Category: Regulation

Jail for misplaced smokers
The firm implementation of Jordan’s Public Health Law is the cornerstone of achieving a reduction in tobacco consumption and, thereby, a healthier society, according to a story in The Jordan Times quoting ‘experts’ who met on Thursday.
Referring to a newly-amended law that bans smoking in public places, the Health Ministry’s spokesperson Hatem Azrui said that more institutions were showing commitment to complying with such regulations and that anti-tobacco efforts were becoming more serious.
Recent amendments to the law have introduced harsher penalties for those who smoke in public places, including imprisonment for one to three months or a fine of JD100-JD200.
The owners of facilities where smoking violations take place, meanwhile, are liable to fines of JD1,000-JD3,000.
The recent amendments to the law have changed, too, the definition of a public place, bringing it into line with that of the World Health Organization’s Framework Convention on Tobacco Control.
July 17, 2017
Jail for uniformed smoker
An Interior Ministry officer in Kuwaiti has been sentenced to 20 days in jail for smoking shisha in café while wearing his uniform, according to a Gulf Digital News story citing a report in the Al Rai newspaper.
The officer was caught on a Smartphone picture as he was relaxing at a café in Al Farwaniya and smoking the shisha in breach of ministry regulations.
His picture was said to have gone viral on social media, triggering the ministry to act immediately.
Inspectors located the shisha café and caught the man red-handed within minutes.
The Assistant Undersecretary for Security Affairs lieutenant-general Ibrahim Al Tarrah was said to have given orders for the officer to be jailed for 20 days as a disciplinary measure.
July 17, 2017
Tracking questions
The Hungarian MEP Norbert Erdős has asked the EU Commission whether tobacco producers may continue to introduce their tobacco-products tracking and tracing systems.
In a preamble to two questions, which are due to be answered by the Commission in writing, Erdős said that though the new Tobacco Products Directive (TPD) entered into force more than three years ago – on 18 May 2014 – the Directorate-General for Health and Food Safety (DG SANTE) planned to adopt, ‘experimentally and only by the end of this year, the delegated and implementing acts intended to bring into effect Article 15 on traceability and Article 16 on security features’.
‘This means that the Commission has spent more than three and a half years drafting the outline of the legislation regulating the introduction to the technical specifications, which leaves only 18 months for member states, the industry and distributors to carry out the work needed for them to comply with the legislation,’ he said.
‘The Commission has previously declared that member states need not wait for the delegated and implementing acts and that member states and industry operators may start the work needed for them to comply with the requirements specified in the TPD.’
Erdős asked:
1. ‘Does that mean that tobacco producers may continue the introduction of their tracking and tracing systems?’ and
2. ‘Can the Commission confirm one of the conclusions of the Commission’s communication of 6 June 2013 (COM (2013) 324 final) that “the measures implemented by the four big manufacturers under the co-operation agreements, such as tracking and tracing of tobacco products, due diligence in relation to customers and prevention of money laundering, have clearly led to a significant reduction in the presence of these companies’ products on the illicit market”?’
July 14, 2017
DIY smoking ban
The Philippines’ Department of Health (DOH) said today that a nation-wide smoking ban would take effect on July 22, according to a story in The Sun Star.
The ban is based on Executive Order (EO) 26 signed by President Rodrigo Duterte.
During a press briefing, DOH spokesman Dr. Eric Tayag said the public, businesses and other affected establishments were being advised to start preparing for the implementation of the EO or else risk being among the first offenders to be penalized.
“Those who won’t be able to comply with the requirements of the ban, you could be the one that will be made as an example offender,” Tayag was quoted as saying.
The spokesman urged businesses and establishments to put up no smoking signs that were at least 8 inches by 11 inches in size, and with the no-smoking symbol occupying 60 percent of the sign.
And he said they should display also designated-smoking-area signs that included graphic health warnings.
Tayag said that “having” the Implementing Rules and Regulations (IRR) for EO 26 was not necessary for the nationwide smoking ban to take effect.
“Having an IRR is not necessary for implementing the ban,” he said. “But we still hope to come out with it as soon as possible so that some of the provisions of the EO will become clearer”.
July 14, 2017
France is smoking
The EU Commission has been asked whether it has any recommendations on how to reduce smoking in France where, apparently, despite strict anti-tobacco policies, smoking rates are high.
The French MEP Mireille D’Ornano said in a preamble to two questions that the Commission is due to answer in writing 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?’ and
2. ‘Does the Commission intend to take ambitious measures against cross-border tobacco tourism and the sale of smuggled cigarettes?’
