ALLIANCE BULLETIN Framework Convention on Control Geneva, Switzerland Issue 18 18 March 2002

INB-4 MONDAY Failure is not an option Tobacco is personal. The grand- no country can fight tobacco market- mother wasting away from emphy- ing alone. Similarly, the power of taxa- Inside this issue: sema, hooked up to an oxygen tank. tion — a central element of national Her only consolation is watching her sovereignty — is difficult for any one granddaughters grow up. But she’s so country to defend against tobacco Public health and 2 addicted, she sneaks any- companies with no scruples about or- trade way — at the risk of burning down the ganising large-scale smuggling opera- house, granddaughters included. tions, as routinely occurs in Latin 3 Suing the tobacco Then there’s the classic late- America, Africa, the Middle East and industry marrying father: middle-aged, with other regions. young kids. Already had one heart at- Thus, the choice for delegations at La lutte africaine 4 tack, scared stiff of dying and leaving INB-4 is not one between national sov- contre l’industrie du the children without a father. Tries ereignty and meas- tabac and tries to quit, but just can’t do it. ures. The real choice is between Germans slammed 6 Or the woman who’s thinking of watching national sovereignty being getting a court order against her own further eroded by an extremely re- husband, because he won’t stop sourceful, highly virulent disease vec- around their asthmatic child. tor — the — or set- We cannot and should not forget ting international rules, in the spirit of this human side, these millions of multilateralism, that protect everyone. TODAY’S shattered existences, as we go about With determination, intelligence DELEGATE BRIEFING our work this week. But neither and daring, we can slow this epidemic. should we forget that tobacco is also And do so before the whole world big business: for a handful of compa- smokes like South Koreans, before the LAW AS A PUBLIC nies, addiction is a ticket to windfall whole world has the lung cancer rates profits. of Great Britain or the United States. HEALTH TOOL It is their role, as the vector of the If we fail, in a few decades tobacco tobacco epidemic, that has made to- will become the main source of pre- 18 March 2002 bacco control a necessary topic of in- ventable disease and death in coun- ternational law. If Philip Morris were tries where manufactured cigarettes 13:00 - 14:00 content to sell only in the US, British are still a marginal product at present. American Tobacco in Britain, Japan The financial and development costs of Check for room Tobacco in Japan, it might be possible this death toll will be huge; the human announcement for the rich, Northern countries — costs, larger still. where the modern plague of manufac- Excellent work was accomplished tured cigarettes began — to deal with at INB-3. As we get closer to the the problem at the national level. horse-trading phase, when dele- But these companies have long un- gates seek trade-offs and corri- derstood that their days are numbered dor compromises, we must at home, that their future lies in the not lose sight of the es- South. Barring vigorous, co-ordinated sential. There are action by the international commu- millions of lives nity, they will use all their tricks, their riding on Since the opening of the unlimited resources for hiring lawyers, whether or not we first working group for PR consultants, ad agencies, and lob- are up to the task. the Framework Conven- byists to outmanoeuvre governments Happy and pro- tion on Tobacco Control and flog their deadly product in every ductive INB-4! available forum. WELCOME BACK! on 25 October 1999, In an era when satellite TV and —Francis Thompson other transnational media make na- Non-Smokers’ Rights Asso- 9,639,000 tional boundaries increasingly porous, ciation (Canada) people have died from tobacco-related diseases. (At 9 am 18 March 2002) Today’s Weather: Cloudy with sunny periods, occasional showers High 13 ºC Low -6 ºC

