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October 11th, 2015:

Revealed: how ‘big tobacco’ used EU rules to win health delay

http://www.theguardian.com/business/2015/oct/11/tobacco-eu-delay

Cigarette companies pushed EC’s Better Regulation agenda to secure three-year moratorium on plain packaging

Marlboro Menthol cigarettes in new packaging in Australia. Photograph: Bloomberg/Bloomberg via Getty Images

Marlboro Menthol cigarettes in new packaging in Australia. Photograph: Bloomberg/Bloomberg via Getty Images

The world’s largest tobacco companies were instrumental in promoting Europe-wide, pro-business regulations that they used to delay health initiatives.

Analysis carried out by the University of Bath’s Tobacco Control Research Group (TCRG) has found that the companies played a key role in pushing the European commission’s Better Regulation agenda, which places business interests at the heart of policy drafting. They then used the new laws to block and delay a series of major health reforms, including UK introduction of plain packaging.

Under the terms of the Better Regulation agenda, which internal tobacco industry documents reveal was enthusiastically supported by British American Tobacco, European governments, including the UK, must conduct public consultations and impact assessments when introducing laws that affect business. The tobacco companies took advantage of these laws, using third parties and fake grassroots campaigns to swamp the consultations on anti-smoking initiatives such as the introduction of plain packaging. In addition, they were highly selective in what they submitted. All failed to include evidence – disclosed as a result of historic legal action – that they knew branded packaging was crucial to the marketing of their products, something they consistently denied in public.

For example, a document drawn up by Marlboro manufacturer Philip Morris in 1970 explained how pack recognition research was conducted by using hidden cameras on unsuspecting consumers in stores. It states: “As a prospective customer entered the area, he broke the photoelectric beam, immediately setting in motion the concealed camera which recorded the movement of his eyes and the final selection he made. From the thousands of films, the designers and advertising men were able to determine which package, which design and what combination of colours had the most appeal.”

 

Leaked documents show that Philip Morris identified the Better Regulation laws as a key weapon in its battle to derail the 2014 EU tobacco products directive which introduced large-scale health warnings on cigarette packets and a ban on flavoured cigarettes and packs of 10 –both popular marketing initiatives with young smokers. The tobacco giant employed more than 160 lobbyists and spent ¤1.25bn opposing the directive’s introduction. The European commission department responsible for drawing up the directive was swamped with 85,000 submissions. Many of the claims that they made were based on dubious evidence. According to the TCRG analysis of the submissions, “the research was of significantly lower quality than research supporting the measure. For example, the tobacco companies’ arguments were not supported by any peer-reviewed journal articles about standardised packaging.”

Nevertheless, the tobacco giants’ tactics resulted in a three-year delay in the introduction of plain packaging in the UK. Anna Gilmore, Professor of Public Health and Director of the TCRG, said their analysis highlighted the need for full transparency when it came to public consultations.

“The tobacco companies played a key role in implementing Better Regulation, anticipating that it would help them delay, block or weaken public health legislation,” Gilmore said.

“They have now gone on to exploit it to prevent life-saving regulations. They are flooding consultations with massive numbers of responses to give a totally misleading impression of opposition to public health policies. They then cite wholly misleading evidence that they have effectively manufactured to support their case.”

Cross-party parliamentary group calls for higher tobacco tax

http://www.digitallook.com/news/news-and-announcements–/cross-party-parliamentary-group-call-for-higher-tobacco-tax–891403.html

An increase in the tax on tobacco is needed to persuade more smokers to give up the habit, the All-Party Parliamentary Group on Smoking and Health has said.

At present, the tax rate is set at 2% above inflation each year, but the cross-party group of Peers and MPs is calling for that to be raised to 5%, which it believes would double the current rate of decline in smoking.

“Smokers don’t just die early, they suffer many years of disease and disability before they do, putting pressure not just on the NHS, but additional disability and social care costs and reduced income tax,” group chairman Bob Blackman, Conservative MP for Harrow East, said.

“Every pound invested over the next five years could deliver £11 to the public purse.”

The group anticipates that an additional £100m would be generated each year from the increased tax, which it said could be spent on anti-smoking schemes.

However, tobacco manufacturers have criticised the idea as being “counterproductive”.

