to Cancer Research UK, so the organization supports removing branding from cigarette packs in order to reduce their attractiveness to children. Research has shown that young people are attracted to the color and design of cigarette packs.

Scotland was the first country in the UK to support plain packaging for tobacco products in a change that could lead to 300,000 fewer smokers in the UK over the next year.

Testing the legislation, Marlboro-maker Philip Morris introduced durable tins that look like ordinary cigarette packets. The tins, available at chains including Sainsbury’s, Londis and Budgens, sport Marlboro’s logo and distinctive branding, the required deterrent photos and the warning message, “Smoking kills.” No chance they’d get away with that, the Guardian reports.

“Research shows that packs of 10 appeal to young people and the price conscious,” said Karen Reeves-Evans, of the Tobacco Control Research Group at the University of Bath. “By offering packs of 10 in reusable tins, Philip Morris International is knowingly increasing the lifespan of packs of 10 and promoting its brand, if smokers decant their cigarettes into these small branded tins. The fact that these tins appeared almost immediately prior to the branding and size restrictions coming into force is suspicious.”

Alex Cunningham, Labour MP for Stockton North added, “It’s against the whole spirit of what’s intended with the plain packaging legislation. The tobacco companies will stop at nothing in order to retain their branding and sell a product that everyone knows has such tremendous health risks. It’s an immature trick and I hope people will soon put them into their bins and they’ll find their way to the recycling centre.”

Philip Morris rival JTI Gallaher also issued aluminum tins for its Benson & Hedges, Mayfair and Camel brands in the run-up to the plain packaging laws, described by Ireland’s former health minister James Reilly as “extremely cynical.”

As tobacco brands and activists balk at the changes, Alison Cox, Cancer Research UK’s director of prevention, told the Guardian that “Today marks a momentous victory in the battle for a tobacco free future. Standardised packs will help protect the next generation from an addiction that kills around half of all regular smokers.”

What’s keeping Indonesia, China addicted to smoking?

A World Trade Organisation ruling backing Australia’s hard line on cigarette packaging highlights a gulf between Asia and much of the rest of the world

http://www.scmp.com/week-asia/society/article/2094162/whats-keeping-indonesia-china-addicted-smoking

It was during a trip to Egypt in 1995 when Edison Siahaan first felt that something wasn’t quite right with his throat. Four decades had gone by since he started smoking at the age of 15. His voice had been raspy for years. Maybe this was just the dry air tickling the back of his throat.

But it wasn’t dry air and it wasn’t a tickle. It was cancer. Doctors excised a portion of his trachea leaving a hole the size of a nickel at the base of the throat. He lost his bank job because for a year following the surgery he couldn’t speak. Even now, what passes for speech makes him sound like the emperor from Star Wars only with more hissing. Now 79, Siahaan, a kindly old gent with a full head of hair, is tough to look at. “I see kids smoking all the time here,” he says, gesturing back and forth along the length of the street from his front room. “It makes me sick to think they are going to ruin their life. I point at this hole in my throat and say to them: do you want to look like this?”

Asian men already account for the lion’s share of the world’s tobacco related illnesses, yet a World Trade Organisation ruling this week that upheld tough anti-smoking rules introduced in Australia in 2012, showed that if anything, the gap in attitudes between Asia and the rest of the world may be widening.

“Tobacco in China is absolutely devastating,” says Dr Angela Pratt who helps handle external relations at the World Health Organisation’s office for the Western Pacific in Manila.

In China, roughly 300 million people smoke, according to the WHO. Most of these are men. More than half of Chinese adults are smokers and two-thirds of young Chinese men start smoking. While smoking rates are steady, the absolute number of smokers is rising in line with population growth. Chinese smokers account for 44 per cent of all the cigarettes puffed in the world. At current rates 200 million Chinese will die this century from tobacco-related illnesses, Pratt says. “That’s a huge burden. The people afflicted are often the sole income earners,” she says.

This week, the WTO ruled that Australia’s plain packaging rules, which ban branding and distinctive colouring from packs of cigarettes, were a legitimate public health measure. The ruling knocked back a complaint from Indonesia, Cuba, Honduras and the Dominican Republic, who said the rule amounted to an illegal trade barrier. As the former chief of staff to the Australian health minister who introduced the plain packaging measures, Nicola Roxon, Pratt helped develop the policy, bulletproofing it from court challenges from tobacco companies and governments.

