scholarly journals Proposals for a Smokefree Aotearoa 2025 Action Plan: A Submission to the New Zealand Ministry of Health

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Social Media ◽  
New Zealand ◽  
Tobacco Control ◽  
Action Plan ◽  
The United States ◽  
Control Measures ◽  
Tobacco Products ◽  
Digital Platforms ◽  
Tobacco Tax ◽  
Maori Health

EXECUTIVE SUMMARYRecommendation 1As part of building upon Helen Clark’s legacy in respect of the Smoke-Free Environments Act 1990 (NZ), Jacinda Ardern’s New Zealand Government should pass bold and ambitious proposals for the Smokefree Aotearoa 2025 Action Plan. Recommendation 2The New Zealand Government should learn from the legal disputes and the public policy debate over the plain packaging of tobacco products. This pioneering tobacco control measure was recognised as being an expression of the WHO Framework Convention on Tobacco Control 2003, and being consistent with the TRIPS Agreement 1994, the TBT Agreement 1994, and GATT 1994. The New Zealand Government should seek to make use of such flexibilities in international law in its development of tobacco control measures under the Smokefree Aotearoa 2025 Action Plan.Recommendation 3The New Zealand should implement a bold and ambitious Smokefree Aotearoa 2025 Action Plan in order to implement the WHO Framework Convention on Tobacco Control 2003, and protect public health in New Zealand.Recommendation 4The New Zealand Government should support enhanced Indigenous-led tobacco control measures – taking into account the Treaty of Waitangi 1840, the WHO Framework Convention on Tobacco Control 2003, the United Nations Declaration on the Rights of Indigenous Peoples 2007, and the establishment of the new Maori Health Authority.Recommendation 5The New Zealand Government should support social marketing campaigns to promote the Smokefree Aotearoa 2025 Action Plan.Recommendation 6As part of its increased regulation of digital platforms, the New Zealand Government should seek to engage in enhanced regulation of social media advertising by tobacco companies and e-cigarette companies. As well as targeting the tobacco companies, the New Zealand Government should focus on the behaviour of advertisers and the Internet influencers, and regulate the role of intermediaries, such as digital platforms, social media sites, and other Internet sites.Recommendation 7The New Zealand Government should invest in research, evaluation, monitoring and reporting of the Smokefree Aotearoa 2025 Action Plan.Recommendation 8The New Zealand Government should provide for effective compliance and enforcement mechanisms for tobacco control measures in respect of the Smokefree Aotearoa 2025 Action Plan. The New Zealand Government should explore the need for law reform in respect of civil liability and criminal liability for tobacco companies. Recommendation 9New Zealand should establish a licensing system for all retailers of tobacco and vaping products. New Zealand should also encourage retailers to shift towards the sale of healthy products.Recommendation 10The New Zealand Government should reduce the retail availability of smoked tobacco products by significantly reducing the number of retailers based on population size and density.Recommendation 11The New Zealand Government should reduce the retail availability of tobacco by restricting sales to a limited number of specific store types.Recommendation 12The New Zealand Government should follow the lead of the United States and Singapore, and introduce a smokefree generation policy.Recommendation 13The New Zealand Government should encourage retailers and small businesses to stop selling smoked tobacco products, and instead diversity into the sale of healthier products.Recommendation 14The New Zealand Government should support reducing the nicotine in smoked tobacco products to very low levels. The New Zealand Government should also prohibit the use of menthol in tobacco products.Recommendation 15The New Zealand Government should support prohibiting filters in smoked tobacco products.Recommendation 16The New Zealand Government should have the flexibility of prohibiting tobacco product innovations through regulations.Recommendation 17The New Zealand Government should increase the tobacco tax rate, establish a new tax on e-cigarettes, as well as set a minimum price for tobacco products. The New Zealand Government should also look to take action in respect of any tax evasion by tobacco companies and e-cigarette companies.Recommendation 18The New Zealand Government should include smoke-free policies in its Smokefree Aotearoa 2025 Action Plan.Recommendation 19The New Zealand Government, the corporate sector, and civil society should further expand tobacco divestment policies.Recommendation 20The New Zealand Government needs to ensure that its tobacco endgame measures – and its proposals for Smokefree Aotearoa 2025 Plan - are safeguarded against the threat of tobacco interference.