The director general of the the Tobacco Manufacturers’ Association, Giles Roca, said: “Every time taxation is increased on tobacco it loses the Treasury millions that could have been spent on public services.”

He said this is because UK tobacco is the most expensive in Europe, with taxes increased by more than 40% during the past five years, which he said meant that smokers are “increasingly switching to cheaper and often illegal products, which loses the Treasury some £2.6bn each year”.

“Rather than imposing yet more tax on a legitimate UK sector, which directly and indirectly supports over 60,000 jobs and generates over £12bn in tax revenue, the UK government would be better served by holding an independent review of tobacco tax policy,” he said.

The Great Kentucky Hemp Experiment

http://www.newsweek.com/great-kentucky-hemp-experiment-381870

Western Kentucky University senior Corinn Sprigler helps harvest hemp plants at the WKU Farm in Bowling Green, Kentucky, in September 2014. Hemp potentially could be much more lucrative than tobacco if universities and farmers taking part in the Industrial Hemp Research Program, established by James Comer, Kentucky’s commissioner of agriculture, continue to hone their skills cultivating the crop. BAC TO TRONG/DAILY NEWS/AP

Western Kentucky University senior Corinn Sprigler helps harvest hemp plants at the WKU Farm in Bowling Green, Kentucky, in September 2014. Hemp potentially could be much more lucrative than tobacco if universities and farmers taking part in the Industrial Hemp Research Program, established by James Comer, Kentucky’s commissioner of agriculture, continue to hone their skills cultivating the crop. BAC TO TRONG/DAILY NEWS/AP

The Shell Farms & Greenhouses is an expansive 1,000-acre property in Garrard County, 37 miles south of Lexington, Kentucky. The five-generation family farm is operated by 31-year-old Giles Shell and his 60-year-old father, Gary. The two are whizzes at making ornamental flowers flourish, and like most farmers in the area, the family has grown tobacco for years.

In late June, the younger Shell stood outside one of six greenhouses on the farm and held up a yellowed tobacco plant with limp rootstock. The Shells know how to save sickly tobacco plants like this one, but they don’t want to anymore. “I’m hoping it’s our last crop,” Shell said.

Along the winding back roads of Central Kentucky’s bluegrass country, horses and cows graze on lush plains. For decades, tobacco helped farmers here keep their families clothed and fed. But that’s changing. Tobacco production facilities have slowly migrated to North Carolina, South Carolina and Tennessee due to consolidation within the industry, which has resulted in an ever-shrinking demand for the crop in Kentucky. There’s a replacement crop starting to come in, though: The Shell greenhouses that once nurtured thousands of tobacco plants are now home to 3,200 industrial hemp plants.

It’s been close to 70 years since anyone in Kentucky—or anywhere in the U.S.—attempted to legally cultivate industrial hemp in massive quantities. But today, the Shells and other skilled farmers are taking up the cash crop yet again, under the auspices of the five-year pilot Industrial Hemp Research Program, established by James Comer, Kentucky’s commissioner of agriculture, which vets and licenses farmers in the state.

Shifting gears so dramatically hasn’t been easy. The biggest problem is the learning curve: Hemp isn’t tobacco, which means it’s unlike the crop farmers in the area are most familiar with. A major component of the pilot project has involved figuring out the optimal way to make the plant flourish in a much rainier environment than California or Colorado, where most cannabis is currently grown. Farmers have experimented with a number of techniques: covering the beds to prevent over-watering (as you would, for example, with tomatoes) and growing cuttings in flower pots (as they do with ornamental flowers).

And there’s another undeniable challenge: Industrial hemp is really just a few genetic tweaks away from marijuana and outsiders often don’t know one from the other. “When the stuff really starts to flower it has the same look and smell as marijuana. That’s why we have security” to contend with potential plant thieves, says Shell.

The difference between the two cannabis sativa plants is the level of tetrahydrocannabinol (THC), the psychoactive chemical compound in the plant that’s responsible for causing the high. In order for cannabis to be considered industrial hemp, it must contain THC levels less than 0.3 percent; any more and the plant has officially crossed over into weed territory.

Currently all cannabis sativa—whether grown to ease chronic pain, get stoned or make rope—is a schedule I controlled substance, a result of the Controlled Substances Act passed by Congress in 1970, though state marijuana laws have changed some of the classifications at local levels. This is viewed as unfortunate by marijuana activists, but also by many in the agriculture industry, including Comer. He hopes to single-handedly turn industrial hemp into Kentucky’s No. 1 cash crop—and in the process, breathe new life into family farms that have lost millions of dollars with the fall of the tobacco industry.

