Category: Regulation

Who sets tobacco policy?
Allowing the sale in Malaysia of packs containing fewer than 20 cigarettes would again demonstrate that tobacco lobbyists were determining government policy, questioning the sovereignty of policy making in the country, according to an opinion piece in the Malay Mail by Charles Santiago, the member of parliament for Klang.
Santiago said that there was ‘talk’ that 10-stick cigarette packs – what he referred to as ‘kiddie packs’ – would be sold to combat the sale of illegal tobacco.
Sales of packs with fewer than 20 cigarettes have been banned since 2010.
For the past few years, the three major tobacco companies operating in Malaysia have been complaining about the steep increases in tobacco excise taxes that have been imposed and the level of illegal tobacco trade in the country.
Santiago said, however, that allowing the smaller packs would ‘encourage the sales of cigarettes as they would become much more affordable, even for students, young adults and women’.
‘But to address the affordability of cigarettes, especially to lower income persons and youths, the Malaysian government introduced the Minimum Price Law (MPL) in 2010, in conjunction with a ban on selling cigarettes in packs of less than 20 sticks,’ Santiago said.
‘Last year, the Health Ministry told parliament that the government plans to introduce plain-packaging on cigarette packets as a way of reducing smoking in the country, a move successfully adopted in countries such as Australia and Uruguay.
‘But the government received brickbats from big tobacco companies following the announcement and the policy was shelved.
‘This time around tobacco lobbyists have bypassed the Health Ministry altogether, earning the wrath of its director-general Noor Hisham Abdullah who has been reported as being against the sales of kiddie packs.
‘Instead of pandering to the whims of tobacco lobbyists, the government must consult all stakeholders including the Health Ministry, anti-tobacco lobbyists and schools to weigh in on the sales of kiddie packs.
‘If these smaller packs come to be on sale, it would again demonstrate that tobacco lobbyists are determining government policy, questioning the sovereignty of policy making in the country.’
August 22, 2017
More bans due in Turkey
Turkey is expected to toughen its already-tough anti-tobacco regulations, according to a story by Ali Mustafayev for AzerNews.
In 2008, Turkey introduced legislation banning smoking in workplaces and enclosed public places, and on public transport.
Now, the Health Ministry has announced that the ban on smoking might be extended to private cars.
And the Ministry reportedly said that a common standard would be applied to imported and locally-made tobacco products. ‘A tobacco producing company’s brand and logo cannot occupy more than five percent of the area on a pack of tobacco product,’ the ministry was quoted as saying.
A new wave of restrictions on tobacco products were introduced from January 2015 under which all tobacco products in Turkey are sold in black packs so as to be less attractive.
Nevertheless, smoking in Turkey is extremely popular at all levels of society. ‘Turkish people consider smoking almost as a favorite pastime,’ the writer said.
Turkey has a smoking incidence of about 31 percent, and, in 2015, cigarette consumption there was 125 billion, a figure that includes contraband cigarettes and loose tobacco.
August 22, 2017
Saint Lucia goes graphic
Tobacco-product packs sold in Saint Lucia are to include graphic health warnings, according a StLuciaNewsOnline.com story.
And the Caribbean island nation is proposing to introduce a tobacco smoking ban in enclosed public places.
In a change that was implemented on August 16, the Saint Lucia Bureau of Standards (SLBS) revised the standard for tobacco-products labelling, making it mandatory for tobacco-product packs to carry graphic warnings.
Hubert Reynolds head of the SLBS Compliance Department said vendors with tobacco products shipped prior to the August 16 change would be allowed to sell their products until those supplies were exhausted.
He said the SLBS would use the country’s previous rules to evaluate consignments coming into St. Lucia for which the bill of lading was dated before August 16.
This meant that consumers would continue to see the old labels on the market for a while.
However, it was expected that, during the next six months, consumers would start to see the arrival of products with the new labels.
Meanwhile, Reynolds said that the health department would be looking to revise legislation with a view to reducing the impact of smoking.
