FACING THE TOBACCO INDUSTRY`S LESS
HARMFULL PRODUCTS IN COURT – PLAIN PACKAGING
ON SNUS
Ingrid Stenstadvold Ross, head of department of policy and communication
2
3
0
20
40
60
80
100
1985 1988 1991 1994 1997 2000 2003 2006 2009 2012
%
Daily smokers (16-24)
Daily smoke or snus (16-24)
Daily snus-use (16-24)
5
Proportion of daily snus use. Men and women in different age groups
Eksponerings
- forbudet
The Norwegian packages
7
• Scandinavia's largest snus producer believes the Government do not have enough evidence of the harmful effects of snus to implement plain packaging.
• Requesting a postponement of the injunction until the legality has been tried in court
• Swedish Match lost this case
Tobacco industry challenge on Plain Packaging – Swedish Match against the state of Norway
Harm reduction and FCTC?
Advocacy
TAKK!
The Path to Tobacco Plain Packaging in Sri Lanka
Dr. Sajeeva Ranaweera Technical Consultant, National Authority on Tobacco and Alcohol, Government of Sri Lanka
Member. Expert Committee, Tobacco and Alcohol, Sri Lanka Medical Association
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
The Plan
“It is imperative that the recommendations of the PTF be fought as a matter of high priority and the industry must stand up and be counted. Accordingly, this project has been titled `On the Front Foot'.” On the Front Foot. Strategy to Counter Recommendations of the Presidential Task Force (PTF). Bates No.321503833 – 321503855. http://legacy.library.ucsf.edu/tid/iax63a99/pdf. Accessed 28 Sept 2018
“We have marshaled all
forces at our disposal to
prevent legislation ……”
Ceylon Tobacco Company Limited Cooperate Plan 2000 (Confidential). Bates No. 321400598-321400668. http://legacy.library.ucsf.edu/tid/rjk93a99/pdf Accessed 28 Sept 2018
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
Religious Leaders came out in support Vocal support in Parliament
Professional Organizations joined hands Public rallies and public petitions in support
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
Task Force
Drafting
Taxation, Amendments
2000
2500
3000
3500
4000
4500
5000
5500
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
- 30%
Cigarettes released for sale in Sri Lanka in Millions
Data Source: Department of Customs, Government of Sri Lanka
Pictorial Warnings
• Minister of Health issued gazette mandating 80% warnings 2012 • Industry sued the government • Case dragged on • Government seemed to be on two sides on the issue • Community and Media campaigns • Parliament questions and debates • Technical support provided to the lawyers and lawmakers • Headline news – News papers and television • Community action • Advocacy – thousands of letters sent to politicians, judiciary • Politicians questioned in chat shows • Religious leaders lobbied, supported issue openly through media
Community Action
Pictorial Warnings
NATA Act
Plain Packaging
FCTC
Parliamentary approval
Protocol on Illicit Trade
General Education of the tobacco industry tactics
Empowering communities to take action
Targeted lobbying of
policy makers
Targeted advocacy- media, high level
opinion makers and highest level
religious leaders, Show of public
support
Targeted advocacy to
specific policy makers, Economic
and taxation studies
Task Force
Drafting
Taxation, Amendments
Disclosure of interest: None declared
The Global Movement Towards Tobacco Plain Packaging: Policy, Politics and Legal
Challenges Is Malaysia ready for implementation of Plain/Standardized
Packaging? Prof. Dr. Maizurah Omar,
Dr. Nizam Baharom, Dr. Noraryana Hassan, Ms. Noor Afiza Abd Rani,
Dr. Balamurugan Tangiisuran, and Dr. Anne C. K. Quah
Tobacco Control FCTC, Technical Working Group (TWG), Ministry of Health, Malaysia
Track T1-25
Timeline Malaysia progress in implementing Article 11
1979 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014
Malaysia ratified WHO FCTC
Pictorial Health Warnings Implemented
January 2009
New set of Pictorial Health Warnings Implemented January
2014January 2009
Text warning “AMARAN KERAJAAN MALAYSIA- MEROKOK MEMBAHAYAKAN KESIHATAN
Took 30 yrs Took 4 yrs
Until present (2018)
Health Warnings on Cigarette Pack in Malaysia January 2009 1979 January 2014
+
Cigarette Pack Design in Malaysia
Size of PHWs ( 40% in 2009) & (50% in 2014)
Malay Text Warning Cigarette
Brand
Front-of-Pack Back of Pack
Size of PHWs (60%)
English Text Warning
Infoline
Prohibit Selling to minor
Address & name of manufacturer
Pack size
Warning that cigarette smoke contains 4000 types of chemicals
Security Ink
Date of manufactured
Impact of Pictorial Health Warning in Malaysia
Impact of Pictorial Health Warning on salience and behavior among adult smokers in Malaysia (2009: 40% front; 60% back)