Ensuring the supremacy of health over trade: how to strengthen the FCTC

Can the FCTC ensure that meas- Intellectual property Floor = ceiling ures to protect public health will not There are a number of potential Another set of problems may arise be sacrificed to trade agreements? conflicts between the FCTC and inter- from international trade agreement Much overlap exists between the national trade agreements. Many in- provisions that specify that countries FCTC and other treaties related to ternational trade agreements include cannot enact regulatory rules that are commerce, most importantly interna- intellectual property rules establish- more trade-limiting than those estab- tional trade and investment agree- ing mandatory protections for pat- lished by international standards. ments. To be effective, the FCTC ents, copyright, trademarks and trade For example, there is a consensus must include general principles that secrets. Tobacco companies may be among tobacco control advocates that public health takes priority over com- able to use intellectual property pro- the FCTC should include a prohibi- mercial interests, and that the FCTC tections to challenge country efforts tion on all tobacco advertising, mar- should prevail over competing inter- to: keting and promotion, or at least as national trade or other agreements. • Impose large warning labels far as permitted by national and re- Many international trade and in- (including images) or mandate gional constitutions. vestment treaties are ver strong, with plain paper packaging, on the However, if the FCTC contained tightly binding obligations on Member grounds that such rules violate provisions calling only for a partial states, strong enforcement mecha- the companies’ trademark intel- ban, it could be argued that under nisms, and aggressive rules on their lectual property rights. Tobacco the World Trade Organization or relation to national law and other in- companies have made just such other trade agreements, the FCTC ternational agreements. In general, arguments in Canada and else- partial ban was the most a country since such agreements are intended where. could do. If a country then sought to to promote trade, they seek to roll enact a complete ban, it could be vul- • Restrict use of terms such as back rules and regulations that nerable to challenge under WTO “mild” or “light,” claiming that would inhibit trade — even in a rules. these terms are part of their deadly, addictive product like to- The complete ban could be char- product name and thus merit bacco. acterized as discriminating against trademark protection. Japan Many governments and the FCA foreign companies that need to rely has made such an argument in have therefore argued that it is vital on advertising to build up market Europe, and Philip Morris is that the FCTC contain language share, and unjustifiable since it ex- making the same argument in specifying that, when it comes to to- ceeds the international standard. Canada (see sidebar). bacco, its rules should take priority • over international trade agreements. Require disclosure of ingredi- Solutions Unfortunately, the most effective ents, with the companies alleg- These potential problems are language proposed by countries on ing that such rules violate inter- avoidable, but only with careful draft- these issues does not appear in the national trade secret protec- ing of the FCTC. If these problems are current FCTC draft text. tions. not acknowledged and addressed di- rectly, they will almost surely work PPhiliphilip Morris tries to intimidate Canada out of banning “light” and “mild” eventually to undermine the FCTC, at least in part. Excerpts from a submission to Health Canada, January 2002:2002: In addition to establishing appro- priate guiding principles, each provi- Philip Morris believes that banning de- sion of the FCTC must be drafted so scriptive terms on tobacco packaging as to avoid being interpreted as a would violate Canada’s obligations under regulatory ceiling. Every standard or the North American Free Trade Agreement, near-standard should be framed ex- the World Trade Organization’s Agreement plicitly as a floor — using language on Technical Barriers to Trade and the such as “at least” or “countries shall, Agreement on Trade Related Aspects of at minimum, do X, but may do more.” Intellectual Property. The FCTC represents a historic The descriptive terms Canada seeks to ban opportunity to address one of the are contained in lawfully-registered Cana- world's great public health scourges. dian trademarks. Consumers understand It would be a tragedy if its potential these trademarks to designate distinct benefits were inadvertently under- mined by imprecise drafting that re- brands of low yield cigarettes with charac- sulted in it being subordinate to other teristic tastes and corresponding tar and treaties whose aims have far more to nicotine yields. do with protecting business than Prohibiting the use of these descriptive public health. terms would effectively ban the display of —Rob Weissman trademarks containing them. If enacted, Essential Action the proposed ban would therefore expro- priate and destroy the affected trademarks and brands in Canada as well as the sub- PM is fighting for the right to lie on stantial goodwill that accompanies them in behalf of its Canadian subsidiary, violation of both NAFTA and TRIPS. Rothmans, Benson & Hedges.