“We were proud to be taking on plain packaging,” Pratt recalls. “But we wanted to be sure to be able to defend it.”

Together with graphic warnings and taxes that will push cigarettes up to A$40 (HK$230) per pack by 2020, the measure is credited with accelerating the fall in Australia’s smoking rate. The most recent figures show about 13 per cent of Australian adults smoke and less than five per cent of school children. A dozen countries, from Canada to Chile and Britain to Uruguay are either introducing similar rules or seriously considering them.

At the other extreme is Indonesia. The most recent figures, which date back to 2013, show 240,000 Indonesians die every year from tobacco related illnesses. Two-thirds of Indonesian men and boys, over the age of 15, smoke, according to the Ministry of Health.

Most troubling are the numbers of new young smokers throughout the archipelago, says Dr Widyastuti Soerojo, chair of the tobacco control unit at the Indonesian Public Health Association. She says some 16 million Indonesian youngsters between the ages of 10 and 19 experiment with smoking every year – a rate of about 44,000 every day.

Indonesia is among the few countries that are not signatories to the United Nation’s Framework Convention on Tobacco Control, which among other things aims to curb the appeal of smoking for children.

Indonesia television and billboards feature handsome intrepid men jumping out of planes or into business meetings. Roadside kiosks individually sell clove cigarettes, known as kretek, for as little as 10 US cents each.

Governments in Jakarta and local governments in vote-rich provinces, such as Central Java and East Java, fend off calls for more curbs on smoking saying they provide badly needed jobs to rural families.

But mechanisation and growing taste for machine-made cancer sticks rather than hand-rolled types, belie that argument. Tobacco accounts for about half of one per cent of all jobs in Indonesia, according to the Southeast Asia Tobacco Control Alliance. Campaigners are quick to point out the country’s richest families have tobacco to thank.

The Hartonos, Indonesia’s richest family and worth US$17 billion, own kretek maker Djarum.

Indonesian cigarette sales totaled US$16 billion in 2015. Sampoerna, which is more than 90 per cent owned by Philip Morris, is Indonesia’s most valuable company.

“The government treats tobacco like it’s a normal industry but really this is neocolonialism by tobacco companies,” Dr Soerojo says.

In China, the culprit for health advocates is the China National Tobacco Corporation, which controls more than 98 per cent of the local market. Implementation of the UN tobacco convention falls to the Ministry of Industry, which is also home to the body that owns China Tobacco. “A parallel would be, back when I was with the health ministry, meetings were chaired by a representative of Philip Morris,” Pratt said. “There’s plenty of room for conflict of interest.”

Still, there’s progress. Beijing, Shanghai and Shenzhen, with a combined population of more than 60 million, have banned smoking in public areas. China hiked taxes on cigarettes in 2015. The move resulted in a 20 per cent jump in the retail prices of the cheapest brands. Owing to its massive market, that move alone resulted in a more than 2 per cent drop in world tobacco consumption in 2016.

In Indonesia, smoking is banned in most public spaces but enforcement peters out the further one travels from the centre of Jakarta. Indonesia introduced graphic warnings on packaging in 2012 and hiked excise taxes on cigarettes by 15 per cent in 2016. Even so, additional hikes for this year were scotched. Glimmers of light are on the horizon, says WHO’s Pratt, but plain packaging is still “a long way off”.

For Siahaan, his government’s halting go-slow approach is proof that cigarettes are insidious, and for him, more ruinous than narcotics. “At least with drugs you can get help,” he gasps. “For cigarettes, you see them everywhere.”

Tobacco firms denied plain pack appeal

The UK supreme court has made a final decision, denying tobacco firms permission to appeal against plain packaging.

http://www.packagingnews.co.uk/news/markets/tobacco/tobacco-firms-denied-plain-pack-appeal-12-04-2017

The decision means that all cigarettes sold in the UK after 20 May must come in the standardised packaging that’s been increasingly appearing in shops during the trial period over the last year.

There will also no longer be packs of 10 cigarettes available in a move designed to deter young people from taking up smoking. For the same reason menthol cigarettes are being phased out but more gradually. They will disappear from shelves by May 2020.

Last November, British American Tobacco, Imperial Brands, Japan Tobacco International (JTI) and Philip Morris International went to the supreme court after the court of appeal claiming that the plain pack law would infringe their human and intellectual property rights but he appeal was rejected.

Any hopes the companies might have had that there was still a slim chance a challenge could be mounted will have been dashed by the final ruling.

