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a minimum of €10 000 (US$13 700) to News analysis charitydabout half the amount the company ’s chief executive received for his company car and health insurance in 2008. WORLD: DISASTERS ARE ‘BRAND AID’ Another recent example indicates OPPORTUNITIES FOR TOBACCO thatdwith the right schemedpositive ’ Philip Morris subsidiary Sampoerna s publicity can be generated with almost no sponsorship of a rescue camp for evacuees upfront investment. Swedish Match from the slopes of the erupting Mount recently reported a cash donation to The Merapi in Java highlights how the tragi- Salvation Army in response to Australia’s comedy of tobacco industry corporate 2009 wildfire disaster, the worst in a quarter social responsibility thrives in disaster-hit of a century. When asked about the size of regions of the world. Sampoerna is the donation, a spokesperson for the reported to have paid for the camp, its aid Charity reported that they had received Aus workers, who wear red and black $500 (US$470) or one ten thousandth of uniforms with company logos, and the a per cent of the company’s operating profit. branded four-wheel drive cars and trucks In 2001, Philip Morris’s spend on that are parked on its perimeter. advertising its charitable donations was The team is one of several aid efforts reported to exceed the donations them- organised by large Indonesian corporations selves. These recent examples indicate ’ World: a display at the 2009 Tax Free World in response to Merapi s most violent erup- Association World Exhibition in Cannes, France, that maximising reputational and political tions for over 80 years. Early reports put the showing the total of funds to be donated by capital from its community investments death toll at more than 250 people, with Imperial Tobacco for victims of floods in continues to guide tobacco industry a further 150 000, mainly rural peasant Pakistan and India. The company pledged to philanthropy. farmers, reported to have been displaced. make a donation for every entry into a draw by GARY FOOKS, SILVY PEETERS Aid workers claim that Indonesia’s those attending the exhibition. National Disaster Management Agency University of Bath, UK was unprepared to cope with the large [email protected] in other sectors are on record as saying that numbers displaced, providing corporate they provide a great opportunity to work USA: NEW HEALTH WARNINGS UNVEILED disaster relief teams with an ideal opport- with non-governmental organizations unity to augment the government’s efforts After years of lacklustre performance on (NGOs) who would otherwise be opposed to house, clothe and feed evacuees. tobacco control policy at the federal level, to working with businessdsomething the Representatives of the companies the United States has published a collection http://tobaccocontrol.bmj.com/ tobacco industry has been trying to do working on the mountain are reported to of proposed graphic health warnings with mixed results for the best part of have said that their efforts are entirely which, if adopted, could bring the country a decade. altruistic, and have rejected suggestions that up to speed with others. Unveiling 36 Sampoerna’s decision to brand its aid also they are blurring the boundaries between aid underlines the emphasis tobacco compa- and marketing. Local residents, however, nies place on getting the highest returns on remain unconvinced and have questioned their CSR investments. In September 2009, why the companies can’t just use unbranded Duty Free News International (DFNI) vehicles and clothes. This is a fitting ques- online reported Imperial Tobacco’s plans to tion in a country where tobacco kills an launch a charity initiative at the 2009 Tax estimated 200 000 people each year and Free World Association World Exhibition in where three-quarters of Indonesian smokers on September 29, 2021 by guest. Protected copyright. Cannes. Imperial invited suppliers to the are thought to start before the age of 19. stand to enter a draw to win a luggage set, Donations for crises help tobacco promising €50 (US$67) to victims of the companies in a number of ways. They can recent floods in Pakistan and India each enhance a company’s reputation with time someone took part. DFNI’s readers smokers and non-smokers alike and create were told of a special wall display which goodwill among influential groups, such as would show the ongoing donation total. journalists and policymakers. Companies Imperial Tobacco director, Graham Bolt, was also given an opportunity to represent his company as a leading philanthropic voice in the exotic world of travel-retail. ‘The travel-retail industry’, he said, had This paper is freely available online under the BMJ “ Journals unlocked scheme, see http://tobaccocontrol. always been generous and responsive to bmj.com/site/about/unlocked.xhtml people that are affected by natural disas- ters and we ask all our partners to consider ” All articles written by David Simpson those less fortunate in their time of need. unless otherwise attributed. Ideas and To reassure its readers that this was no USA: two of the new tobacco health warnings items for News Analysis should be sent scam and that Imperial was paying a fair for packaging and advertisements published to: [email protected] sum for the publicity, DFNI reported that by the Food and Drug Administration for the company had pledged to donate consultation.

