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who voted on his selection besides the The editorial outlines the many actions Worldwide news PMI Board.) that demonstrate PMI has not changed its In the wake of the announcement of activities, only its rhetoric. For example, and comment a change to UN Global Contact guide- PMI continues actively opposing and lines to exclude tobacco companies from undermining policy measures that could membership due to their incompatibility genuinely reduce tobacco use, as shown In this issue, we look at reactions to the with social responsibility, the announce- by recently leaked documents. It has not Philip Morris International (PMI) initia- ment was greeted by strong reactions from announced it is going to stop promoting tive ‘Foundation for a Smoke-Free World’. the public health community. An editorial cigarettes to kids in low-income and It is fitting to recall a quote from Robert A ‘Frank Statement’ for the 21st century? middle-income countries. It is developing Kennedy in his address to the first World by 14 global tobacco control leaders was ‘stronger’ products for some markets and Conference on Smoking and Health (as published on the Tobacco Control website continues to aggressively promote best- it was then called), held in New York in and is reproduced in this issue. seller Marlboro cigarettes to the young 1967, and sobering to realise these words are as applicable today as they were then: The cigarette industry is peddling a deadly weapon. It is dealing in people’s lives for financial gain. The industry we seek to regulate is powerful and resourceful. Each new effort to regulate will bring new ways to evade. Still we must be equal to the task, for the stakes involved are nothing less than the lives and the health of millions of people around the world. But this is a battle that can and will be won. We also examine new developments in New Zealand nicotine product regulation, lobbying on behalf of the tobacco industry by the British Ambassador in Bangladesh, copyright. Japan Tobacco’s recent history of mergers, acquisitions and product innovation and a UK member of parliament’s strange excuse for accepting hospitality from a tobacco company. Meanwhile, in the USA, the tobacco industry will finally be forced to air ads correcting its past lies, in a case that dates back to 1999. http://tobaccocontrol.bmj.com/

World: Philip Morris’ ‘smoke free’ lipstick on a pig In September 2017, PMI announced that it will provide a total of almost $1 billion in funding to establish a new ‘Foundation for a Smoke-Free World’ (FSW), which it says is aimed at accelerating progress to end smoking. FSW follows a long line of

now-discredited industry-funded research on September 26, 2021 by guest. Protected organisations, the existence and work of which have been used to obfuscate, confuse and delay effectively addressing the fact that cigarettes are the single most deadly consumer product ever made. However, the shocker this time was that PMI had enlisted the services of Derek Yach, identified on the FSW website as the ‘founder and president-designate’ of the new organisation (and so far, the only leader identified), who was a former director of the WHO’s Tobacco Free Initiative. (More recently, Yach has A parody of the tobacco industry’s ‘Frank Statement’ of 1954, updated to 2017 and circulated on referred to himself as ‘president-elect’ of social media after the announcement that Philip Morris International was funding the ‘Foundation the organisation, causing some to question for a Smoke-Free World’.