scholarly journals Overview on Cigarettes and Other Tobacco Products Act and its implementation: current update

2020 ◽  
Vol 8 (1) ◽  
pp. 463
Author(s):  
Dhwanit Thakore ◽  
Mahesh Chavda ◽  
Girish Parmar ◽  
Tejal Sheth
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Tobacco Use ◽  
Control Measures ◽  
Public Health Issue ◽  
Tobacco Products ◽  
Health Goal ◽  
The Status ◽  
Public Health Goal ◽  
Almost All

Tobacco use- a major public health issue in India has an enormous effect on the lower SES population. . There is an evident link between tobacco use or consumption and poverty. The widespread use of almost all forms of tobacco among the Indian population can be attributed to the social and cultural acceptance in the country. Cigarette and Other Tobacco Products Act, 2003 (COTPA) is the legislation that regulates tobacco in India. The prime objective of this review is to compile the literature with information about the laws regulating tobacco use and the status of implementation of tobacco control provisions covered under COTPA. Since effective tobacco control measures involve multi-stakeholders i.e public health, law, trade and commerce, industry, consumer, human rights and child development, coordinated efforts are required to successful enforcement. The outcome of the current literature is bridging the gaps to make the tobacco control a very important public health goal and thereby protect the population from the consequent morbidity and mortality due to tobacco use.

scholarly journals The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Control Measures ◽  
The European Union ◽  
Health Warnings ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Philip Morris

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2003 from further investor and trade challenges.

Tobacco control in China and the road to Healthy China 2030

2020 ◽  
Vol 24 (3) ◽  
pp. 271-277 ◽  
Author(s):  
H. Guo ◽  
G. Quan
Keyword(s):  
Tobacco Control ◽  
Tobacco Use ◽  
Monitoring And Evaluation ◽  
Control Measures ◽  
World Health ◽  
Public Health Perspective ◽  
Media Campaigns ◽  
The Public ◽  
Tobacco Tax ◽  
Health Organization

Healthy China 2030 aims to reduce the adult smoking rate from 27.7% in 2015 to 20% by 2030. Achieving this goal requires a review of the tobacco control measures introduced in China to date, the gaps that remain and the opportunities ahead. In 2008, the World Health Organization introduced six measures to reduce demand for tobacco called MPOWER. The progress China has made in implementing these measure varies: 1) monitor tobacco use and prevention policies. The surveillance on tobacco use has been rigorous, but the monitoring and evaluation of tobacco control policies needs to be strengthened; 2) protect people from tobacco use: pushes for national tobacco control legislation have stalled, but 18 subnational legislations have passed; 3) offer help to quit tobacco use. The accessibility and quality of cessation services needs to be improved; 4) warn about the dangers of tobacco. While there are no pictorial health warnings, tobacco control advocates have launched a series of anti-smoking media campaigns to inform the public; 5) enforce bans on tobacco advertising, promotion, and sponsorship. Legal loopholes and poor enforcement remain challenges; 6) raise taxes on tobacco: cigarettes in China are relatively cheap and increasingly affordable, which demonstrates the need for further tobacco tax increases indexed to inflation and income. China maintains a tobacco monopoly that interferes with tobacco control efforts and fails to regulate tobacco products from the public health perspective. Effective MPOWER measures, which depend upon the removal of tobacco industry interference from policymaking, are key to achieving the goal set by Healthy China 2030.

The taste of smoke: tobacco industry strategies to prevent the prohibition of additives in tobacco products in Brazil

2019 ◽  
Vol 28 (e2) ◽  
pp. e92-e101 ◽  
Author(s):  
Andre Luiz Oliveira da Silva ◽  
Stella Aguinaga Bialous ◽  
Patrícia Gonçalves Duarte Albertassi ◽  
Daniela Aparecida dos Reis Arquete ◽  
Ana Marcia Messeder Sebrao Fernandes ◽  
...  
Keyword(s):  
Tobacco Control ◽  
Tobacco Industry ◽  
Scientific Evidence ◽  
Scientific Basis ◽  
Control Measures ◽  
Tobacco Products ◽  
Political Interference ◽  
The World ◽  
Legislative Activity ◽  
Smoke Tobacco

