News analysis Tob Control: first published as 10.1136/tobaccocontrol-2021-056941 on 23 August 2021. Downloaded from estimated 10.9% of tobacco products were exposing the company to large fines. Worldwide news illicit, the tobacco industry reported 22% Juul will pay US$40 million over 6 years for 2017 and 24% in their latest report, to North Carolina, which will use the and comment in 2019. funds to provide e- cigarette cessation and Chile became a party to the Framework prevention programmes, and for e- ciga- Convention on Tobacco Control in 2005. rette research. CHILE: ILLICIT TRADE OBSERVATORY Since then, the Chilean government has As part of the settlement, the company OPENS THE DOOR FOR TOBACCO tried to implement the measures proposed agreed that it would not advertise to INDUSTRY INFLUENCE therein. However, the creation of the Illicit people under 21 years of age through The Global Tobacco Industry Interference Trade Observatory goes against the guide- traditional or social media platforms, their Index 2020 revealed that Latin America lines proposed by Article 5.3 of the FCTC products would only be sold behind the faces some of the highest rates of industry and the 2018 Protocol to Eliminate Illicit counter by retailers that have identifica- interference in the world. Partnerships Trade in Tobacco Products, which Chile tion scanners, and the company would between government and tobacco compa- has yet to ratify. In addition to producing limit the quantity of products sold online nies over the illicit tobacco trade have reports that over-estimate the scale of to those living in the state. In its settlement enabled this interference to continue the problem, the Observatory promotes with North Carolina, the company did not despite longstanding evidence of the unnecessary interactions between the admit intentionally targeting youths. tobacco industry’s complicity in the illicit government and the tobacco industry via This is the first settlement of its kind in tobacco trade. activities such as training government civil the US, however since February 2020, 39 The illicit tobacco trade benefits tobacco servants, journalists, and media represen- other U.S state attorneys have examined companies by increasing the accessibility tatives, as well as monitoring and evalu- Juul’s practices and filed lawsuits against of their products, and decreases govern- ating public policies on track and trace. the company. There are also a large ment revenues that could be used for Chile is not alone with this type of number of personal injury lawsuits from tobacco control and public health efforts. industry influence. Costa Rica also has a customers and families of young people In 2016, the Illicit Trade Observatory in similar entity called the Mixed Commis- claiming they were addicted to or hurt by Chile was created by the Chilean Chamber sion Against Illicit Trade, which is made Juul products. of Commerce, as a public- private part- up of public and private actors, where “Juul sparked and spread a disease-the nership, “whose objective is to generate the tobacco industry enjoys direct access disease of nicotine addiction. They did it relevant information for the generation to government officials . Costa Rica, like to teenagers across North Carolina and this country simply to make money…(this) of public policies aimed at combating all Chile, is also a party to the FCTC and copyright. forms of illegal trade”. The Observatory subject to Article 5.3. court order will go a long way towards is composed of 13 public institutions, Chile has a significant history of ensuring that their e- cigarette product is including the ministry of finance, the tobacco industry interference and the not in kids’ hands, its chemical vapour is Chilean law enforcement agency, and Illicit Trade Observatory is perpetuating out of their lungs, and that the nicotine the national customs and border control this influence. Countries that are parties does not poison or addict their brains.” department, and several private actors to the Framework Convention on Tobacco North Carolina Attorney General Josh Control should seek to progress its imple- Stein said. such as British American Tobacco and the http://tobaccocontrol.bmj.com/ Chilean Chamber of Commerce. Since its mentation, avoiding unnecessary interac- E- cigarette use among teenagers signifi- inception, every report published by the tions with the tobacco industry, including cantly increased in the US after Juul was Observatory on the illicit tobacco trade on tobacco illicit trade issues. The FCTC launched in 2015, leading the US Food has either been conducted or commis- recommends that countries ratify the and Drug Administration (FDA) to declare sioned by British American Tobacco. Illicit Trade Protocol. Countering tobacco an epidemic of vaping among teenagers in Unfortunately, the lack of independent industry interference is a challenge faced 2018. “The evidence is clear that Juul’s data around illicit trade means govern- by many different countries around the high- dose nicotine