2 18 March 2002 INB-4 ALLIANCE BULLETIN Suing the Industry: A Public Health Perspective

At 13:00 today, WHO is sponsor- gers of smoking in an effort to im- that the tobacco industry, meeting in ing a briefing on “Law as a Public prove their litigation posture. a British castle in 1977, decided to Health Tool.” The briefing will fea- Last week it became known that extend it to the rest of the world. ture Roberta Walburn, the attorney the U.S. Justice Department has Pursuing this plan, they have lied to most responsible for the release of asked the court in the civil racketeer- legislators, public health authorities, millions of pages of incriminating ing case it is pursuing against the and ordinary citizens everywhere tobacco industry documents pres- industry to force compa- they do business, resulting in much ently on the Internet. nies, among other things, to: higher smoking rates than would In the United States, lawsuits • package their products only in otherwise have occurred. against the tobacco industry have black and white The most viable basis for tobacco already resulted in settlements with industry liability is the principle of • put graphic health warnings the 50 states totalling about $10 bil- “wrongdoer pays”. “Wrongdoer pays” on at least 50 percent of the lion per year in perpetuity, along has deep roots in every legal tradi- space of all tobacco advertis- with agreed-upon restrictions on the tion, and is the basis for the success- ing industry’s marketing practices, and • ful lawsuits against the tobacco in- funding for counter-advertising cam- end the use of “light” and dustry in the United States. paigns. “mild” to describe cigarettes Unlike “polluter pays”, a much There have been multi-million • withdraw point-of-sale adver- more controversial principle that dollar verdicts in several individual tising would make the industry responsible cases, leading the industry for the • eliminate sales of cigarettes in for the harm its products cause re- first time to publicly admit the dan- vending machines gardless of fault, “wrongdoer pays” makes the tobacco industry’s liability • pay for counter-advertising. turn on its behavior. SSuggestionsuggestions to improve trade text Article J presents an opportunity Perhaps it has already violated for the FCTC to ensure that law is The proposed guiding principle lan- the law in a particular country, caus- available as a public health tool in guage, should be deleted: ing individuals who would not other- every country. And this is only fair. “The Parties agree that tobacco wise have smoked to do so, thereby The history of the tobacco industry’s control measures shall be trans- resulting in unnecessary disease and misbehaviour is not restricted to the parent, non-discriminatory and early death. If so, it is liable for the United States. implemented in accordance with resulting financial harm – but only their existing international obliga- because of its own actions. A history of deceit tions” or It is difficult for the cigarette ex- In 1953 the American tobacco “Tobacco control measures should porting countries to make a princi- industry (including Philip Morris, not constitute a means of arbi- pled argument against extending BAT, and RJ Reynolds) met at the trary or unjustifiable discrimina- wrongdoer-pays liability worldwide. Hotel Plaza in New York, and agreed tion in international trade.” No country can credibly argue that never to tell the truth about the dan- wrongdoers, whoever they may be, gers of cigarettes, but instead to Bracketed language in the current should not be required to pay for the launch a “wholly positive” public re- text should be adopted: harm they foreseeably cause. lations campaign. “Priority should be given to meas- The Framework Convention This conspiracy, to lie about the ures taken to protect public should guarantee the right of citizens dangers of cigarettes, continued at health when tobacco control and governments in every country to least through the 20th century, and measures contained in this Con- bring lawsuits against misbehaving succeeded for decades in fooling leg- vention and its protocols are ex- tobacco companies for two reasons. islators, public health authorities, amined for compatibility with First, if people in the US can sue and ordinary citizens. As a result, other international agreements” a company for misbehaviour, it is regulation was delayed and weak- and only fair that people outside the US ened, and millions of Americans be- “Tobacco control measures taken can sue the same company for its gan and continued to smoke who to protect human health should misbehaviour in their own country. would not otherwise have done so. not be deemed as constituting a Second, if the tobacco companies The conspiracy was so successful means of arbitrary or unjustifiable fear massive civil liability for failing discrimination in international to obey the requirements of the trade.” Framework Convention or of national Language previously proposed, but laws, regulations, or “common law”, they are much more likely to obey not in the current FCTC draft, the law. should be reinserted: The proposals by Iran, Norway, “The devastating effect of the use and China provide a solid starting of tobacco products on public point for negotiations this week to health requires the implementa- guarantee that litigation is available tion of stringent measures, as set as a public health tool throughout forth in this convention, designed the world. to diminish tobacco use as far as feasible, and these measures, of —Richard A. Daynard necessity, should prevail over commercial interests and rights.”