July 14, 2017
Tobacco’s ‘dirty war’
British American Tobacco and other multinational tobacco firms have threatened governments in at least eight countries in Africa demanding they axe or dilute the kind of protections that have saved millions of lives in the west, according to a story by Sarah Boseley for The Guardian.
The story, Threats, bullying, lawsuits: tobacco industry’s dirty war for the African market, is the first instalment in a series of reports that the UK-based newspaper is due to run under the heading, Tobacco: a deadly business.
Boseley said that BAT was fighting through the courts to try to block the Kenyan and Ugandan governments’ attempts to bring in regulations to limit the harm caused by smoking.
The company hoped to boost its markets in Africa, which had a fast-growing young and increasingly prosperous population.
‘In one undisclosed court document in Kenya, seen by the Guardian, BAT’s lawyers demand the country’s high court “quash in its entirety” a package of anti-smoking regulations and rails against what it calls a “capricious” tax plan, Boseley said. ‘The case is now before the supreme court after BAT Kenya lost in the high court and the appeal court. A ruling is expected as early as next month.
‘BAT in Uganda asserts in another document that the government’s Tobacco Control Act is “inconsistent with and in contravention of the constitution”.
‘The Guardian has also seen letters, including three by BAT, sent to the governments of Uganda, Namibia, Togo, Gabon, Democratic Republic of Congo, Ethiopia and Burkina Faso revealing the intimidatory tactics that tobacco companies are using, accusing governments of breaching their own laws and international trade agreements and warning of damage to the economy.
‘BAT denies it is opposed to all tobacco regulation, but says it reserves the right to ask the courts to intervene where it believes regulations may not comply with the law.’
Meanwhile, The Guardian said that its series of tobacco reports was focused on the damage caused by the tobacco industry, which continued to endanger the lives of millions of the world’s most vulnerable people
‘This content is funded by support provided, in part, by Vital Strategies with funding by Bloomberg Philanthropies,’ the newspaper said. ‘Content is editorially independent and its purpose is to shine a light on both the tobacco industry and the world’s most vulnerable populations, who disproportionately bear the brunt of the global health crisis resulting from tobacco consumption.
‘Although tobacco consumption remains one of the world’s greatest health threats, media coverage has decreased as the sense of urgency to address the issue has waned. This investigative reporting series seeks to renew the focus on tobacco consumption and deaths worldwide, contextualised through the duel [sic] lenses of global inequality and health.
‘All our journalism follows GNM’s published editorial code. The Guardian is committed to open journalism, recognising that the best understanding of the world is achieved when we collaborate, share knowledge, encourage debate, welcome challenge and harness the expertise of specialists and their communities.
Unless otherwise stated, all statements and materials posted on the website, including any statements regarding specific legislation, reflect the views of the individual contributors and not those of Vital Strategies and/or Bloomberg Philanthropies.’
Boseley’s piece is at: https://www.theguardian.com/world/2017/jul/12/big-tobacco-dirty-war-africa-market.
July 13, 2017
Poised to ban smoking
Tunisians will not be able to smoke tobacco in public places for much longer if the Health Minister Samira Merai has his way, according to a story in The Middle East Monitor.
The Monitor report said that a new tobacco-control bill was due to be proposed at a ministerial council that will take place ‘in the next few days’.
The bill would include a smoking ban in public places and a limit on tobacco advertising.
The incidence of smoking among Tunisia’s male population is estimated at 50 percent, a rate that is considered ‘very high’ within the Middle East and North Africa region.
And, according to the World Health Organization, that incidence is likely to increase during the next 10 years.
Habib Ghedira, who is said to be responsible for implementing the new strategy, drawn up jointly by the ministry of health and the WHO, said the smoking incidence has not declined despite the ministry’s efforts.
“The prevalence of smoking remains very high among students – 20 percent,” Ghedira was quoted as saying. “That is why a national participatory tobacco control strategy has been put in place.”
Ghedira said the new strategy essentially planned to detoxify public places, including ministries, hospitals and schools. The objective, he said, was to guarantee the right of non-smokers not to be affected by smokers.
July 13, 2017
E-liquid policy must change
The head of the Australian Drug Law Reform Foundation has told a federal parliamentary committee that the country’s policy on e-liquids must change, according to an Australian Associated Press story.
Electronic cigarettes are licit products in Australia but the sale and possession of the nicotine used in them is illegal.
Dr. Alex Wodak, a retired doctor, cited a major study by a public health agency in England that found electronic cigarettes were about 95 percent safer than were combustible cigarettes.
Australia should facilitate easy access to a diverse range of products, such as flavoured nicotine liquids, that would appeal to smokers who wanted to quit, he said.