products caused the ments rely on the statistics and reports world and should be given priority in youth e-cigarette epidemic,” said Matthew prepared by the tobacco industry and its tobacco control efforts. Myers from the Campaign for Tobacco- allies. Organisations such as the Transna- Mercedes Carballo Free Kids. Tobacco Tactics, Tobacco Control Research The US Centres for Disease Control tional Alliance to Combat Illicit Trade, on September 24, 2021 by guest. Protected funded by Philip Morris International Group, University of Bath and Prevention stated that e- cigarette use and the Latin American Alliance against Research Partner of the Bloomberg Philanthro- among teenagers dropped significantly Contraband (ALAC), whose members pies funded STOP project. between 2019 and 2020, with approx- include transnational tobacco companies, M. Carballo@ exposetobacco. org imately 20% of high school students produce reports that tend to overestimate stating that they had recently used e-cig - the illicit tobacco trade. In Chile, while arettes in 2020, down from 28% in 2019. independent studies conducted by civil USA: JUUL PAYS SETTLEMENT TO Although this decline may be a temporary society and academic institutions in 2017 NORTH CAROLINA pandemic- related effect, federal restric- In June 2021 e- cigarette manufacturer tions on e-cigarette flavours and legisla- Juul agreed to settle with the State of tion to raise the age limit for tobacco and North Carolina for unfair and deceptive e- cigarette sales to those aged 21 years and All articles written by Karen Evans- practices that targeted young people. In over may have also influenced the reduc- Reeves and John Baker unless otherwise May 2021 Superior Court Judge Orlando tion in e- cigarette use among youth. attributed. Ideas and items for News Hudson stated that Juul, partly- owned by In September 2021, the FDA will deter- Analysis should be sent to k.a.evans- Altria Group, had ignored court orders mine whether to grant Juul a Premarket [email protected] and destroyed documents, potentially Tobacco Product Application (PMTA) as Tob Control September 2021 Vol 30 No 5 481 News analysis Tob Control: first published as 10.1136/tobaccocontrol-2021-056941 on 23 August 2021. Downloaded from a safer alternative to combustible ciga- operations. Both British American The NZ government’s commitment to a rettes to enable the continued sale of its Tobacco (BAT) and PMI have also invested smokefree goal in 2011 was a response to e- cigarettes. A large number of health in COVID-19 vaccine programmes, an a recommendation from the Māori Affairs and medical organisations, including the investment which the companies then use Select Committee of the NZ Parliament. American Heart Association, the Amer- to promote their corporate brands. It followed sustained advocacy by Māori ican Cancer Society’s Cancer Action To illustrate this point, on December 2, (the Indigenous peoples) leaders for the Network, and the American Academy of 2020 in Greece (a country which has one ‘Tupeka Kore’ goal for the elimination of Paediatrics, have asked the FDA to reject of the highest smoking rates in Europe), tobacco products, which were introduced the application. the country’s Prime Minister alongside to Māori by colonisation, from NZ. This article is based on content origi- the Vice President of the US Chamber of Smokefree 2025 was defined as minimal nally reported by Sheila Kaplan for the Commerce and the CEO of Pfizer and prevalence of smoking and minimal avail- New York Times on 28 June 2021. other corporate figures, met to discuss ability of tobacco products. However, the impact of COVID-19 coming hot progress has been slow, and under its off the heels of Pfizer’s November 2020 ‘business as usual’ approach, New Zealand GLOBAL: TOBACCO INDUSTRY’S announcement that it had produced a was on track to miss the goal by a wide TACTICAL RESPONSE TO COVID-19 vaccine. Among the participants at this margin, particularly for Māori, Pacific and REVEALED IN NEW DATABASE high-level public health discussion, was low- SES populations which have much Few organisations have done more in André Calantzopoulos, then CEO of higher smoking prevalence. opposition to public health than Philip PMI. The discussion document sets out a Morris International (PMI), and few Now, as the pandemic progresses, comprehensive strategy to achieve rapid industries have killed more customers tobacco companies are now switching to and equitable reductions in smoking. than the tobacco industry, yet tobacco the language of “COVID-19 recovery”, The proposed plan also includes struc- companies have featured heavily during in public statements, reports and share- tural changes to strengthen the tobacco the COVID-19 Pandemic, harnessing the holder meetings. The industry’s future control system – most importantly to pandemic as a corporate social respon- tactics are likely to be informed by the strengthen Māori governance of the sibility (CSR) opportunity. Now, a new desire to appear on the right side of public smokefree programme.