ALLIANCE BULLETIN INB-4 18 March 2002 3 Interview avec le Pr. Daynard La lutte africaine contre l’industrie du tabac

[article tiré du bulletin mensuel de SOS-Tabagisme Niger] Quel est votre commentaire par rapport à une telle dé- Info-Tabac : Professeur, voue êtes un des grands dé- marche? fenseurs de la lutte antitabac dans le monde. Quelle analyse faites-vous des actions des firmes du tabac en Richard Daynard : SOS Tabagisme Niger a pris un pas Afrique? courageux (devant les tribunaux) afin de forcer les com- pagnies de tabac à se soumettre à la loi nigérienne Richard Daynard : Les compagnies multinationales du contre la publicité. Les compagnies de tabac ignorent tabac qui opèrent en Afrique suivent les mêmes procé- sans vergogne la loi nigérienne, avec des résultats terri- dures qu’ils ont utilisées avec succès à travers le bles : monde. Les femmes ne fumaient pas beaucoup en Amé- rique ou au Japon, mais les compagnies cigarettières Premièrement, les citoyens nigériens sont exposés à la ont changé cela à travers des campagnes de marketing publicité qui les encourage à adopter une dépendance et efficaces. Similairement, les femmes ne fument pas mortelle; beaucoup en Afrique, mais les compagnies montrent des femmes dans leur publicité en les encourageant à Deuxièmement, le respect pour la loi est sapée par l’ha- fumer. Les compagnies ignorent les lois nationales et les bilité qu’ont les compagnies cigarettières d’ignorer la loi. règlements qui limitent la publicité de cigarette; et d’une façon ou d’une autre, ils arrivent à éviter les sanctions J’espère que les magistrats du Niger vont suivre l’exem- gouvernementales. ple déjà établi par leurs collègues du Mali et condamner fort les firmes du tabac afin de sécuriser le peuple nigé- Info-Tabac : Vous êtes ici à Abidjan en tant qu’expert rien. pour aider les pays africains à comprendre certains as- pects de la Convention- Chart 1.5 Cigarette Consumption: Key Growth Markets cadre antitabac. Or un des Worldwide 1992-1999 points de controverse au % change in consumption cours de cette réunion d’Abidjan a été le principe de la responsabilité civile et 19.2% de la compensation. India 21.8% Alors, en tant que spécia- 23.2% liste de la question, quelle Indonesia 23.9% est votre position? 27.2% Canada 27.6% Richard Daynard : Je crois 33.3% que la CCLAT devrait conte- Pakistan 53.4% nir un langage fort à l’appui 65.9% des droits des individus qui sont blessés par des cigaret- Turkey 66.0% tes à obtenir une compensa- 0 10203040506070 tion de la part des produc- teurs de cigarettes. Je crois que la base de cette respon- Source: World Tobacco File, 4th Edition sabilité devrait être le prin- cipe reconnu universellement que le contrevenant de- vrait payer pour les dommages qu’il cause. Les cigaret- Info-Tabac : Votre mot de la fin. tiers ont menti aux gouvernements; à d’autres autorités de la santé publique; et au public en général en Afrique Richard Daynard : Pendant que les compagnies de ta- ainsi que dans le reste du monde sur les dangers asso- bac ont de fortes ressources financières et un pouvoir ciés à la consommation de leurs produits. Ils devraient politique à travers le monde, des ONG courageuses être rendus financièrement responsables pour les dom- comme SOS… ont l’habilité d’obtenir des résultats in- mages qui résultent aux Africains ; de la même façon croyables grâce à leur détermination, travail dur, straté- qu’ils ont été rendu responsables face aux fumeurs ma- gies imaginatives et un peu de ressources. Je me réjouis lades aux Etats-Unis. Ceci n’est pas seulement juste, d’avance de vos futurs succès. Je me réjouis aussi de la mais ça les force à respecter les lois nationales contre la position du groupe AFRO-OMS par rapport à la Conven- publicité afin d’éviter des procès futurs. tion-cadre de lutte antitabac; l’Afrique se présente tou- jours unie lors de la session de négociation de cette Info-Tabac : SOS Tabagisme-Niger, une petite ONG ni- convention contrairement aux groupes des autres ré- gérienne, vient d’assigner cinq firmes du tabac devant la gions. justice nigérienne.