Most industrial hemp is grown in China. With the right processing methods, the highly versatile plant can provide several notable revenue streams. Cannabidiol (CBD), a chemical compound in the plant, can be extracted from the leaves, blossoms and stems for medicinal and nutraceutical purposes. Cannabis oil derived from cold-pressing seeds is a healthful alternative to the oils sitting on most kitchen shelves, and it is already used in a number of cosmetic and beauty products. Other genetic variants of the plant are cultivated to produce fiber that can substitute for cotton, wood and plastic—a more sustainable way to make everyday products ranging from T-shirts to particleboard and even car dashboards.

And then there’s the potential for food. Hemp seed—high in fiber, antioxidants, omega-3s and protein—has a mild, nutty taste akin to flax. With the right marketing it could become the industry’s next superfood. It would also make for nutrient-packed animal feed.

Kentucky has a long, but mostly forgotten, history of hemp farming. The Speed family, intimately close friends of Abraham Lincoln, were hemp farmers in the state, as was Henry Clay, the 19th century statesman. Kentucky led the U.S. industrial hemp business until the end of the Civil War, when production of the crop declined and was generally replaced by tobacco. The Marihuana Tax Act of 1937 put the kibosh on all production and sales of cannabis, including industrial hemp, but the crop saw a rapid resurgence during World War II. Hemp fiber became essential to produce military necessities such as uniforms and parachutes. The U.S. Department of Agriculture launched its national “Hemp for Victory” program, which provided seeds and draft deferments to farmers. In 1942, farmers planted 36,000 acres of hemp seed. A USDA-funded informational film from that year noted that “hemp grows so luxuriantly in Kentucky that harvesting is sometimes difficult.”

With backing from Senator Rand Paul, Comer’s proposed legislation—Senate Bill 50—passed in 2013. It created a regulatory framework for farmers to legally grow hemp in the state. In addition, Paul and Comer were able to get a provision added to the federal Farm Bill that legalized hemp production in states like Kentucky that had programs set up to grow the crop. The bill was signed by President Obama in 2014.

Senator Rand Paul of Kentucky has backed the efforts of Comer to return hemp to its historical position as one of the Bluegrass State's cash crops. Its history in Kentucky includes even Abraham Lincoln, whose in-laws grew hemp, as well as Henry Clay, the 19th century statesman. Kentucky led the U.S. industrial hemp business until the end of the Civil War, when production of the crop declined and was replaced by tobacco. CARLOS BARRIA/REUTERS

Senator Rand Paul of Kentucky has backed the efforts of Comer to return hemp to its historical position as one of the Bluegrass State’s cash crops. Its history in Kentucky includes even Abraham Lincoln, whose in-laws grew hemp, as well as Henry Clay, the 19th century statesman. Kentucky led the U.S. industrial hemp business until the end of the Civil War, when production of the crop declined and was replaced by tobacco. CARLOS BARRIA/REUTERS

Though state and federal lawmakers support the efforts, Comer says it hasn’t been easy for Kentucky’s agriculture department or any of the farmers in the pilot program. Last year was the first for Kentucky’s pilot program, but it yielded only 33.4 acres of industrial hemp in the state. The farmers were capable of growing much more, but the U.S. Drug Enforcement Administration has made it challenging, says Comer. The DEA’s cannabis eradication program provides funding to local law enforcement to form a SWAT team of “cowboys flying around in helicopters.” They have been known to sweep through private farms to confiscate the plants, and have even been known to mistake okra for marijuana.

Despite all this, the project has nearly doubled its hemp production this year, and at least 500 people in the state are now employed at it as a result. Comer says he hopes farmers will soon be able to grow at least 10,000 acres. “We want to be the Silicon Valley for industrial hemp,” he says. The state’s backcountry has already become fertile ground for startups like GenCanna Global, which has partnered with six local farms to grow hemp for CBD.