The health secretary, Jeremy Hunt, welcomed the supreme court’s decision, saying: “Standardised packaging will cut smoking rates and reduce suffering, disease and avoidable deaths.”

Cigarettes and tobacco: what are the new rules and regulations?

The new rules have been made under new European Union law called the Tobacco Products Directive.

https://inews.co.uk/essentials/news/health/cigarettes-tobacco-new-rules-regulations/

Technically, the law came into force on 20 May last year, but companies were given a 12-month grace period to sell their old packs and bring in standardised packaging.

From next month, all tobacco must be packaged in drab, dark brown packs with no graphic branding.

standardised-packaging

The new packs are the same shape, size and colour, with two thirds of the front and back surfaces covered by pictorial health warnings, and written warnings on the sides.

From 21 May this year, anyone caught selling non-plain packs will face severe penalties.

Smokers will also no longer be able to buy smaller packs of cigarettes and rolling tobacco while menthols will be phased out completely by May 2020.

At the moment, rolling tobacco comes in 10g and 20g packets – but soon 30g will be the smallest size.

The ban includes some flavoured tobacco and cigarettes – including fruit, spice, herbs, alcohol, candy and vanilla.

There are also internal packaging requirements as well as rules for individual cigarette sticks. All other trademarks, logos, colour schemes and promotional images are prohibited.

Cost of cigarettes

A pack of cigarettes is now at least £8.81, which campaigners say is a key factor in making people quit smoking.

Action on Smoking and Health believe that removing the packet of ten cigarettes this means people will have to find that extra money for a packet.

“It will hit poorer and younger smokers harder who are more likely to buy smaller packs,” a spokesperson said.

Smokers’ rights group Forest said the new rules “treat adults like children and teenagers like idiots”.

New vaping laws will also come into force next month restricting sale of e-liquids and e-cigarettes.

Among the rules are: refillable tanks must have a capacity of no more than 2ml, e-liquids can not be sold in quantities greater than 10ml and e-liquid packaging must be child-resistant and tamper evident.

 

What the new tobacco and cigarette packaging laws mean

Ten packs and smaller tobacco bags are out, while standard plain covers are in

http://www.theweek.co.uk/83551/what-the-new-tobacco-and-cigarette-packaging-laws-mean

New laws that standardise the appearance of tobacco packets and limit the range of products on offer come into force next month after a bid to halt the legislation was thrown out by the Supreme Court.

What was the Supreme Court ruling about?

Four tobacco giants took legal action in a last-ditch attempt to stop the introduction of mandatory plain packaging on cigarettes sold in the UK.

They argued the law would infringe their human and intellectual property rights by making their products indistinguishable. In addition, they also questioned evidence that plain packaging would deter smokers.

However, Judge Nicholas Green, who heard the original application for a judicial review of the 2015 legislation, ruled the regulations “were lawful when they were promulgated by parliament and they are lawful now in the light of the most up-to-date evidence”.

What happens on 21 May?

All cigarette packets will come in a single shade of “opaque couche” – a muddy green which The Sun describes as “the world’s ugliest colour”.

Brand names will be written in a standard font, size and location on the pack, while health warnings will cover at least 65 per cent of the box or packet. They can also no longer carry words such as “lite”, “natural” or “organic” and menthol cigarettes will be phased out completely by 2020.

Smokers will additionally not be able to buy smaller packs of cigarettes or rolling tobacco. Packets of ten are being axed, as are 10g (a third of an ounce) and 20g packs (0.7oz) of rolling tobacco.

Amanda Sanford, spokeswoman for Action on Smoking and Health (Ash), told the Liverpool Echo that banning smaller packers was intended to deter younger smokers who are more likely to buy them because they are cheaper.

Technically, the law came into force on 20 May 2016, but tobacco companies were given a 12-month period to standardise packaging and dispose of old stock. From 21 May this year, anyone breaking the new rules faces strict penalties.

Is this a good move?

Health Secretary Jeremy Hunt said standardised packaging “will cut smoking rates and reduce suffering, disease and avoidable deaths”, while government chief medical officer Dame Sally Davies says she was “thrilled” the tobacco industry was not allowed to appeal.

However, smokers rights group Forest said the new rules “treat adults like children and teenagers like idiots”.

Is the UK the first country to do this?

No. Australia led the way with a law that meant tobacco products on sale after 1 December 2012 had to carry plain packaging and French packaging legislation came into effect at the start of 2017. Similar laws in Ireland, Hungary and New Zealand have not yet been rolled out.