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messages with coloured images in ‘honoured’ by Cambodia and Egypt’s Omar allocation of tobacco deaths per tobacco November, each with the main message Sharif by South Korea. A fictional heroine retail outlet would seem a natural exten- printed in two ways, the Food and Drug also made the grade, with Vladimir Nabo- sion. Indeed, it is an obvious public Administration (FDA) opened a 2-month kov’s Lolita featured on an eye-catching advocacy tool where national retail asso- period of public comment to help deter- pack in the author’s native Russia, home ciations appear, as in so many countries, mine which nine would comprise the initial also to the Laika brand, named after the first to act as a conduit for anti-health propa- series to be rotated on tobacco packaging dog in space. But a Florida man may have ganda and lobbying on behalf of the big and on tobacco advertisements. The final set the bar far higherdor lower, depending tobacco manufacturers. regulations requiring the warnings must be on one’s perspectivedwith the recent In France, however, exactly such an completed by 22 June 2011, with the new launch of Bama’s cigarettes in five states. exercise has resulted in a case that has health warnings on packages and adver- The pack design, with the lower-case shocked not just public health workers, but tisements 15 months later. ‘bama’s’ lodged inside a giant O, leaves campaigners for justice in France and The FDA says that the new warnings, little doubt of the cheeky intent to further afield. French healthcare profes- some of which include use photographic highlight the US President’s apparently sional Gérard Dubois, professor of public images and others cartoon-style artwork, unresolved nicotine addiction. health at Amiens University Hospital and will be the most significant change in more Rob Klotzback, one of the brand’s three a 2008 recipient of his country’s highest than 25 years once final choices have been creators, feigns innocence, claiming no civil or military honour, the Legion made and they are in operation. They are political connection, but admits, “Some d’Honneur, was sued in late 2009 by the part of a broader strategy to help tobacco people get mad and that’s their opinion. French tobacconists’ association, Conféd- users quit and prevent children from And some people just get the funniness of ération des Buralistes, after stating on starting, which includes, for those in it.” He argues the name is simply “easy to television that cigarettes kill two smokers private and public health plans, access to remember, the packaging is pretty attrac- per year for every tobacconist. Although he recommended preventive care, such as tive and it’s a good smoke.” won the case, it has been taken to appeal. cessation programmes, at no additional Klotzback hasn’t gone so far as to send Ironically, Professor Dubois received cost. In addition, $225 million has been a complimentary pack to the US president, a ’Knowledge for the World’ award in the allocated to support local, state and but he certainly earned some free publicity United States from the Johns Hopkins national efforts to promote comprehensive by sticking an appealing namedto somed Alumni Association for activities involving tobacco control and expand tobacco on the same old deadly product. exactly the same claim. His tobacco control ‘ ’ quitline cessation help telephone services. STAN SHATENSTEIN advocacy has been admired within the international public health community USA: O-BAMA CIGARETTES [email protected] for decades. In 1991, together with four fi There have been cigarettes named after lm FRANCE: TOBACCONISTS SUE TOP HEALTH colleagues, he drafted the report that d http://tobaccocontrol.bmj.com/ stars before French actor Alain Delon was ADVOCATE resulted in France’s first major anti-tobacco Since the first reliable statistics about law, the ‘Loi Evin,’ regulating tobacco tobacco’s impact on human health began to advertising and smoking in public places, appear, public health workers have strug- and excluding tobacco from the retail price gled to convey to smokers, policymakers index. and the general public just how great is the While Dubois is defending the libel case risk, and how huge the burden of premature appeal with backing from France’s leading death and disease caused by tobacco use. tobacco control body, the Comité National One of their obstacles has been an irony of Contre Le Tabagisme, his university has communication; whereas a single death, not chosen to join his defence. Tomany, this complete with personal details, can both seems extraordinary and shameful, because on September 29, 2021 by guest. Protected copyright. tug the heartstrings and galvanise demands and shmeful at its core is a classic academic for action, the larger the burden, the