Tag: Australia

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
PM to pay for PP challenge
In a heavily redacted ruling that was issued in March but made public on the weekend, the Permanent Court of Arbitration has directed Philip Morris Asia (PMA) to pay the Australian federal government an undisclosed sum in legal costs, according to a story in WA Today relayed by the TMA.
In December 2015, the Court dismissed PMA’s lawsuit challenging Australia’s ‘plain’ [standardized] packaging law, labeling it an ‘abuse of rights’.
The story said that ‘some sources’ believed the award against PMA could be as high as A$50 million (US$38 million), plus a percentage of the arbitration costs.
The company 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 11, 2017
Smokers out in the cold
Smokers in Canberra, Australia, will have 3,000 fewer places to indulge their habit from October 1, according to a story by Katie Burgess for the Canberra Times.
Smoking will be banned from public transport waiting areas, including bus stops, taxi shelters, train stations and – when they’re built – light rail stops.
The government is considering also extending the ban to other areas ‘children and young people gather’.
Under the new rules, those who smoke within five metres of public or privately-owned public transport waiting areas will be liable to a fine of up to $750.
However, areas on private land that fall within five metres of a bus stop are not covered by the ban. And cars driving within five metres of a bus stop would not be covered by the ban either.
According to the story, vaping at bus stops would also be banned under the changes.
Health Minister Meegan Fitzharris was quoted as saying that “more potential smoke-free areas” had been identified through a public consultation.
“Again we are looking at places where the public gather, particularly places where children and young people gather as well, but it’s really important we do what we can to encourage people who are already smoking to give up,” Fitzharris said.
“Evidence shows that smoke-free outdoor areas can reduce the exposure of children and young people to the role modelling of smoking and so help prevent smoking uptake.
“This also supports the ACT [Australian Capital Territory] government’s efforts to encourage public transport usage by ensuring Canberrans can breathe easy around our over 3,000 public transport waiting areas.”
June 28, 2017
WTO upholds plain packs
Australia’s standardized tobacco packaging law has been upheld by the World Trade Organization after a five-year legal battle, according to a story by Tom Miles and Martinne Geller for Reuters.
The Reuters story cited a Bloomberg news report that, in turn, cited ‘two people familiar with the situation’.
Although the WTO’s ruling is not expected to be made public until July, a ‘confidential draft’ said Australia’s laws were a legitimate public health measure, Bloomberg was said to have reported.
A spokeswoman for British American declined to comment on the ruling until it was made public, but suggested the complainants would keep fighting.
“As there is a high likelihood of an appeal by some or all of the parties, it’s important to note that this panel report is not the final word on whether plain packaging is consistent with international law,” she said.
A spokeswoman for Japan Tobacco also declined to comment on the ruling, but said the fact that the draft had been leaked was disconcerting and a breach of WTO rules.
“Such breaches completely undermine the integrity of the process, which has not yet run its full course,” she said.
The Reuters story said that the plodding pace of WTO decision-making prompted Australia, which had the backing of the World Health Organization, to complain that its challengers were deliberately stalling the proceedings, producing a ‘regulatory chilling’ effect on other countries wishing to follow its example.
Nevertheless, such a ruling from the WTO is likely to be interpreted as giving a green light for other countries to introduce similar laws in respect of tobacco products.
It could have implications also for other products deemed to cause health problems, such as alcohol, junk food and sugary drinks.
May 5, 2017
Another illicit crop busted
The destruction of a $9 million tobacco crop in rural Victoria shows illicit growers they cannot hide from the law, according to an Australian Associated Press story quoting the Australian Taxation Office.
The five-hectare crop was found at a property near Cobram on the New South Wales border in Victoria’s north last week.
The five tonnes of tobacco that would have been harvested from the crop was said to have an estimated street value of $9 million.
The ATO, assisted by Victoria Police, seized also three trucks and a tractor when they raided the property.
The tobacco was ploughed into the ground, making it worthless.
“This seizure further demonstrates that those who participate in illegal activity cannot hide,” ATO deputy commissioner Michael Cranston said on Monday.
It was said by AAP to be the fourth operation of its kind this year and the ninth in Australia since July 2016, with almost $48 million worth of tobacco destroyed in that time.
Last week, this website reported on a story by John Ellicott for The Land, which described how there had been six major leaf tobacco growing busts during the past six months.
May 2, 2017
Criminals growing their own
Although it is illegal to grow tobacco in Australia, where no commercial production licenses have been issued since 2006, the crop has again become the focus of a multi-million-dollar industry, according to a story by John Ellicott published in The Land.
Criminal syndicates, drawn to the illegal tobacco trade by the soaring prices of cigarettes, are said to have become involved in tobacco farming, and the Australian Taxation Office (ATO) has warned landholders about being approached by individuals wanting to grow tobacco on their farms.
“Whilst we continue to see small farm plots still being used to grow illicit tobacco [primarily in Victoria and New South Wales] we have also seen the emergence of the use of green houses in non-traditional tobacco growing areas,” an ATO spokesperson said.
“There are a number of syndicates involved in the domestic illicit tobacco industry and in some instances [they] have known links to organised crime.”
While smuggling is still the major source for illicit tobacco products entering the domestic retail market, the syndicates are turning more and more to growing their own.
The tobacco is often grown in large paddocks, in fairly open view of the public.
And this is perhaps one of the reasons why there have been six major seizures during the past six months.