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A statement posted on the WHO website Truth Initiative, which was created with for the Convention Secretariat states that funds from the USA Master Settlement it ‘regards this tobacco industry-funded Agreement after multiple state lawsuits initiative as a clear attempt to breach the uncovered documents revealing decades WHO FCTC by interfering in public policy. of industry lies and deception, called the It is a deeply alarming development aimed FSW announcement ‘fake news’ and said at damaging the treaty’s implementation, it was ‘an affront to public health, educa- particularly through the Foundation’s tors, researchers and advocates around the contentious research programmes’. world who have been working tirelessly for The FCTC Secretariat also explic- decades to end the tobacco use epidemic’. itly distances itself from Derek Yach, The International Union Against Tuber- noting that he ‘is in no way linked to culosis and Lung Disease (the Union) the Convention Secretariat, nor does called the initiative ‘a billion-dollar bribe he represent the Convention Secretari- the tobacco company hopes will secure it at’s views’. It provides clear direction to a seat at the table with public health poli- WHO FCTC parties, government offi- cymakers around the world’. The new cials and the public health community initiative, the Union said, was a propa- about engaging with the Foundation: ganda effort that, far from advancing a ‘due to its current funding arrangement smoke-free world, ‘only has the potential that comes from a tobacco multina- tional, [such engagement] would consti- to undermine, delay and obfuscate the Siblings Mei and Brigham Riwai-Couch with tute a clear breach of Article 5.3 of the work of public health policymakers and a coffin made of cigarette packs designed to Convention concerning tobacco industry advocates who champion evidence-based help show the impact of their grandfathers’ interference’ and goes on to state that the measures to reduce tobacco use’. death from the effects of smoking. The siblings Foundation represents a marketing and The American Cancer Society called the presented the coffin at the 2010 Māori Affairs public relations strategy, through which attempt by PMI to paint itself as a public Select Committee of Parliament hearings. At the tobacco industry is ‘clearly looking health partner ‘manipulative and dangerous’ the launch of the Action Plan for plan’s launch for a seat at the table’. and said no one should be fooled. Major this year, they again spoke of the urgent The FCTC Secretariat statement also public health funders like the Bloomberg need for strong action to reduce smoking. blasted any attempt by the industry to and Gates foundations, which have provided Reproduced with permission of Hāpai te copyright. position itself as being part of strategies legal funding to help countries defend them- Hauora. to fulfil Article 17 to promote viable alter- selves against lawsuits from PMI, are highly through campaigns like ‘Be Marlboro’. natives for tobacco workers and growers. unlikely to sing around the campfire with Cigarettes remain PMI’s biggest revenue ‘The tobacco industry knows that it PMI’s new foundation. earner; all other product categories pale creates social problems, including the use The WHO also weighed in, noting in comparison. Under the circumstances, of child labour. Initiatives endorsed by in a press release that: The UN General the idea that PMI is going to play a leading the industry and those it funds are not Assembly has recognised a ‘fundamental role in accelerating the end of smoking designed to solve the problems it creates, conflict of interest between the tobacco http://tobaccocontrol.bmj.com/ is either extremely cynical or naïve, but to give a false impression of sympathy industry and public health’. WHO according to these public health observers. for its victims’. observed: (1) WHO Member States have The editorial concludes that the global Leading tobacco control advocacy groups stated that ‘WHO does not engage with movement public health activists built noted that if PMI were serious about ending the tobacco industry or non-State actors over decades of toiling in the trenches smoking, it could start by supporting the that work to further the interests of the must not allow PMI to buy more time by FCTC and stopping all cigarette marketing. tobacco industry’ and (2) ‘the Organ- executing a 21st century version of the The Campaign for Tobacco-Free Kids press isation will therefore not engage with ‘Frank Statement’. release emphasised that ‘Philip Morris’ this new Foundation.’ WHO concluded: The reaction from the WHO Framework claimed commitment to a ‘smoke-free ‘Governments should not partner with the Convention on Tobacco Control (FCTC) world’ cannot be taken seriously so long as

Foundation and the public health commu- on September 26, 2021 by guest. Protected Secretariat was similarly unambiguous in its it continues to aggressively market cigarettes nity should follow this lead’. condemnation of the PMI/FSW partnership. and fight proven policies to reduce smoking Whether PMI will succeed in using and save lives around the world. Until Philip Morris ceases these harmful activities, its this public relations coup to exploit divi- claims should be seen as yet another public sions within the global tobacco control relations stunt aimed at repairing the compa- movement remains to be seen, but to ny’s image and not a serious effort to reduce date, global public health leaders are the death and disease caused by its products’. standing in solidarity against the delib- Action on Smoking and Health said: ‘Any erate insertion of tobacco industry government or organization that works with money into reshaping the movement and PMI’s new foundation is violating the spirit its priorities. of Article 5.3 and should be barred from any More information on this story conference or activity that requires a disclo- and links to statements by WHO A screenshot of the new Tonga campaign Tuku sure of tobacco industry funding, such as the and other health organisations, see Ifi Leva (Quit Smoking Now). Source: https:// upcoming World Conference on Tobacco or http://​blogs.​bmj.​com/​tc/​2017/​09/​19/​ www.tapuifitonga.com/. Health’. a-​frank-​statement-​for-​the-​21st-​century/.