“The Ministry of Health is also working on legislation to prevent people from smoking indoors,” he said.
“So you would see, in terms of public buildings, the passing [of] laws to reduce the impact of second-hand smoke.”
August 21, 2017
Graphic images defended
The EU Commission has ruled out the possibility that any of the graphic warnings appearing on tobacco products sold within the EU could contain the pictures of people who haven’t given their consent for their images to be used in this way.
The Commission was replying to three questions raised by the Danish member of the EU parliament, Christel Schaldemose.
In a preamble to her questions, Schaldemose said that on June 15 the Danish local newspaper Folketidende had reported the story of a distraught woman who believed she could recognise her late husband in one of the pictures introduced under the 2014 Tobacco Products Directive. And there had been instances of similar stories from other member states.
‘The Commission has in the past given assurances that any similarity to other persons who have not given their consent is purely coincidental, but nonetheless the pictures are distressing for those affected,’ she said.
Schaldemose then asked:
1. ‘Can the Commission guarantee that everyone depicted has given their consent to the use of the pictures for this specific purpose under the EU’s General Data Protection Regulation?
2. ‘In the Commission’s view, do the pictures give rise to ethical concerns vis-à-vis the bereaved who believe they can recognise their late family members?
3. ‘Does the Commission have any plans to replace those pictures which raise doubts about the identity of the person depicted?’
In what appeared to be a utilitarian defense of its position, the Commission said that tobacco was the biggest cause of preventable death in the EU and picture health warnings had been proven to be extremely effective in preventing smoking uptake and encouraging people to quit.
‘The Commission would like to assure that it has taken great care to ensure that the production of the photographic images used as pictorial health warnings has been carefully documented and that all individuals depicted in the library of health warnings set out in Annex II to the Tobacco Products Directive (TPD) were fully informed of the use of their image and gave their consent to such use,’ the Commission said. ‘The information on the development of the pictorial health warnings is available on the Commission website.
‘While the Commission has the utmost sympathy for individuals who genuinely believe that persons depicted on the tobacco packages are family members, and to whom the pictures might have inadvertently caused distress, the Commission underlines that any claim according to which the image of an individual would have been used without his or her consent is unfounded.
‘There are no plans to update the picture library in the very near future. However, the TPD foresees the possibility to adapt the text and picture warnings based on scientific and market developments.’
August 18, 2017
Litigation launched in China
A woman in China has brought a lawsuit against the Harbin Railway Bureau that aims to have smoking on regular trains and station platforms banned, according to a GBTIMES story quoting a report in The Paper.
The Beijing Railway and Transport Court has accepted the case and the trial is scheduled to begin on August 24.
It is the first such lawsuit brought by a Chinese citizen against the authorities.
The story said that the woman, Li Yan (not her real name), was surprised to find a regular K1301 train she was travelling on between Beijing and Tianjin filled with cigarette smoke on June 9.
She noticed that many passengers and train staff were smoking in the smoking area of the train, which was under the supervision of the Harbin Railway Bureau, resulting in non-smoking passengers being subjected to second-hand smoke.
After what was described as an unpleasant journey, Li wrote letters of complaint to the National Railway Bureau and the Health and Family Planning Commissions of Beijing and Tianjin, but each of them replied that they were not responsible for the banning of smoking on trains.
Li then launched the lawsuit to ban smoking specifically on the K1301 train, as well as on the platforms of Beijing and Tianjin railway stations.
She wants also all smoking areas and paraphernalia to be removed, and she wants compensation for her ticket and a gauze mask used to reduce both her smoke inhalation and anguish. The total monetary claim comes to US$18.30.
According to the relevant regulations of Beijing and Tianjin, both cities prohibit smoking in indoor public places.
Meanwhile, all high-speed trains in China have banned passengers from lighting up, though there are designated smoking areas aboard regular trains that travel at less than 160 kilometres per hour.
August 17, 2017
Warning on Thailand
A UK travel agent is urging others to tell their customers not to vape in Thailand where they could face up to 10 years in prison for doing so, according to a story by Ravneet Ahluwalia for the independent.co.uk.