BackgroundThe tobacco industry (TI) uses several strategies to attract new consumers, including using additives in tobacco products, which makes tobacco especially attractive to youth. Based on scientific evidence and the principles of the WHO Framework Convention on Tobacco Control, the Brazilian Health Regulatory Agency (ANVISA, for the name in Portuguese), published the Collegiate Board Resolution (RDC, for the name in Portuguese) 14/2012 in 2012, prohibiting the addition of substances that enhance the flavour and taste of tobacco products in order to make them more attractive. In response, the TI used various strategies to prevent RDC 14/2012 from entering into force. At the time, the Brazilian additive ban was the most comprehensive in the world as it included a ban on menthol.ObjectivesThis paper analyses the arguments and strategies used by the TI to prevent the implementation of the additives ban.MethodsReview of published articles, reports, legislation and legislative activity, internal TI documents, media stories and other documents to describe TI’s reaction to the ban.ResultsThe results show that the TI used some well-known strategies to delay or cancel the entering into force of the resolution. For example, the TI attempted political interference, used litigation and commissioned studies with findings that questioned the resolution’s rationale. The TI strategies used in Brazil are similar to those used at the global level to oppose other tobacco control measures.ConclusionsTI successfully delayed the most comprehensive additive ban in the world using its usual tactics, despite the fact that none of the arguments presented by the TI had an acceptable scientific basis or evidence.

TRIPs and trademarks: the case of tobacco

2004 ◽  
Vol 3 (1) ◽  
pp. 53-82 ◽  
Author(s):  
BENN McGRADY
Keyword(s):  
Tobacco Control ◽  
Trips Agreement ◽  
Control Measures ◽  
Minimum Standard ◽  
Most Favored Nation ◽  
National Treatment ◽  
Tobacco Products ◽  
Plain Packaging

Proposed tobacco control measures such as mandating plain packaging of products and prohibiting the use of terms such as ‘light’ and ‘mild’ when associated with tobacco products raise the issue of to what degree WTO Members have regulatory freedom in relation to trademarks under the TRIPs Agreement. This paper uses these measures as a case study to examine rules relating to registration and use of trademarks. More particularly, the scope of Article 20 is addressed, as is the issue of whether TRIPs creates a positive right to use a trademark. This paper argues that no right of use is provided for by TRIPs and that Article 20, whilst not prohibiting the measures in question, is not based upon sound principle and is difficult to interpret. Finally, this paper argues that rules relating to use of trademarks require re-negotiation and that a minimum standard of protection for use of trademarks is not justified except where such a standard relates to principles of national treatment or most-favored-nation principles.

scholarly journals Social Media, Digital Scholarship, and Academic Promotion in US Medical Schools

2021 ◽  
Vol 53 (3) ◽  
pp. 215-219
Author(s):  
Stephanie Y. Johng ◽  
Ranit Mishori ◽  
Valeriy R. Korostyshevskiy
Keyword(s):  
Social Media ◽  
Digital Media ◽  
Medical Schools ◽  
The United States ◽  
Academic Promotion ◽  
Digital Platforms ◽  
Promotion Policies ◽  
Digital Scholarship ◽  
Medical Institutions ◽  
Academic Medical

Background and Objectives: Academic promotion is critical in academic medicine. Traditionally, peer-reviewed journal articles have been at the core of advancement deliberations. With the increasing prominence digital content and social media, an increasing number of academics have begun linking their scholarly value with their online activities. It is unclear whether and how US academic medical institutions have updated their promotion criteria to reflect the changing environment and digital practices of faculty members. Methods: We reviewed publicly available advancement and promotion policies and faculty handbooks of 148 allopathic medical schools in the United States (April 2018 through September 2018), to see if social media was explicitly included in their scholarship criteria. Results: Of the 148 allopathic institutions only 12 (8.1%) stated that digital and social media products would be factored into the scholarship and/or other domains of the promotion application. There were no associations between acceptability of social media in the tenure process and schools’ characteristics. Conclusions: Digital media use has the potential to distribute scholarship widely. Including digital scholarship in promotion would help destigmatize the use of digital platforms and promote science dissemination to the public. Medical institutions should embrace new models of digital scholarship and lead the way in defining and ensuring quality.

scholarly journals Perception of Tobacco in Young Adults of Urban India: A Qualitative Exploration and Health Policy Analysis