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Bangladesh: British High and mandating very low nicotine ciga- Japan/world: Japan Tobacco Commissioner lobbied for big rettes from 2023. The plan also recom- International’s (JTI) ongoing tobacco mends changing the annual tobacco tax acquisition, delayed innovation A series of articles in both Bangladesh and increases of the last 7 years from 10% to JTI’s purchase of RJR Nabisco’s non-US international media in September detailed 20% for the next 3 years, as well as inten- operations in 1999 signalled the onset allegations that the British High Commis- sifying existing interventions such as mass of a determined strategy of international sioner to Bangladesh lobbied on behalf of media campaigns, smoke-free policies and expansion based on acquisitions and British American Tobacco (BAT). The alle- targeted smoking cessation support. mergers. gations relate to attempts to overturn a court The 2025 smoke-free goal and the new Protected in the domestic market by its decision that found the local BAT subsid- Action Plan have their genesis in work by political circumstances, the Japanese govern- iary liable for £170 million of unpaid value Māori advocates and politicians, including ment’s one-third ownership, national legis- added tax (VAT) in Bangladesh. 2010 hearings by the Māori Affairs Select lation that supports the tobacco industry, a In a letter to the Bangladesh govern- Committee of Parliament. At those hear- modest tobacco control community and a ment in August 2017, the High Commis- ings, Mei Riwai-Couch (then aged 7 years) broadly friendly media, the corporation’s sioner Alison Blake referred to previous and her brother Brigham presented a coffin international division JTI had concluded discussions about the matter and planned made of cigarette packs to the Committee acquisitions and mergers worth some meetings to resolve the matter out of to help show the impact of their grandfa- US$35 billion by 2017. court. She also highlighted the fact that thers’ death from the effects of smoking. Much of that amount was committed to BAT had paid more to Bangladesh govern- At the plan’s launch this year, the siblings the 2007 takeover of the Gallaher Group, ment revenue than any other company. again spoke of the urgent need for action. then the fifth largest transnational tobacco Within the British Government, the George Thomson corporation, for US$15 billion, and Foreign Office seems to have particular Richard Edwards acquisition of the international rights to difficulties understanding its obligations Andrew Waa Reynolds American’s subsidiary, Santa Fe University of Otago, New Zealand under Article 5.3 of the FCTC. This case Natural Tobacco, producer of the Natural George.​ ​Thomson@otago.​ ​ac.nz​ echoes that of the British High Commis- American Spirit brand, for a relatively sioner to Pakistan, who was accused in modest US$5 billion in 2016. New Zealand: new nicotine 2015 of supporting lobbying by BAT Over the past decade, investment in product regulation against new tobacco control measures, expansion beyond JTI’s key European Work by the tobacco industry to get new despite guidelines issued to staff in 2013. markets has focused on tobacco operations products accepted appears to have led to a in low-income and middle-income countries copyright. New Zealand: bold plan for a New Zealand Government plan to allow (LMICs) including Iran, Ethiopia, Tanzania, smoke-free future smokeless tobacco and heat-not-burn the Republic of Sudan and South Sudan, as In 2011, the New Zealand Government products to be marketed in New Zealand. well as leaf producers in Africa. adopted a goal of being ‘smokefree’ by Currently, snus, chewing tobacco or other JTI has also looked to diversify its 2025 but has failed to develop a strategy to smokeless tobacco are not permitted to product portfolio by purchasing Gryson, achieve this. Nearly halfway to 2025, the be imported. Oral tobacco products were goal will not be reached according to projec- banned in 1987. the Belgian manufacturer of roll-your-own tions based on current and announced poli- The New Zealand Government announced and loose tobacco, and the Al Nakhla http://tobaccocontrol.bmj.com/ cies. It will be missed by a large margin for on August 2nd that it would ‘establish a Tobacco company of Egypt, one the some groups, particularly Maori (the indige- pre-market approval system for smokeless world’s largest shisha producers. nous peoples of New Zealand). tobacco’. Depending on the September 23rd News that JTI had purchased the Mighty To fill the strategy gap, a new Action Plan election result, the current Government plans Corp Ltd. of the Philippines in July 2017 for Smokefree Aotearoa by 2025 created by to pass enabling legislation in 2018. and the Indonesian kretek