Pat Waterton, manager at Langley Travel, was quoted as saying that she had been unaware of Thailand’s ban on the possession of vaping devices until her nephew was forced to pay £125 as an on-the-spot fine after being threatened with jail for possessing an e-cigarette in Bangkok.
“If I’m selling Thailand I will definitely mention it now,” said Waterton. “All agents should. Thailand is very popular so we should make sure we are telling people about things that could ruin a holiday.”
Ahluwalia wrote that in November 2014, Thailand had approved legislation outlawing the import of e-cigarettes into the country. This had since been expanded to the export as well as the sale of e-smoking devices and equipment.
Although it was common to see people vaping in Thailand, offenders were technically breaking the law as possession was illegal, said Ahluwalia.
On its website, the UK Foreign Office advises travellers not to take vaporisers such as e-cigarettes or refills into Thailand.
‘These items are likely to be confiscated and you could be fined or sent to prison for up to 10 years if convicted,’ the Foreign Office says.
‘The sale or supply of e-cigarettes and similar devices is also banned and you could face a heavy fine or up to five years imprisonment if found guilty. Several British Nationals have been arrested for possession of vaporisers and e-cigarettes.’
August 17, 2017
No new anti-smoking ideas
The European Commission has no advice for France on how the country might reduce the size of its smoking population, but it expects the full impact of the measures already taken ‘will become apparent in the coming years’.
In a preamble to two questions asked of the Commission, Mireille D’Ornano, a French member of the EU parliament, said that, according to a study conducted by the French National Public Health Agency, cigarette consumption was still particularly high in France.
‘In 2016, 34.5 percent of the population in the 15-75 age bracket smoked tobacco, 83 percent of whom did so daily, which is a “much higher proportion than in neighbouring countries”,’ she said.
‘In France, smoking is the direct cause of 73,000 deaths each year.
‘Yet, according to the British think-tank the Institute of Economic Affairs, France has the third strictest anti-smoking policy in the EU.
‘It appears that France has already implemented the recommendations made by the World Health Organization for the World No Tobacco Day on 31 May, particularly with regard to the pricing and taxation of tobacco products.’
D’Ornano asked:
1. ‘Does the Commission have any recommendations on how French anti-smoking policy can be made more effective?
2. ‘Does the Commission intend to take ambitious measures against cross-border tobacco tourism and the sale of smuggled cigarettes?’
In its answer to the first question, the Commission said that for effective tobacco control, a comprehensive strategy was needed; one that addressed all aspects of tobacco prevention and consumption at EU, national and local levels. ‘As the honourable member mentions, France already has many tobacco control measures in place and has recently introduced plain packaging,’ it said. ‘We expect that the full impact of these measures will become apparent in the coming years.’
In answering the second question, the Commission said that the availability of both illicit and excessively cheap tobacco products, which might encourage cross-border purchasing, was a concern for the Commission.
‘To reduce the incentives for smuggling from the EU’s neighbouring countries, these are actively encouraged to approximate their fiscal charges to the levels set in the EU,’ it said.
‘Furthermore, Articles 15 and 16 of the Tobacco Products Directive aim to reduce illicit tobacco trade, including smuggling, through traceability and security features for tobacco products. These track and trace systems should be in place by May 2019 for cigarettes and roll-your-own tobacco and by May 2024 for all other tobacco products.
‘The Commission is currently working to prepare the necessary implementing legislation and an indicative implementation timeline has been published.’
August 16, 2017
Barred from selling tobacco
Twelve retailers in Singapore have had their tobacco retail licenses suspended and one has had its license revoked after they were caught selling cigarettes to people under the age of 18, according to a Today story quoting the Health Sciences Authority (HSA).
Value Supermart, at 301 Serangoon Avenue 2, had its license revoked after it was caught selling cigarettes to a 17-year-old in school uniform.
Under Singapore law, retailers caught selling cigarettes to minors have their tobacco retail license suspended for six months for the first offence and revoked on the second offence.
