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** 19 January 2024
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** UK
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** Tobacco giant threatened Sunak with legal action over smoking Bill (#2)
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** Opinion: Will local authorities be able to enforce the smoking ban? (#3)
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** Parliamentary activity
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** Westminster Hall debate: Sale of illegal vapes (#4)
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** Link of the week
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** Blog: Going smokefree; why the new age of sale proposal for smoking is good news for mental health (#5) [link removed].
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** Blog: Weekend reading: UK report on industry’s role in poor health (#7)
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** UK
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** Tobacco giant threatened Sunak with legal action over smoking Bill

Tobacco giant Philip Morris threatened legal action in an attempt to block Rishi Sunak’s plans to phase out smoking.

A parliamentary vote is due to take place next month about landmark legislation which would raise the age at which people can buy tobacco products – currently 18 – by a year, every year.

Health officials feared that the legal threat over the matter could have ended up in the High Court, causing lengthy delays before any laws could be passed.

In a statement issued on Thursday night, Philip Morris said it had withdrawn its threat of legal action earlier this week after the Government made changes to its consultation ahead of any Bill.

Philip Morris said it supported the Government’s ambition for England to be “smoke-free” by 2030 but wanted so-called heated tobacco products – which manufacturers say produce a vapour rather than smoke and ash – to be excluded from the new legislation.

The Telegraph was told that the tobacco giant had sent a pre-action protocol letter to the Department of Health and Social Care, setting out its concerns.

The letter, according to sources, was understood to claim the consultation was not “meaningful” because the outcome was pre-determined, and that the consultation period was not long enough.

The legal letter was also understood to be seeking to limit the scope of the legislation to exclude “heated tobacco products”. In such products, special devices heat the tobacco at much lower temperatures than ordinary cigarettes.

One senior Whitehall source said: “This looked like an attempt to hold up the legislation so that this Government can’t get it through.”

Ministers have previously said they would fight off any attempts to wreck the Bill. Health Secretary Victoria Atkins last month pledged “I won’t be swayed by Big Tobacco” adding: “This Government will create a smoke-free generation and work to clamp down on vaping amongst children.”

Andrea Leadsom, the public health minister, has also accused the tobacco industry of being “active in trying to undermine the policy.”

In comments last month, she said: “The industry has a long history of trying to obstruct and delay tobacco reforms. But we have absolutely no intention of going back on our word.”

In a statement, Philip Morris said: “We notified the government of procedural flaws in the consultation process. They subsequently amended the consultation procedure to allow substantive responses and answered other enquiries. As such, we withdrew the claim on 15th January.

“We agree with the Government’s smoke-free 2030 ambition, however, we do not believe that reduced-risk smoke-free products—including heated tobacco—should be included alongside combustible cigarettes in any potential legislation. Including some smoke-free products in this legislation would confuse adult smokers looking to switch to a better alternative.”

In 2012, the Australian government defeated Philip Morris in the High Court, after the court held that Australia’s plain cigarette packaging laws were legal and did not constitute an unjust confiscation of trademarks and intellectual property. Philip Morris had to pay all of Australia’s costs.

Source: The Telegraph, 18 January 2024

See also: Tobacco tactics – Phillip Morris ([link removed]) | Tobacco Industry Interference with Endgame Policies ([link removed])

Global Centre for Good Governance in Tobacco Control - The Global Tobacco Industry Interference Index ([link removed])

DHSC - Stopping the start: our new plan to create a smokefree generation ([link removed])
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** Opinion: Will local authorities be able to enforce the smoking ban?
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**
Writing in Conservative home, Local Government Editor and former councillor in Hammersmith and Fulham, Harry Phibbs, discusses the government’s Smokefree Generation legislation which “proposes to completely and permanently outlaw sales of tobacco to anyone born after January 1st 2009”.

Phibbs argues that there are doubts over the “practical impact” of this policy and likens it to alcohol prohibition in the US which led to a significant rise in illicit sales. However, he acknowledges that the proposal on smoking will be introduced gradually.

Phibbs argues that the illicit tobacco trade in UK is “already very substantial” and that “Local authority trading standards officers are completely overwhelmed”. He argues that anti-smoking campaigns are ineffective and calls for some public health funding to be moved to trading standards.

Phibbs claims that continuous tobacco tax increases encourage smuggling and that raising the age of sale will put greater strain on poorly funded trading standards teams.

Phibbs quotes James Lowman, chief executive of the tobacco industry linked Association of Convenience Stores and Muntazir Dipoti, President of the Federation of Independent Retailers which has previously received funding from tobacco companies, who highlighted the impact of illicit trade on retailers and called for more enforcement activity.

Phibbs highlights the examples of the ban on tobacco sales in South Africa during the pandemic and the smoking ban in Bhutan, stating neither yielded a significantly lower smoking rate and instead increase illicit tobacco sales.