manufacturer researchers and tobacco control leaders was The Government Associate Minister PT Karyadibya Mahardhika and its distrib- launched on 2 August 2017. The process involved, Nicky Wagner, has argued that utor PT Surya Mustika Nusantara in August for creating the plan included consultation ‘there are a number of products available adds to its regional interests in Taiwan and with a wide range of stakeholders led by the internationally — including heat-not-burn, China, including Hong Kong and Macau, national tobacco control advocacy agency, snus, moist snuff, dissolvables and inhaled and suggests an ongoing commitment to Hāpai te Hauora, and with input from nicotine — that may be significantly less geographical expansion and to broadening on September 26, 2021 by guest. Protected national and international experts. harmful than tobacco smoking’. ‘By creating its product range. The Action Plan sets a goal of reaching a pathway to enable the sale of these prod- In terms of emerging nicotine delivery under 5% prevalence for all population ucts in New Zealand, smokers will have systems, JTI has fared less well despite groups by 2025. Because of the need access to less harmful alternatives’. recent investment. The 2014 purchase of to achieve a much more rapid drop in The Regulatory Impact Statements and Zandera, the UK producer of the E-Lites smoking prevalence, it recommends Cabinet papers for the newly adopted e-cigarette, was followed in 2015 by acqui- a range of innovative interventions to New Zealand Government policy on sition of two US-based firms, Logic Tech- reduce the affordability, availability and smokeless products are on the Ministry nology Development, which accounts for appeal of smoked tobacco products. of Health website http://www.health.​ govt.​ ​ 20% of e-cigarette sales in US convenience These interventions include cutting nz/​system/​files/​documents/​pages/​cabinet-​ stores, and the Ploom Tech heat-not-burn the number of retail outlets by 95%, no paper-​regulation-​smokeless-​tobacco-​and-​ (HNB) vaporiser system. However, JTI sales to those born from 2003 onwards nicotine-​delivery-​products.​pdf. lags behind other transnational tobacco (creating a tobacco free generation), George Thomson companies, particularly PMI, in new tech- removing all additives and flavours that University of Otago, New Zealand nology development, both domestically enhance the appeal of tobacco products George.​ ​Thomson@otago.​ ​ac.nz​ and internationally.

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While JTI has experienced delays in The Scottish government’s observance staff members and $5000, before gaining adapting and supplying the Ploom system of the Framework Convention on Tobacco broader financial support from the Austra- to the home market, PMI’s HNB brand Control has been exemplary and has lian government and WHO. IQOS has captured 10% of the country’s included refusal to send representatives to The mass media component is part of total tobacco market. British American an anti-illicit trade meeting at which the a 5-year programme that includes cessa- Tobacco introduced its Glo HNB device in tobacco industry was included. Its commit- tion support, enforcement and policy Tokyo in July 2017 and plans to extend its ment to future action remains no less firm. advocacy. The country will also introduce distribution in coming months. However, Richard Lyle Member of the health warnings on tobacco products Importantly, JTI’s recent acquisitions in Scottish Parliament, who formerly sat on the in early 2018. Tonga has a population the Philippines and Indonesia are linked to parliament’s Health and Sport Committee, of 100 000. It is estimated that 13% of the company arriving late to the smoking told a newspaper that the invitation, at a females and 46% of males smoke and alternative party. Moving into markets with cost to PMI of £815 (US$1050), followed over 30% of the population are regularly cheaper cigarettes, higher smoking rates and a call he had made, while still on the health exposed to secondhand smoke, both at growing populations was ascribed in a recent committee, for an inquiry into vaping. home and work. report to JTI betting that ‘emerging markets Among reasons he cited for accepting was Cam Sudgen will take longer to respond to global efforts that he wanted to view PMI’s production of Ministry of Health, Tonga to prevent tobacco-induced harm, providing electronic cigarettes. camsugden@​ ​gmail.com​ opportunities for growth’ (https://www.​ The visit took place soon after PMI, bloomberg.