2018 ◽  
Vol 4 (Supplement 2) ◽  
pp. 198s-198s
Author(s):  
S. Ghose ◽  
S.S. Datta
Keyword(s):  
Policy Analysis ◽  
Tobacco Control ◽  
Tobacco Use ◽  
Urban Youth ◽  
Control Measures ◽  
Control Law ◽  
Theory Approach ◽  
Major Theme ◽  
Tobacco Products ◽  
The World

Background: Tobacco is the single largest cause of preventable death globally. An emerging body of evidence shows that tobacco is 1 of the identified causes of cancer contributing to 50% of cancers in men and 20% in women and the same is estimated to kill 10 million people by 2030. The epicenter of this epidemic is the low and middle income countries with 80% of the 1 billion smokers in the world coming from there. India is home to 275 million tobacco users and is the second largest producer and user of tobacco products after China. Many of the users demonstrate a very early smoking debut and a significant proportion of India's population falls in this group. Prevention of early tobacco debut and use of tobacco in youth is 1 of the critical ways of reducing the burden of noncommunicable diseases in the world. There is very limited information on how today's youth perceive using tobacco products, and what they think of the anti-tobacco campaigns and legislative measures. Aim: The qualitative arm aims to bridge some of the knowledge gaps related to tobacco use in today's urban youth; to understand the perceptions of the youth about tobacco. The policy piece evaluates relevant tobacco control legislations in India using a prevalidated policy analysis framework. It critically analyses the gaps of the national tobacco control mechanisms responsible for impacting the tobacco use in the youth. Methods: A qualitative grounded theory approach was followed. In a university in India, 30 young undergraduate students were recruited. Data were collected through in-depth interviews, focus groups and participant observations. The policy section critically analyzed relevant parts of the India's tobacco control law taking its lead from the qualitative data, compared it with the WHO Framework Convention of Tobacco Control (FCTC), and identifies barriers and gaps to understand how its impacting the use of tobacco in youth. Results: Peer influence and social desirability emerged as major influencers for tobacco debut. Stress, exams, depression, family problems and symptoms of stress for example headache, sleeplessness etc. were other influencers for debut. The other major theme was the perceptions and concepts on tobacco addiction and quitting. Knowledge among youth on available quitting or cessation support was very little. Most of the study participants believed that the current tobacco control measures are not effective. The policy analysis of national tobacco control measures revealed significant gaps that are currently being exploited by the tobacco industry as they continue to promote tobacco products and increase production capacity. Conclusion: This study recommends amending the Indian tobacco control law to address the gaps and implement a more stringent legislation commensurate to the tobacco use patterns and existing barriers.

scholarly journals Tobacco tax evasion in Western Balkan countries: tax evasion prevalence and evasion determinants

2022 ◽  
pp. tobaccocontrol-2021-056879
Author(s):  
Marko Vladisavljevic ◽  
Jovan Zubović ◽  
Olivera Jovanovic ◽  
Mihajlo Djukic ◽  
Natasa Trajkova Najdovska ◽  
...  
Keyword(s):  
Tobacco Control ◽  
Bosnia And Herzegovina ◽  
Low Income ◽  
Tax Evasion ◽  
Choice Model ◽  
Control Measure ◽  
Tobacco Products ◽  
Tobacco Taxes ◽  
Illicit Market ◽  
Tobacco Tax

Background and objectiveTobacco tax evasion undermines the goal of tobacco taxes as a tobacco control measure to make tobacco products less affordable, increases the health risks for those who smoke and decreases the government revenue. This paper analyses the tobacco tax evasion in six Western Balkan (WB) countries: Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia. The aim of this research is to estimate the size of the illicit market and identify the main determinants of tax evasion activities in the Southeastern European region.Data and methodsData from 2019 Survey on Tobacco Consumption in Southeastern Europe (STC-SEE) are used. STC-SEE provides uniquely comparable nationally representative data on smoking behaviour for adult (18–85 years old) population for each country. Tax evasion is defined on the basis of available information on tax stamps, health warnings, price and the place of purchase, in accordance with the previous research on tax evasion. In order to estimate the determinants of illicit purchases we use binary choice model of tax evasion.ResultsThe study finds that 20.4% of all current smokers in WB countries evade taxes on tobacco products, with evasion being much more frequent for hand-rolled (HR) tobacco (86.7%) than for the manufactured cigarettes (MC) (8.6%). While HR is predominantly illicit in all six countries, MC evasion varies significantly, with evasion being significantly higher in Montenegro and Bosnia and Herzegovina. Results further suggest that tax evasion is higher in the statistical regions where institutional capacities to tackle illicit trade are lower, in municipalities bordering countries with high MC evasion, as well as among smokers with low income, women and elderly. We also provide evidence that higher tobacco taxes and prices do not increase illicit consumption.ConclusionThe findings from the research suggest that in order to decrease tax evasion, governments should put additional effort to strengthen institutional capacities to tackle illicit tobacco markets. Furthermore, improving regional coordination in development and implementation of tobacco control policies, including the prevention of illicit market, is essential in lowering evasion in all WB countries. Finally, WB countries should regulate and enforce excise tax stamp requirements on the HR tobacco market to a much higher degree.