However, any outlet caught selling tobacco products to people under 18 and wearing school uniform, or those under 12 years of age, have their license revoked even for a first offence.
Meanwhile, 12 other outlets have been suspended from selling tobacco products for six months after they were caught selling cigarettes to minors who were not in school uniform.
All 13 retailers, which were first-time offenders, did not ask for any form of identification when they sold cigarettes to minors, claiming that they were busy or that the minors looked older than they were, the HSA said.
The HSA has suspended the tobacco retail licenses of 53 outlets and revoked those of nine others since 2015.
‘Sellers take the risk of contravening the laws if they assess age by mere physical appearance of the buyer,’ the authority said.
August 16, 2017
Tracking the rationale
A member of the European Parliament (MEP) has expressed concern that the introduction of a tobacco tracking and tracing system could run ‘counter to all business rationale’.
In a preamble to questions posed to the European Commission and that will be answered by the Commission in writing, the Hungarian MEP Norbert Erdős said the purpose of the tobacco tracking and tracing system envisaged in Directive 2014/40/EU was to combat the illegal tobacco trade, which was not only prejudicial to public health and taxation, but also detrimental to the legitimate interests of compliant business operators and lawful tobacco growers.
‘I am concerned, however, that the EU system will be nothing but an isolated solution, as there are no guarantees as to whether third countries, which are sometimes the origin of illicit tobacco products, will introduce a similar system,’ he said.
‘Even if they do, such schemes may not be interoperable with the EU system.
‘Without such guarantees, there is a significant risk that we will be introducing a mechanism of very little (if any) public health and budgetary benefit which runs counter to all business rationale.’
Erdős asked:
* ‘How can the Commission guarantee that the EU tobacco tracking and tracing system will be globally interoperable?’ and
* ‘What consultations are taking place with the WHO Framework Convention on Tobacco Control (FCTC) Secretariat and what internationally recognised standards are being taken into account for this purpose?’
August 15, 2017
Running out of steam
The number of smokers in Australia has increased for the first time since anti-smoking campaigns were ramped up a generation ago, casting doubt on the effectiveness of cigarette tax increases, according to a story by Adam Creighton for The Australian.
Creighton quoted Dr. Colin Mendelsohn, an expert in public health at the University of New South Wales, as saying that an unexpected standstill in the national smoking rate since 2013 combined with a rapid population growth had pushed up the number of regular smokers by more than 21,000 to 2.4 million.
Mendelsohn said Australia’s “punitive and coercive” policies to curb smoking had “run out of steam”.
“For the first time ever, there has been no statistically significant reduction in the smoking rate, and an increase in the number of smokers in Australia,” he reportedly told The Australian, noting the nation’s smoking rate was now higher than the US’ smoking rate for the first time in a decade. “This is despite plain packaging and the most expensive cigarette prices in the world.”
Mendelsohn said plain packaging and tax increases had worked better for younger smokers than for older smokers, noting regular smoking rates for 12-to-17-year-olds had halved to 1.5 percent during the past three years. “But we’re left with established, older smokers who can’t or won’t quit. The strategy of higher prices isn’t working for them,” he said.
A standard pack of Marlboro cigarettes averages $25.10 in Australia according to price comparison website Numbeo, compared with $14.80 in Britain, $8.50 in the US and $1.90 in Indonesia.
There was a law of diminishing returns associated with price increases, said Mendelsohn, and a lot of smokers were digging their heels in. High prices were fuelling a black market.
Meanwhile, Dr. Alex Wodak, director of the Australian Drug Law Reform Foundation, endorsed Mendelsohn’s analysis and concerns. “Australia is doing everything right in terms of tobacco control, but one key difference with the UK and USA, where smoking rates have dropped, is our hostility to e-cigarettes,” he said.
Creighton’s story is at: http://www.theaustralian.com.au/news/nation/more-smokers-lighting-up-despite-everincreasing-taxes/newsstory/190014e7306548c49fc372dabb5a0555.
August 15, 2017