On March 22, with the assistance of New South Police, the ATO executed warrants at a property in Cooma, New South Wales, where they destroyed 2,120 kg of leaf tobacco and 26.3 acres of tobacco plants with an estimated excise value of A$11.77 million.
On March 21, with the assistance of Victoria Police, the ATO executed warrants at a property in Macorna, Victoria, where they destroyed 100 kg of leaf tobacco and 15 acres of tobacco plants with an estimated excise value of A$5.8 million.
On January 31, the ATO executed warrants and seized and destroyed 980 kg of tobacco at a property in New South Wales, with an estimated excise value of A$530,000.
On January 17, with the assistance of Victoria Police, the ATO executed warrants at a property near Bacchus Marsh, Victoria, where they seized and destroyed four acres of tobacco plants with a weight of 3,053 kg and an estimated excise value of A$1.52 million.
On December 9, with the assistance of New South Wales Police, the ATO executed warrants at a property in Tahmoor, New South Wales, where they seized and destroyed 114,000 tobacco plants (seedlings) with an estimated excise value of A$8.7 million.
And on November 15, with the assistance of Victoria Police, the ATO executed warrants at a rural property in Eurobin, Victoria, where they seized – from a hot house – and destroyed 123,000 tobacco plants (seedlings) with an estimated excise value of A$10 million.
April 27, 2017
Prices taxing for vulnerable
A newly-published review of the literature concludes that cigarette tax hikes unintentionally harm the most vulnerable in society, according to a story by Salynn Boyles published on MedPage Today.
The review was conducted by Katherine T. Hirono, MPH, of the Center for Health Equity Training, Research and Evaluation in New South Wales, Australia, and Katherine Smith, PhD, of the University of Edinburgh.
In an interview with MedPage Today, Hirono cited research showing that the most disadvantaged smokers had the hardest time quitting, and the least access to resources to help them do so.
“At the population level tobacco taxes are very effective, but in every population there will be people who are not able to quit, and they tend to be the most vulnerable in a society,” she said. “What we have seen over time is that strategies that are effective at the population level can further harm these pockets of smokers.”
Hirono and Smith noted that the smoking rate in Australia was reduced from 24.3 percent in 1991 to 12.8 percent in 2013. But tobacco use, they said, remained much higher – closer to the 1991 levels – among the unemployed, incarcerated, mentally ill, homeless, and abusers of drugs or alcohol.
They cited a 2016 study from New Zealand, which found that low-income smokers who either couldn’t or wouldn’t quit the habit following large tobacco tax increases faced increased financial hardship, as did their families.
“Smoking is a coping mechanism for many who continue to smoke, even though that means they are having to go without other household items and even food,” Hirono said. “We can’t ignore this potential unintended consequence of large tax hikes for these smokers and their families.”
Hirono and Smith said that this increased economic burden had both ethical and health implications, “since financial hardship is a recognized determinant of poor health”.
Acknowledging that steep tobacco taxes are highly effective, Hirono and Smith argued that policy makers who proposed the taxes had an obligation to take steps to mitigate the equity concerns that arose from them.
The full story is at: https://www.medpagetoday.com/PublicHealthPolicy/PublicHealth/64764?xid=nl_mpt_DHE_2017-04-25&eun=g220600d0r&pos=1
April 26, 2017
Widow to be compensated
Photo by jocovett
A tribunal has found that the widow of a man who served with the Royal Australian Navy is entitled to compensation because the navy was partly responsible for his tobacco smoking, which was said to have led to his death in 2015, according to a story by Andrew Taylor for the Sydney Morning Herald.
Christopher Cooper began smoking shortly after he enlisted in the navy aged 15.
He lodged a claim for compensation in 2014, shortly before his death, stating his illnesses had been caused by smoking and exposure to passive smoking within a ship environment during his 23 years of military service.
His widow Bronwyn Cooper is entitled to compensation following the decision of the Administrative Appeals Tribunal that her husband’s smoking habit was caused by his military service.
‘The tribunal is satisfied that the deceased’s employment with the Royal Australian Navy did contribute to a significant degree to his smoking,’ it said.
April 18, 2017
Australia taxing the poor
Photo by M.J.H. photography
Tobacco tax increases in Australia that will see a pack of cigarettes retailing for A$40 might discourage smoking, but will end up having unintended consequences for financially poorer smokers, new research has shown.
‘According to our recently-published paper, low-income smokers who continue to smoke will have to spend more of their limited incomes on tobacco, potentially foregoing other household expenses, like food, a story in The Conversation said. ‘Poorer smokers will also be further stigmatised by continuing to smoke.
‘We argue that equity issues need to be considered when implementing tobacco tax increases, and revenue raised by tax hikes need[s] to be earmarked for helping low-income communities where smoking rates remain high.’
The Conversation piece (at https://theconversation.com/tobacco-tax-hikes-are-great-so-long-as-youre-not-a-poor-smoker-75211) goes on to describe how support for tobacco tax increases among public health experts is not universal, and that a report in the UK described how increasing tobacco taxes could increase health inequalities.
It describes too how the tobacco industry had pushed back against tax hikes, arguing that they led to increased smuggling and diverted enforcement efforts away from other crimes. This, and the industry’s argument that tax hikes harmed the poor, had led to the tobacco industry’s gaining non-traditional allies such as labour trade unions and police to campaign against tax increases.
While tobacco tax increases were good for the majority, The Conversation piece pointed out, it was necessary to ensure poor smokers didn’t bear the negative impacts.
April 12, 2017