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 (maizurahomar@hotmail.com),

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