How tobacco firms flout UK law on plain packaging

Brands use competitive price labels to avoid restrictions on marketing

https://www.theguardian.com/society/2017/apr/09/tobacco-companies-flout-law-plain-packaging

An insider in the tobacco industry has revealed some of the unscrupulous tactics it is using to avoid new restrictions governing the marketing of cigarettes that come into force next month.

One strategy – sticking competitive pricing labels on packets, a move designed to attract cost-conscious poorer smokers who make up the majority of the market – is already in breach of the regulations, according to legal advice obtained by Action on Smoking and Health (Ash).

The whistleblower, until recently employed by Imperial Tobacco, one of the UK’s largest companies, told the Observer that all four of the industry’s main players were employing a range of branding initiatives involving pack design to differentiate their products before the new regulations come into force on 20 May. From this date, cigarettes must be sold in dark green packs of 20 that carry health warnings covering at least 65% of the box.

Plain packaging was first introduced in May last year. “Any branded stock you see out there now will have been produced before 20 May last year,” said the whistleblower who used the pseudonym, Martin Sempah. “So the cigarette companies have been on a massive stock building exercise to make sure they have their branded packs in the market for as long as possible, to leverage the brand benefit.” But, under the new regulations, any packs manufactured after 20 May last year must be devoid of eye-catching price labels, something that severely limits the tobacco companies’ ability to market them aggressively.

“Price with cigarettes is massive,” Sempah said. “It’s what drives growth in market share. You get your price mark wrong and you can lose market share and millions. The issue for Imperial was that from 20 May 2016 until 20 May 2017 they’d have branded packs out there but no way of controlling the price on them.”

The solution was to employ a separate agency to add promotional price stickers to the packets’ cellophane wrappers, a practice known in the trade as “stickering”, that, according to Sempah, involved “millions and millions” of packs and which the tobacco firms insist is not in breach of the regulations because it is not part of the manufacturing process.

Imperial employed an agency called Clipper to add the stickers, Sempah said. Ash has written to the other three major tobacco companies –JTI, BAT and PMI – saying it is aware that they have been employing a similar strategy.

The health organisation has received a legal opinion from Peter Oliver, a barrister at Monckton Chambers, that suggests the strategy breaches the regulations which state that cigarette packets must be wrapped in cellophane that is “clear and transparent” and must not be “coloured or marked”.

“Once again, the tobacco companies seem to be stretching the law to snapping point,” said Deborah Arnott, chief executive of Ash. “They have already wasted thousands of legal hours and millions of pounds in fees trying to get the standardised packaging rules scrapped and failed miserably. Now it seems they are trying to get round the rules, by adding stickers to cigarette packs after the 20 May 2016 and claiming that this is not part of the production process. But, as our legal opinion confirms, such claims are false and the behaviour unlawful. We would like to see appropriate enforcement action taken against any tobacco manufacturer engaged in this practice without delay.”

Stickering is only one weapon in the industry’s arsenal, Sempah suggested. “When the regulations came out they started to look for loopholes. They said: how can we use particular varnishes and finishes on our plain packs to make them more tactile in a person’s hands, to make them more attractive? Do we use a different type of foil? If you look at a pack of Marlboro Gold it has got a trademark type of foil – it’s resealable. There are methods they are using to get round the regulations to increase the brand equity in their packs.”

Another strategy is to use key words to signify different “strengths” of cigarette – something that is banned. The word “real” is being used to suggest “full flavour” while “bright” denotes cigarettes that were once labelled ‘light’.

Two, separately wrapped, packs of 10 cigarettes inserted inside a 20-size pack have been developed to appeal to smokers who prefer smaller packs.“They’re going to be investing a lot more in festivals and nightclubs,” Sempah said. “You can’t say ‘sponsored by’ but you can create a fantastic experience which kind of looks like a cigarette brand.

“For example, last year Golden Virginia did stuff at the Latitude festival. They had a bar and a smoking area – all green furniture and green T-shirts for staff. It was a slightly different green from Golden Virginia and it was called Roll and Rock rather than Golden Virginia but at the bar you could only buy Golden Virginia.”

In their written responses to Ash all four tobacco companies and Clipper insisted that they complied with all the regulations. Sempah said most in the tobacco industry doubted the marketing strategies would have much of an impact in the long run. “Nobody really expects this to work, but there’s so many big salaries tied up in marketing in the tobacco companies they have to try to make it work.”