4 18 March 2002 INB-4 ALLIANCE BULLETIN FCA MEMBER ORGANISATIONS

Action Council Against Tobacco CNCT (French Committee for Smok- International Union Against Tubercu- Control Alliance (India) ing Prevention) losis and Lung Disease St. Lucia Cancer Society Action on Smoking and Health Coalition For A Tobacco Free Palau IOGT Regional Council for South and Sudan Committee for the Control of (Australia) Coalition for Tobacco-Free Trinidad South East Asia Tobacco Consumption Action on Smoking and Health and Tobago Iranian Heart Foundation Swedish Dentistry against Tobacco (Finland) Community Health Cell (India) Isfahan Cardiovascular Research Cen- Swiss Association for Smoking Pre- Action on Smoking and Health Conselho de Prevencão do Tabagisme tre (Iran) vention (Ireland) (Portugal) Israel Cancer Association Tanzania Public Health Association Action on Smoking and Health Consumer Education and Research Janak Memorial Services Centre The Environmental Action Network (London) Centre (India) (Nepal) (Uganda) Action on Smoking and Health (New Consumer Watch (Kenya) Japan Association Against Tobacco Tobacco Free Coalition (USA) Zealand) Consumers Association of Malawi Japan Coalition on a Smokefree Envi- Tobacco Law Project (USA) Action on Smoking and Health (Papua Consumers Association of Penang ronment Tobacco-Free Las Cruces Coalition New Guinea) (Malaysia) Japan Medical-Dental Association on (USA) Action on Smoking and Health Consumers International Regional Tobacco Control Toombak and Smoking Research Cen- (Scotland) Office for Asia and the Pacific (CI- Kaunas Abuse Help Centre for Youth tre (Sudan) Action on Smoking and Health (USA) ROAP) (Lithuania) Transnational Resources and Action Action on Smoking and Health Foun- Croix Bleue de la République démoc- Korean Association on Smoking and Centre (USA) dation (Thailand) ratique du Congo Health (KASH) Turkish Committee on Tobacco or Adventist Development & Relief Czech Coalition Against Tobacco Lithuanian Association of Non- Health Agency (ADRA) (Mongolia) Czech Committee of European Medi- smokers London School of Hygiene Uganda Consumers Protection Asso- Adventist Development and Relief cal Association Smoking OR Health and Tropical Medicine ciation Agency (ADRA) (Cambodia) Medical Women's International Asso- UICC Globalink Advocacy Institute (USA) Environmental Rights Action (Nigeria) ciation UICC International Union Against Aer Pur Romania Essential Action (USA) Mouvement Anti-Tabac du Sénégal Cancer African Centre for Empowerment and European Heart Network Mouvement National des Consomma- Unitat de Tabaquisme Corporacio Gender Advocacy (Kenya) European Medical Association on teurs (MNC) (Cameroun) Sanitaria Clinic (Spain) Alcohol and Drug Information Centre Smoking and Health Mutuelle Sociale de Santé (MSS) Vietnam Standards and Consumer (Sri Lanka) European Network for Smoking Pre- (Cameroun) Association Alcohol and Drug Information Centre vention National Council Against Smoking Women Against Tobacco Association (Ukraine) European Respiratory Society (South Africa) (Bulgaria) American Cancer Society European Union of Non-Smokers National Heart Foundation (Australia) Women's Environment and Develop- American Heart Association FDI World Dental Federation Network for Consumer Protection ment Organisation American Lung Association Framework Convention Alliance Phil- (Pakistan) Work for a Better Bangladesh American Public Health Association ippines New South Wales Cancer Council Working Group or Prevention and Apärangi Tautoko Auahi Kore (Maori Georgian Medical Association (Australia) Treatment of Tobacco Dependence, Smokefree