more activity, the constructive and creative use difficult it can be to convey. of scientific data for protecting French The creative use of epidemiological data people from needless ill health and death. has seen some clever responses to this Gérard Dubois has posted a summary of problem. In the 1980s in Scotland, for his situation, and that of a colleague also example, a health agency broke down allegedly ill-treated by the French estab- mortality and morbidity data by electoral lishment because of his anti-tobacco constituency, so that that every elected activities, on the Tobacco Control internet member of parliament and local councils, blog at: http://blogs.bmj.com/tc/. as well as health board officials, were confronted with conservative estimates of JAPAN: I-POD ‘DEATH METER’ what was actually happening on their A small Osaka-based software company, patch. This resulted in unprecedented Proge Inc, recently launched an applicationd interest both among the primary targets or ‘app’dcalled Death Meter, for i-phones of the information, and from journalists and i-pod handheld, touch-screen enter- USA: a pack of the new ‘Bama’s’ cigarettes, who went on to ask what the policy- tainment devices. Once it has been with the name set inside the letter ‘O’ giving the makers were going go do about it. installed, users enter data on birthday, strong impression of an attempt to capitalise on Against such precedents, copied and gender, how long they have been smoking the US President’s name. adapted around the world, the notional and daily cigarette consumption.

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ically at people who want to quit or cut workplaces had an important exception in down smoking. While it lacks a scary the hospitality sectordbars, pubs, taverns, death figure or equivalent graphic artwork, restaurant and hotels (Tob Control it is available in both Japanese and English, 2006;15:79e80). This type of partial legis- unlike the Death Meter, which at present lation, known from that moment on as the is only in Japanese with just key words ‘Spanish model’ (Tob Control 2010;19:24e carrying an English translation. 30), allowed smoking in hospitality venues YUKO KANAMORI of less than 100 square metres, subject to the decision of the owner. Not surprisingly, Bryan, Texas, USA this model has been strongly supported by [email protected] the tobacco industry when lobbying against smoke-free policies. The ‘Spanish AUSTRALIA: BAT’S HOME THREAT TO model’ has been advocated, with slight VICTIM’S SON variations, in other European and Latin The son of a woman who, before her death American countries considering the from tobacco induced disease, sued British implementation of smoke-free policies (ie, American Tobacco (BAT), has accused the the recent or forthcoming bans in Portugal, company of attempting to bully and Greece, Germany, Chile and Peru). intimidate his family. Jamie McCabe, son Totally smoke-free policies are urged of the late Rolah McCabe, says he was by the WHO’s Framework Convention warned in a letter from the company’s on Tobacco Control (FCTC). The effective- lawyers in October that his home could be ness of smoke-free policies and their lack of sold to recover BAT’s legal costs. He says negative effects on hospitality businesses, Japan: the figure of death who appears on the that the warning is a fresh attempt to get have been confirmed by research, including new Death Meter i-pod application. his family to drop its legal fight. a tobacco control report by the Interna- In 2002, Ms McCabe became the first tional Agency for Research on Cancer. The app has two sections, count down Australian to successfully sue a tobacco Moreover, three years after the Spanish law and convert. In the first, the app calculates company, winning A$700 000 (US$681 000) entered into force, the evidence generated how many seconds, hours or days users in compensation after a judge in the state from its scientific evaluation clearly indi- have until they are likely to die. In the of Victoria found the tobacco company cates that the exceptions in bars and convert section, the amount of cigarettes had destroyed potentially relevant docu- restaurants have limited its effectiveness. that users have smoked will give conver- ments about the damaging effects of Several studies have shown that exposure to http://tobaccocontrol.bmj.com/ sions into how much money they have smoking. However, nine months later, the secondhand smoke in workplaces has spent already on cigarettes, how high the Court of Appeal overturned the judge- reduced (although not disappeared) whereas ’ cigarettes which they have already ment and ordered Ms McCabe s estate to exposure during leisuredmainly due to smoked would be if stacked up end to end, repay the compensation as well as the exposure in hospitality venuesdhas