“It’s very important, in harm reduction and public health generally, to have your intervention [be] attractive to the people most at risk,” he said.
“I think having a vibrant vaping community network, through the distribution of vaping shops, is very important from a public health perspective.”
Meanwhile, Colin Mendelsohn, an associate professor in the School of Public Health and Community Medicine at the University of NSW, said Australia’s policy focus on abstinence when it came to smoking was naive in the face of another option: harm minimisation.
“The reality is that many smokers are unable or unwilling to quit,” said Mendelsohn, who is a GP and tobacco treatment specialist helping smokers to quit. “We can’t just sacrifice them.”
The committing is hearing from experts about how the health risks of electronic cigarettes and combustible products compare, and how such products should be regulated.
The AAP story is at: http://www.sbs.com.au/news/article/2017/07/12/doctors-plead-e-cigarette-reforms.
July 13, 2017
Non-disclosure “absurd”
Part of a recent ruling by the Permanent Court of Arbitration has exposed the unacceptable nature of the international tribunal system’s Investor-State Dispute Settlement (ISDS) provision, according to story in Scoop, relayed by the TMA and quoting a trade and investment expert.
As was reported here yesterday, the Court on the weekend made public a heavily redacted ruling ordering Philip Morris Asia (PMA) to pay the Australian government an undisclosed sum in legal costs relating to its failed case against the country’s plain [standardized] packaging law.
While generally welcoming the court’s decision, the Australian Fair Trade and Investment Network (AFTINET) convener Dr. Patricia Ranald said that it was “absurd and unacceptable” for the tribunal not to disclose the amount of the costs – something the Australian public had a right to know.
This non-disclosure “exposes the unacceptable nature of the international tribunal system known as Investor-Disputes (ISDS), which enables global corporations to bypass national courts and sue governments in international tribunals over public health and other public interest laws”, she was quoted as saying.
ISDS tribunals lacked the proper legal safeguards present in national court systems, having no independent judiciary, precedents or appeals, while enjoying wide discretion, she said.
AFTINET, which is a network of community groups, has called on the government to release the costs of the PM case immediately, and to oppose the inclusion of ISDS in all trade agreements.
Although the amount of the award has not been made public, there has been speculation that it is about $50 million (US$38 million), plus a percentage of the arbitration costs.
PMA reportedly argued that Australia’s claim for costs was ‘excessive’ given that its legal team ‘consisted primarily of public servants’, and that it was well above what was claimed by Canada (US$4.5 million) and the US (US$3 million) in similar investment disputes.
The Australian government said its claim, which included the cost of its own lawyers, outside counsel, expert reports and witnesses, plus travel and accommodation, was justified, and the court agreed. The court found that the Tribunal ‘does not consider that any of these costs claimed by the respondent were unreasonable and should not have been incurred’.
July 12, 2017
Tobacco hospitals opposed
A recent move by the Karnataka health and family welfare department exploring the possibility of its entering a partnership with a tobacco company to build speciality government hospitals has sparked opposition among public health activists, according to a story in The Times of India.
In an e-mail dated April 18, Shalini Rajneesh, the principal secretary of the department, wrote to Anil Rajput, senior vice president, corporate affairs, at ITC, outlining the government of Karnataka’s plan to build five ‘super speciality hospitals’ and the opportunity for private companies to partner the government in this initiative.
‘As discussed, we are planning to set up five super speciality hospitals in five districts of Karnataka,’ the e-mail was reported to have said.
‘We plan to build the hospital and invite PPP partners to come with doctors and equipment to run the hospital.
‘The government will pay for the patients as per package costs pre-decided with a group of doctors both from the government and the private sector…
‘May I request you to put up this proposal before the ITC board, as early as possible?’
Public health activists have termed the move a clear case of a conflict of interests.
In opposing the initiative, one unnamed activist was said to have quoted Article 5.3 of the World Health Organization’s Framework Convention on Tobacco Control.
Meanwhile, anti-corruption activist Ravi Krishna Reddy said such partnerships allowed the tobacco industry to make inroads into the health sector and influence government decisions.
“The Karnataka government itself, recognizing WHO guidelines, issued a circular in the past that government and elected officers shall not participate in tobacco industry related events,” he said.
“The recent move by the Karnataka health department to partner a tobacco firm now is a breach of public trust and a case of conflict of interest – as the tobacco firm gains close access to decision making authorities dealing with tobacco control.”
Asked about the move, Rajneesh said no decision had been taken by the government to partner with ITC to build government hospitals.
“Following a cabinet decision to build five super speciality hospitals in five districts, we are exploring various financial models to implement the project, and PPP is one of them,” she said.
July 12, 2017