Coalition) (New Zealand) Georgian National Counter Tobacco Non-Smokers' Rights Association — Czech Medical Association Argentine Union Against Tobacco Center Association pour les droits des non- World Assembly of Youth Asociación Española contra el Cancer German Cancer Research Centre fumeurs (Canada) World Federation of Public Health Association for Consumers Action on German Coalition Against Smoking OxyGenève Associations Safety and Health (ACASH) (India) German Coalition Against Smoking Pakistan Society for Cancer Prevention World Heart Federation Associação Moçambicana de Saúde German Medical Action Group Smok- PATH Canada World Vision International Pública (AMOSAPU) ing and Health Philippine Cancer Society Zuna Women's Operation Green Association of the European Cancer German Medical Association Physicians for a Smoke Free Can- (Zimbabwe) Leagues Grupo Universitario Anti-Tabáquico ada — Médecins pour un Canada sans Association pour la Défense des Droits (Uruguay) fumée des Consommateurs (Tchad) Health 21 Hungarian Foundation Public Health Initiative Association Togolaise pour la Défense Health Related Information Dissemi- (Philippines) du Consummateur (ASTODEC) nation Amongst Youth (HRIDAY) Public Services International Association Togolaise De Lutte Contre (India) REDEH-CEMINA - The FRAMEWORK L’Alcoolisme et les Autres Toxicoma- Heart and Stroke Foundation of Can- Network in Defense of Hu- nies (ATLAT) ada—Fondation canadienne des mala- mankind (Brazil) CONVENTION Association VISA – Vie-Santé (Life- dies du cœur Robert Wood Johnson Foun- Health) (Mauritius) Heart Foundation of Barbados dation (USA) Association Women Against Tobacco Hellenic Cancer Society Russian Public Health Asso- ALLIANCE (Bulgaria) Hong Kong Council on Smoking and ciation Bangladesh Anti-Tobacco Alliance Health San Francisco Tobacco Free The Framework Convention Alliance Bons Templiers Congolais (Congo) Hungarian National Tobacco Control Coalition (USA) (FCA) is an alliance of NGOs from British Medical Association Forum Saudi Charitable Anti- around the world working to achieve British Medical Association - Tobacco Indonesian Association of Pulmonolo- Smoking Society Control Project gist School of Preventative On- the strongest possible Framework Campaign Against Foreign Control of Indonesian Smoking Control Founda- cology, Patna (India) Convention on Tobacco Control. Aotearoa (NZ) tion Sindicato Médico del Uru- Views expressed in the Alliance Campaign for Tobacco Free Kids INFACT (USA) guay Bulletin are those of the writers and (USA) International Non-Government Coali- Smoke free Pacific Action do not necessarily represent those of Canadian Cancer Society tion Against Tobacco (INGCAT) Network (SPAN) (New Zea- the sponsors. Cancer Foundation of Western Austra- InterAmerican Heart Foundation land) lia Interfaith Center on Corporate Respon- Smokefree Coalition (New c/o Belinda Hughes Cancer Institute (India) sibility Zealand) 36/2 Pradipat Soi 10, Pradipat Rd. Cancer Society of Finland International Agency on Tobacco or Social Needs Network Samsen Nai, Phayathai, 10400 Centre for Tobacco Education and Health (IATH) (Kenya) Bangkok, Thailand Development (CTFED) (Kenya) International Council of Women Society for Research on Centre of Information and education International Federation of Medical Nicotine and Tobacco (USA) FAX (66-2) 278-1830; TEL (66-2) 278- for Drug Abuse Prevention (Peru) Students Association SOS Tabagisme (Mali) 1828 Chinese Progressive Association International Network of Women Soul City (South Africa) [email protected] (USA) Against Tobacco Southeast Asian Tobacco www.fctc.org