​com/​news/​articles/​2017-​08-​23/​ which had unsuccessfully fought the Scot- USA : tobacco industry to target japan-​tobacco-​targets-​smoker-​heavy-​zones-​ tish Government’s policy on plain (stan- itself in court-ordered campaign as-​rivals-​go-​high-​tech). dardised) packaging of tobacco products, Eleven years after it was ordered by a federal Finally, the questions of whether emerging was reported to have developed a corpo- court and nearly 20 years after a lawsuit was nicotine products have any value in terms of rate strategy to counter plain packaging. first filed by the US Department of Justice, harm reduction or as cessation aids remains However, it is another of Mr Lyle’s major US tobacco companies are expected unresolved, as do questions around long- explanations that may be best remem- to start airing ‘corrective statement’ adver- term health risks to both users and non-users bered: ‘It was because I wanted to change. tisements from November 2017. exposed to vapours and the potential for I went because my family wanted me to The ads with the corrective statements these products to encourage non-smokers to give up smoking’. will be between 30 and 45 s long and will take up smoking. As Sheila Duffy, Chief Executive of be aired in prime time slots on major tele- Promotion of e-cigarettes and HNB Action on Smoking and Health Scotland, vision networks for 52 weeks. They will copyright. technologies by tobacco corporations as said, ‘(He) should know better… If he also be published in major newspapers. harm reduction products also holds out the wants to discuss electronic cigarettes he The statements will cover: the adverse potential to allow tobacco companies to can talk to us, or to one of the indepen- health effects of smoking, the addictive- seek to re-engage with the policy process by dent vaping advocate groups…When it ness of smoking and nicotine, the fact portraying themselves as ‘part of the solu- comes to the tobacco industry, my advice that cigarettes described as ‘light’, ‘low tion’ to smoking-related health risks. would be not to sup with the devil at all’. tar’, ‘mild’ and ‘natural’ are as harmful as Neither buying up tobacco operations Perhaps the unfortunate case may other cigarettes, the manipulation of ciga- in LMIC markets, the implications of such assist others in the public eye to resist the rette design by the industry to maximise http://tobaccocontrol.bmj.com/ expansion are well-documented, nor JTI’s largesse of dodgy industries; those with addiction and the adverse health impacts commitment to quadrupling production alcohol problems should shun offers from of secondhand smoke. of non-combustible products by the end global drinks companies; and compulsive In the 2006 ruling on the case, Judge of 2018 is good news for public health. gamblers are best advised to turn down Gladys Kessler found that tobacco compa- Ross MacKenzie sunny weekends in Las Vegas. nies ‘marketed and sold their lethal Macquarie University, Australia David Simpson products with zeal, with deception, with ross.​ ​mackenzie@mq.​ ​edu.au​ International Agency on Tobacco & Health, UK a single-minded focus on their finan- david.​ ​simpson@ndph.​ ​ox.ac.​ ​uk cial success, and without regard for the UK: politician’s ‘quit smoking’ human tragedy or social costs that success trip to Philip Morris T onga: New mass media campaign exacted’. Her words neatly summarise the headquarters launched tobacco industry’s attitude to its customers on September 26, 2021 by guest. Protected Scotland, whose devolved parliament was A national mass media campaign was wherever it operates, and might provide the first in the UK to ban smoking in public launched in Tonga in October 2017. It the best guide for Philip Morris’ intentions places and the second legislature in the features graphic images adapted from in its latest ‘smoke free’ venture. world after Ireland, has recently clocked the US Adult Alive Campaign, tailored to up something of another first after one of Tongan audiences. Called Tuku Ifi Leva © Article author(s) (or their employer(s) unless its elected politicians visited Philip Morris (Quit Smoking Now), it is an example of otherwise stated in the text of the article) 2017. All International’s (PMI) European headquar- how best practice and strong evidence can rights reserved. No commercial use is permitted unless otherwise expressly granted. ters in Switzerland. However, it was not be used across jurisdictions. In particular, so much the visit itself—English politicians it shows how leveraging expertise and have enjoyed tobacco industry hospitality— resources from high-income countries but it is the Scottish parliamentarian’s can assist low-income and middle-in- reasons for accepting the trip, contrary to come countries to implement campaigns his government’s position on tobacco that with limited resources. Campaign mate- Tob Control 2017;26:613–616. has astounded many in Scotland. rials were initially developed by only two doi:10.1136/tobaccocontrol-2017-054087

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