not. ’ the total toxin intake from the cigarettes company s substantial legal costs. Moreover, exposure of hospitality workers they have smoked, and the pain they In 2006, McCabe family members in venues where smoking continues to be might expect to suffer from possible launched a legal action to obtain docu- allowed (80 per cent of all venues) has not ’ morbidity based on their risk of suffering ments detailing the conduct of BAT s then decreased, but has even increased. from various smoking induced diseases. lawyers, arguing that the documents In the context of an increasingly All the output is calculated by reference to should be a part of future legal proceed- favourable social climate for smoke-free how long the user has been smoking and ings. BATclaims they are legally privileged environments (almost 80 per cent of fi on September 29, 2021 by guest. Protected copyright. how many cigarettes they smoke per day. and should remain con dential. Spaniards agree with smoke-free policies) ’ The company says the app neither Mr McCabe bought his mother s house and the accumulated evidence of the law’s supports smoking cessation nor smoking in 2004, 2 years after she died. He claims failure to protect hospitality workers, the itself, instead listing it as an entertainment that the property, subject to outstanding Spanish parliament changed the partial program. However, the calculation of the loans, would bring only tens of thousands ban to a total ban. From 2 January 2011, predicted life remaining is accompanied by of dollars for BAT if he was forced to sell it. the ban on smoking in all enclosed work- a message saying, “It’s up to you to make Simon Chapman, public health professor places now includes bars and restaurants, this death clock go faster or slower.” at the University of Sydney (and former with no exceptions. Moreover, smoking is To b a c c o C o n t r o l The app’s central feature is a classic editor of ) said the threat to now banned on the campus of hospitals ’ death character, a ‘grim reaper’ in skeleton claim and sell Mr McCabe s house was and in healthcare centres. Thus the “. form, complete with hooded cloak and designed to send the message that you ‘Spanish model’ will no longer be that of scythe. He is the creation of Ashura take on big tobacco at your peril. Do you a partial and weak ban, but a total one, as Benimaru Ito, a Japanese illustrator, video risk losing your house or do you want to recommended by the FCTC. ?” graphics creator, guitar analyst and take your lung cancer and go and die alone What happened in Spain clearly illus- musician. A veteran artist in the ‘manga’ trates how partial bans, voluntary policies (Japanese comic and cartoon) tradition, SPAIN: BEYOND THE ’SPANISH MODEL’ TO or ‘courtesy of choice’ programmes, as the 60-year-old is himself a smoker, which A TOTAL BAN promoted by the tobacco industry and may give a clue to his motivation for Spain was one of the first European coun- parts of the hospitality sector, do not designing the app. Apple sells a similar tries to implement a tobacco control law. protect people against secondhand smoke. app, Smoking Management, aimed specif- However, the ban of smoking in enclosed Spain has finally become an example of

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good practice for those countries aiming now also a healthy place to visit, the Nevertheless, in November last year the to go smoke-free. message was that the cigarette was no new minister of health decided to lift the ESTEVE FERNA´NDEZ, longer welcome, and had been kicked out. A ban for owner-only bars (with no other mass media quit campaign was also run, staff) smaller than 70 m2. Fines that had Institut Catala` d’Oncologia, Barcelona, Spain and tobacco tax was increased. already been issued but not paid were MANEL NEBOT A small but highly active organisation cancelled, and the relevant authorities Age`ncia de Salut Pu´blica de Barcelona, Spain of small cafés and those with just one instructed no longer to inspect such busi- [email protected] owner was then set up. It generated nesses. This exception applies to about substantial media attention, claiming that 3000 to 4000 small bars which are now NETHERLANDS: GOING BACKWARDS the ban was killing these smaller busi- free to decide whether or not to be smoke- While countries which had left exemptions nesses. It also claimed, all too successfully, free. If they are not smoke-free, this must in their smoke-free laws have been busy that the smoking ban in bars and restau- be made clear by signs outside. Larger bars tightening them to make all workplaces rants was a ‘nannying’ rule and that the and cafés, as well as all other businesses in and other public places free of tobacco government should not interfere in such the hospitality sector, must remain smoke without exception, the