Matty Mangone-Miranda, GenCanna’s president and chief executive officer, and Chris Stubbs, its chief scientific officer, conducted early work to cultivate low-THC, high-CBD cannabis plants formerly called “hippie’s disappointment”—since it doesn’t cause a high—and now known as Charlotte’s Web. It’s produced by the Realm of Caring Foundation as a dietary supplement under federal law and as medical cannabis for sale in states that allow for its use. The story of Charlotte’s Web first came to public light in 2013, when CNN aired Dr. Sanjay Gupta’s documentary Weed, featuring Charlotte Figi, a 5-year-old with a rare refractory epilepsy disorder known as Dravet syndrome that caused her to have up to 300 seizures per week. The Figis were preparing to sign “do not resuscitate” forms for their daughter when a friend connected them with the founders of the company, and the girl gained nearly complete seizure control once she started ingesting the CBD oil.

After the CNN documentary ran, Realm of Caring couldn’t keep up with the resulting high demand, says Mangone-Miranda. They still have thousands of families on their waiting list. “The lack of supply of oil was a huge problem,” he explains. “For me, the logical solution was that we needed a massive, sustainable and reliable supply.” To solve the problem, GenCanna has invested in Kentucky’s farms with the goal of planting 200,000 plants that are genetically similar to Charlotte’s Web in 2015.

Now, GenCanna has an increasing list of companies looking to purchase CBD oil to develop novel products that have absolutely nothing to do with treating rare seizure disorders or making healthy granola. The company has received proposals for CBD-infused sports drinks, wine, beer, Listerine-type fresh breath strips and transdermal patches.

Over the summer, GenCanna, along with Atalo Holdings—another hemp cooperative—purchased a 147-acre former tobacco seed development and breeding facility in Winchester, Kentucky. Along with storage, processing, formulating and shipping buildings, their new Hemp Research Campus includes an over-8,000-square-foot laboratory with breeding rooms. The two companies hope the Hemp Campus will serve as an incubator for the industry, says Steve Bevan, GenCanna’s chief operating officer. “With the Hemp Campus we think we can bring more and smarter people here,” he says. GenCanna and other companies hope to plant their flags before imminent changes in federal and state cannabis regulations allow Big Pharma to enter the picture. “They’re going to throw money in a big way, so we want to understand as much as possible because we have a belief that this stuff is food.”

There is currently a bill in U.S. Congress that would reclassify hemp from a narcotic to an agricultural crop. If the law were to pass, it would minimize the red tape for established hemp farming programs. For example, says Comer, “we won’t have to send staff to a field to do GPS coordinates and then get that information to the state police and all this bureaucracy.”

Despite the regulations and red tape, industrial hemp has already been a saving grace for some of the farmers in the pilot program. The Halverson family, for example, was preparing to shutter their operation, which primarily grew ornamental plants, until GenCanna approached them. The company offered to pay the rent for their property, cover all expenses upfront—including a refurbishing of the greenhouse—and provide salaries to the family and a staff of more than 20. One condition: They would turn all their energies to cultivating hemp and work with GenCanna to learn how to grow this complicated plant and find a way to breed the best version of the plant that is stronger and more aggressive.

Tobacco farmers only earn the equivalent of about 4 cents per pack of cigarettes. It’s still uncertain how much revenue hemp will bring into Kentucky's agriculture business but the farming community is hopeful. JESSICA FIRGER FOR NEWSWEEK

Tobacco farmers only earn the equivalent of about 4 cents per pack of cigarettes. It’s still uncertain how much revenue hemp will bring into Kentucky’s agriculture business but the farming community is hopeful. JESSICA FIRGER FOR NEWSWEEK

In the beginning, the Halversons were skeptical. The family are Sabbath-keeping Christians, and it was hard to know what their neighbors would think. But by that time the family had run out of money and options other than to close the farm. So they went for it.

At first, they were the subject of the weekly gossip at church. “You get to finishing some choral music, and then the conversation after is ‘Are you guys really growing that stuff?’” says Mikkel Halverson. “We feel that growing hemp is more than just work—it is a way we can help those in need. It is part of a healing ministry.” Now, the Halversons’ 36,000-square-foot greenhouse overflows with thousands of hemp plants.

Halverson knows he could probably make a lot more money if he grew the type of cannabis that gets people high, but his family has decided they will not grow a version of hemp that could potentially be smoked, no matter how skilled they become at farming the crop. “I think God made all of the plants,” he says. ”But we’re going to stick with CBD hemp.”