Facing the Tobacco Industry`S Less Harmfull Products in Court

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 3 100

Daily snus-use (16-24) 20 Daily smoke or snus (16-24) Daily smokers (16-24) 0 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 Proportion of daily snus use. Men and women in different age groups

Eksponerings - forbudet

The Norwegian packages

7 Tobacco industry challenge on Plain Packaging – Swedish Match against the state of Norway

• 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 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 Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Illicit Trade Community Action

“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 Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Illicit Trade Community Action

Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Community Illicit Trade Action

Religious Leaders came out in support Vocal support in Parliament

Professional Organizations joined hands Public rallies and public petitions in support

Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Community Illicit Trade Action

Task Drafting Force Targeted advocacy- media, high level Targeted opinion makers and advocacy to General Education of the Targeted highest level specific policy tobacco industry tactics lobbying of religious leaders, makers, Economic Empowering communities policy Show of public and taxation to take action makers support studies Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Community Illicit Trade Action

Task Drafting Force Cigarettes released for sale in Sri Lanka in Millions

5500

5000

4500

4000

3500

3000 2500 - 30% 2000 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 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

Taxation, Plain Amendments Packaging Parliamentary Pictorial approval Warnings FCTC NATA Act

Protocol on Illicit Trade Community Action

Task Drafting Force Targeted advocacy- media, high level Targeted opinion makers and advocacy to General Education of the Targeted highest level specific policy tobacco industry tactics lobbying of religious leaders, makers, Economic Empowering communities policy Show of public and taxation to take action makers support studies 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

Disclosure of interest: None declared Timeline Malaysia progress in implementing Article 11

Malaysia ratified WHO FCTC Until present (2018)

1979 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014

Took 30 yrs Took 4 yrs

Text warning Pictorial Health New set of Pictorial Health “AMARAN KERAJAAN Warnings Implemented Warnings Implemented January MALAYSIA- MEROKOK January 2009 2014January 2009 MEMBAHAYAKAN KESIHATAN Health Warnings on Cigarette Pack in Malaysia 1979 January 2009 January 2014

+ Cigarette Pack Design in Malaysia Front-of-Pack Back of Pack

Size of PHWs ( 40% in 2009) & (50% Size of PHWs in 2014) (60%)

Malay Text English Text Cigarette Warning Warning Brand

Infoline

Pack Prohibit Selling Security Ink size to minor

Address & name of Warning that cigarette smoke manufacturer contains 4000 types of chemicals 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) Noticing pre = 51.4% June 2009 Noticing post = 67.2% From text on side to pictorial warnings: Increase of 15.8% 40% of front, 60% on back Not smoking cig pre = 21.2% Not smoking cig post = 54.6% Increase of 33.4%/

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 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

Australia’s plain packaging victory in the World Trade Organization

Implications for tobacco control and cancer prevention

Jonathan Liberman - Director of McCabe Centre for Law and Cancer

• Track ONE

Disclosure of interest: None declared

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)

Three

Tobacco use is a very serious public health problem. 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