3.6 million smokers in Malaysia
After the introduction of pictorial warnings:
• 569,000 more smokers noticed the warnings • 1,202,400 more smokers reported not smoking a cigarette because of the warnings
Noticing pre = 51.4% Noticing post = 67.2%
Increase of 15.8%
Not smoking cig pre = 21.2% Not smoking cig post = 54.6%
Increase of 33.4%/
June 2009 From text on side to pictorial warnings:
40% of front, 60% on back
Plain/Standardized Packaging in Malaysia The tobacco industry has used a number of strategies that allow them to continue marketing their products in Malaysia while reducing the effectiveness of packaging and label measures
Using trademark protection of new descriptors in product brand names (e.g., Kent Silver Neo, Saleem Elite)
Using packaging to promote the introduction of new cigarette product features, such as filters with mint or menthol capsules
Using colors to replace banned descriptors
Increasing production and marketing of flavored cigarettes in attractive and colorful packs
The implementation of plain packaging in Malaysia would prevent the industry from continuing to exploit loopholes in existing packaging and labelling regulations
Support for Plain/Standardized Packaging in Malaysia
Commitment and Challenges In Feb 2016, the Malaysian Health Ministry announced that Malaysia planned to
introduce standard or plain packaging, though no firm date were included in the announcement.
The Ministry explained further that several matters such as the issues of
intellectual property and trademark, and industry arguments, needed to be ironed out.
The Control of Tobacco Act, including banning display of tobacco products at
point-of sale, increased age for sales to minors, and implementation of standard or plain packaging, will be tabled in the Malaysian Parliament soon.
Malaysia is committed to implementation of all WHO FCTC articles and
guidelines, to achieve its Tobacco Endgame Target by 2045 Ref: Standardized or Plain Tobacco Packaging- Campaign for Tobacco-Free Kid, Malaysia news articles
Thank You
Prof. Dr. Maizurah Omar ([email protected]),
Tobacco Control FCTC, Technical Working Group (TWG), Ministry of Health, Malaysia
Disclosure of interest: None declared
Australia’s plain packaging victory in the World Trade Organization
Implications for tobacco control and cancer prevention
• Track ONE
Jonathan Liberman - Director of McCabe Centre for Law and Cancer
Tobacco Plain Packaging
Source: Quit Victoria collection, packs purchased Melbourne 29 November 2012
Tobacco Plain Packaging
Source: Quit Victoria collection
Winfield Packs: late 1980s to now
Source: Quit Victoria collection
Implementation dates • 29 April 2010: Government announced it would legislate to
mandate plain packaging
• November 2011: legislation enacted
• 1 October 2012: All packs manufactured to comply with plain packaging requirement
• 1 December 2012: All packs for sale to comply with plain packaging requirements
Three sets of legal challenges
• Constitutional challenge in High Court of Australia by 4 major multinational tobacco companies – decided Aug 2012
• Investment treaty challenge by Philip Morris Asia – decided Dec 2015
• World Trade Organization challenge by Cuba, Dominican Republic, Honduras, Indonesia – decided June 2018
All of these UNSUCCESSFUL
WTO challenges
Four complainants:
• Cuba
• Dominican Republic
• Honduras
• Indonesia
Tobacco industry support on the public record
WTO Panel report … 884 pages …
Eight key messages
Don’t want to read 884 pages? Here are the eight most
important messages from the Panel Report.
One
All of the claims failed.
Two
Tobacco plain packaging works.
Findings
The evidence is dealt with in enormous detail and there are detailed findings made
The overall conclusion:
Plain packaging measures, in combination with other tobacco control measures, ‘are apt to, and do in fact, contribute to Australia’s objective of reducing the use of, and exposure to, tobacco products’ (7.1025)
Tobacco use is a very serious public health problem.
Three
Four
Complainants’ attack on the science dismissed.
Five
Tobacco packaging is a form of advertising / promotion.
Findings: • Rejected the argument that packaging only affects brand
choice, or ‘secondary demand’ (7.744-7.747)
– ‘the evidence before us makes clear that new smokers must continuously be recruited to maintain the primary demand for tobacco products at a level that will sustain the industry and "replace" those who cease to use the product because they have quit or died’ (7.744)
Six
Tobacco control measures need to be given time to work.
Seven
Tobacco control requires a comprehensive approach.
Eight
The WHO FCTC really matters.
Our WHO FCTC Knowledge Hub website