scholarly journals The Plain Packaging of Tobacco Products

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
New Zealand ◽  
Tobacco Control ◽  
World Trade ◽  
Dispute Settlement ◽  
Research Front ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Trinity College Dublin ◽  
The World

The Plain Packaging of Tobacco ProductsThis special edition of the QUT Law Review considers the international debate over the introduction of Australia's pioneering plain packaging of tobacco products. This collection explores the various legal issues raised by tobacco control under public health law, constitutional law, intellectual property, international law, international trade, investor-state dispute settlement, human rights, and sustainable development. Australian scholars consider Australia's legal defence of plain packaging of tobacco products in an array of arenas - including the High Court of Australia, an investor-state dispute settlement tribunal, and the World Trade Organization. International experts consider the introduction of plain packaging of tobacco products in New Zealand, Ireland, the United Kingdom, Canada, and other pioneering public health countries. This collection also considers the adoption of new complementary tobacco control measures - such as tobacco divestment initiatives.ForewordThe Hon. Nicola Roxon (Victoria University)It gives me great pleasure to write a forward on this topic at a time when there is such a groundswell of international support for plain packaging of tobacco products. World No Tobacco today in 2016 had as its tag line “Get ready for plain packaging” and the world’s health ministers are doing just that.When Australia became the first country in the world to remove all colours and logos on tobacco packs in 2011 – recognising their allure to young new smokers – the tobacco industry tried every move in their book to stop us. Lobbying, donations, advertising campaigns, threats, dodgy research, front groups, overblown claims and legal action dominated our political debate for two years. When all these local manoeuvres failed, the industry switched its effort to ensuring we were the only country to take this step.Writing in November 2016, it is clear that those efforts, both local and international, have manifestly failed. Country after country – France, the UK, Ireland, Canada, Norway, New Zealand – are implementing plain packaging, passing their laws or consulting with the community before introduction and many more countries will move this way in the coming months and years.Plain packaging of tobacco products is now truly an international movement. It is an epidemic of the best sort, as countries catch on to its value, purpose and ease of implementation. We will now see its introduction spread like wildfire around the world.When we announced the introduction of plain packaging in Australia, it was a world first.The Government I was part of has received much praise for our resolve and foresight to see this through, from smooth implementation to the great early results already showing significant impact in the reduction of smoking rates across the country. ...(1) 'Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond'Dr Catherine Bond (UNSW)(2) 'Regulatory Chill: Learnings from New Zealand's Plain Packaging Tobacco Law'Professor Jane Kelsey (University of Auckland)(3) 'Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation'Dr Eoin O’Dell (Trinity College Dublin)(4) 'The Tobacco Industry's Challenge to the United Kingdom's Standardised Packaging Legislation - Global Lessons for Tobacco Control Policy?'Professor Jonathan Griffiths (Queen Mary, University of London)(5) 'Making the Case for Canada to Join the Tobacco Plain Packaging Revolution'Dr Becky Freeman (University of Sydney)(6) 'Investor-State Dispute Settlement and Tobacco Control: Implications for Non-Communicable Diseases Prevention and Consumption-Control Measures'Dr Hope Johnson (QUT)(7) 'The Global Tobacco Epidemic, The Plain Packaging of Tobacco Products, and the World Trade Organization'Professor Matthew Rimmer (QUT)(8) 'Tobacco-Free Investment: Harnessing the Power of the Finance Industry in Comprehensive Tobacco Control'Dr Bronwyn King, Clare Payne, and Emily Stone (Tobacco-Free Futures)

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