ALLIANCE BULLETIN INB-4 18 March 2002 5 Arrogant Germany isolated and cornered on advertising

Just when you thought it bacco advertising would be sensible state would behave in couldn’t get any worse, Germany’s banned up to the limits imposed such a crude and bullying way FCTC position has just deterio- by a domestic constitution — an and risk exposure in the newspa- rated still further. Surprised? You approach favoured by the Frame- pers. thought that was impossible...? work Convention Alliance of NGOs. All of it shows that Germany is Well Germany’s politicians will al- This would allow a progressive EU not simply protecting its own in- ways find a way to pay back the position and deal with Germany’s terests, but actively promoting the tobacco industry for its financial supposed problem ... but Germany tobacco industry’s interests at the support of the main political par- is still resisting furiously. Why? It expense of European unity. As the ties — and this is what we are wit- can only be because they want to saying goes, “who pays the piper nessing at the start of INB-4. support the tobacco industry out- call the tune...” In refusing to agree to the Feb- side Germany as well as inside. Sadly, despite a highly progres- ruary Warsaw declaration calling Because of the new proposal sive position adopted by a large for a ban on tobacco advertising, backed by the progressive, Ger- majority its states, the EU contin- Germany claimed it can’t agree many is now isolated, cornered ues to present the position of its because its constitution guaran- and outmanoeuvred by the rest of last surviving dinosaur — Ger- tees ‘free speech’ to tobacco com- the EU and so it is beginning to many. Why is so much EU good- panies. In reality, that’s a self- fight dirty. There have even been will suppressed under the useless, serving and flawed argument, but unkind rumours suggesting Ger- negative and commercially influ- it is the excuse the German gov- many is trying to buy support enced attitude of one member ernment uses. from other EU countries by prom- state? Despite fine words from In contrast, the majority of EU ising to protect their tobacco sub- Commissioner Byrne, the EU still states have moved to a much more sidies and threatening smaller seems to force the worst positions positive position since INB-3. states at Ambassador level and forward whatever its majority They have formed a progressive higher. Obviously such rumours wants. proposal in which all forms of to- cannot be true – no respectable or —Clive Bates, ASH UK

WWhichhich country might EU Commissioner “Because for our citizens, renewing the politics David Byrne mean? of health, is about restoring thehealth of our politics. And for me, where you stand on to- “…frankly I find it impossi- bacco control is the bottomline. ble to understand how some Member States con- “…[I]sn’t it ironic - to see an industry citing tinue to block solutions to “freedom of speech” -when its own products rot this deadly problem. How the tongues is it possible that Govern- and mouths ments whose first duty is of its con- Dirty Award the protection of their citi- sumers to a zens’ well-being, will block stony pre- The Zigarettenrepublik and obstruct and even liti- mature si- Deutschland, for living gate, rather than put their lence.” up to its horrid reputa- citizens’ health first? tion for defending the to- bacco indus- workload for Working Group 1 try’s efforts to In an effort to more evenly distribute workloads between recruit new INB’s three Working Groups, three items have been moved from WG1. customers.

Two are being transferred to Working Group 2: Orchid Award • Elimination of sales to and by young persons (I.8-12) • Research (K.2) David Byrne, for having the cour- One central item is being moved to Working Group 3: • Advertising, promotion and sponsorship (G.2-4). age to say it like it is.

6 18 March 2002 INB-4 ALLIANCE BULLETIN