Netherlands areas of private choice. smoke-free. Significantly, these larger has decided to go the other way. In June 2009, one of the country’s businesses immediately started to oppose Most workplaces became substantially leading newspapers published an article the exemptions for small, owner-only smoke-free by law from 1 January 2004, but exposing the fact that the small cafés’ cafés. exceptions were allowed for designated, organisation had been set up and While the large majority of the hospi- closed-off smoking rooms. In addition, the supported by the tobacco industry and tality sector remains entirely smoke-free, hospitality industry was exempted, as it pro-smoking lobby groups. with the government pledging stricter was claimed that there was no support for Some small hospitality establishments enforcement of the ban, the reversal of the a ban in bars and restaurants. Instead, decided not to obey the law and so received previous intention is a major setback for a stepped plan with self-regulation was warnings and some cases, penalties. Penal- public health in the Netherlands. More- supposed to make bars and restaurants ties are given to the owner, not the smoker, over, it sets a dangerous precedent for the smoke-free within a few years. In the starting at 300 Euros (US$405) for the first rest of Europe and for countries further stepped approach, to what smoke-free offence, up to 2400 Euros (US$3250). Two afield. No doubt the international tobacco should actually mean remained ill-defined. cafés went to court, claiming that they industry is already preparing presentations As expected, hospitality sector targets were too small to set up smoking rooms and for use around the world showing how in were not reached and a new health minister were experiencing more negative effects the Netherlands, famous for its tolerant who took office in early 2007 decided that from the ban than larger cafés. Initially, society, practical common sense has won one of his first tasks was to end the smoke- they won their cases, but in February 2010, the day. Huge sums are likely to be spent http://tobaccocontrol.bmj.com/ free exemptions for the hospitality sector. the supreme court overruled these deci- to try to spread the contagious disease of Bars and restaurants, he announced, should sions, making clear that the tobacco law smoking re-liberalisation. Clearly, the be smoke-free by 1 July 2008dbut still was straightforward and fair. Understand- challenge for the public health community with designated, closed smoking rooms ably, health advocates thought that the is to stand firm and continue to press for permitted. There was support for the ban discussion was now over and that finally, the successful model already working so (64 per cent); and interestingly, the largest two years after the ban, they could focus on well in many other countries. Where the hospitality industry organisation called for other issues. But then the government fell protection of non-smokers is at stake, a level playing field, rather than for and after a long period of political negotia- ’going Dutch’ is simply not an option. continued exemptions. tions, the Netherlands got a new govern- FLEUR VAN BLADEREN The introduction of the new ban was ment, a coalition of minority parties. STIVORO, Netherlands combined with a mass media campaign, In the relevant section of the coalition [email protected] on September 29, 2021 by guest. Protected copyright. but unfortunately this focused on the agreement, it was stated that smaller cafés wrong message: instead of communicating (less than 70 m2 in area) would be exempt EUROPE: CONFERENCE DATE that the bars would be a more pleasant and from the ban. The reasons given were that the ban affected them more than larger No doubt the contrasting experiences premises, and also, it was claimed, because of Spain and the Netherlands (see previous) there was no support for the ban in such will be among the topics discussed when smaller places. Exactly what this claim European health advocates meet at the was based on is not clear, as economic 5th European Conference on Tobacco or e data show that losses are not related to Health (ECToH), 28 30 March 2011 in the ban but to the economic situation, and Amsterdam, the Netherlands. The confer- ‘ ’ support for the ban is still high. Recent ence theme is Shape the Future. More research even shows that only a minority information and registration at http:// of the population (29 per cent) supports www.ectoh.org. Netherlands: a sign produced by a hospitality the exemption, despite 2 years of discus- trade association to designate premises whose sion during which the pro-smoking case Tobacco Control 2011;20:4e7. owners opt to continue to allow smoking. was aired extensively. doi:10.1136/tc.2010.041996

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