Source: Conservative Home, 15 January 2024

See also: LGA - Legislating to create a smokefree generation: LGA consultation response ([link removed]) | Chartered Trading Standards Institute consultation response - Creating a smokefree generation and tackling youth vaping ([link removed]) | SFAC - Smokefree generation FAQs ([link removed]) | ASH submission to the smokefree generation consultation ([link removed]) | DHSC - Creating a smokefree generation and tackling youth vaping: what you need to know ([link removed]) | ASH - Two thirds of the public back raising the
age of sale to create a smokefree generation ([link removed]) Tobacco Tactics - Association of Convenience Stores ([link removed]) | Federation of Independent Retailers ([link removed])
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Read Here ([link removed])


** Parliamentary activity
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** Westminster Hall debate: Sale of illegal vapes
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**
On Tuesday, MP’s held a backbench debate to consider the matter of the use and sale of illegal vapes.

Peter Gibson ([link removed]) (Con) led the debate, welcoming the decrease in smoking rates and acknowledged the role that nicotine replacement products had played in achieving this, including vapes. Gibson expressed concern about the increase in youth vaping and called for plain packaging for vapes, national awareness campaigns about illegal vaping and licensing for both vapes and tobacco.

Mary Kelly Foy ([link removed]) (Lab), Vice Chair of the APPG on Smoking & Health, highlighted the Government’s decision to reject her amendments to the Health and Care Bill in 2021 which would have given Ministers powers to further regulate vapes. She extended her support for regulation of illicit vaping products and welcomed the government’s announcement on illicit vape enforcement squads but said it needed to go further.

Sally Ann Hart ([link removed]) (Con) highlighted that vaping, while less harmful than smoking, has unknown long-term health effects and raised concerns about an investigation showing unsafe levels of metals in some e-liquids. Hart brings up the accessibility and prevalence of illicit vapes, which are easily accessible to minors and said the upcoming tobacco and vapes Bill should address this, citing ASH’s policy recommendations ([link removed]) as worth considering.

Dr Caroline Johnson ([link removed]) (Con) proposed several solutions to the growth in youth vaping including; banning disposable vapes, flavours, and public displays, extending smokefree laws to cover vaping in public places and imposing stricter regulations on advertising and marketing. Johnson welcomed the government’s announcement of an illicit vape enforcement squad but said there should be a registration scheme for selling vapes, on the spot fines and an import tax.

Kirsten Oswald ([link removed]) (SNP) expressed her strong opposition to disposable vapes, citing both environmental and health concerns, arguing that disposable vapes are the main choice of young people. Oswald highlighted the environmental impact, drawing attention to the discarded plastic and pollution caused by disposable vapes and their difficult disposal.

Responding for Labour, Preet Kaur Gill ([link removed]) (Lab) Shadow Minister (Primary Care and Public Health) expressed concern about the rise in youth vaping despite its potential as a smoking cessation tool for adults. Gill criticized the government's inaction and lack of effective legislation to protect children from harmful and illegal vapes, mentioning regulatory loopholes allowing nicotine-free vapes (often containing nicotine) to be sold to children and called for nicotine-free vapes to be regulated by the Medicines and Healthcare products Regulatory Agency (MHRA). Gill urged the government to take responsibility for the increase in youth vaping, enact stricter regulations banning the sale of nicotine-free vapes to children, grant the MHRA greater powers and authority to remove non-compliant products from the market and increase enforcement efforts by trading
standards and Border Force.

Responding for the Government, Dame Andrea Leadsom ([link removed]) (Con) Parliamentary Under-Secretary (Department of Health and Social Care) reassured that youth vaping was a top priority and said that the results of the government consultation were imminent.

Leadsom spoke about the specialised illicit vaping enforcement team announced in April which identifies and seizes illicit vapes at seven ports in the UK, the government has also given £3million over two years to National Trading Standards and £30 million to enforcement agencies over the next five years. The government has also increased the number of training resources available to teachers and will update the curriculum to include information about the health risks of vaping and has written to police forces to get school liaison officers to keep vapes off the playground. They will also introduce new fixed penalty notices.
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Read Here ([link removed])


** Link of the week
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** Blog: Going smokefree; why the new age of sale proposal for smoking is good news for mental health

Writing for the Mental Health Foundation, CEO Mark Rowland discusses the Government's proposal to incrementally raise the age of tobacco sales in England, presenting it as a significant move for mental health. Rowland highlights the connection between smoking and poor mental health and how it is identified as a major factor influencing both physical and mental well-being.

Rowland points out that evidence contradicts the belief that smoking reduces stress, emphasizing its role in mental health issues. He states that increasing the tobacco sales age has proven effective in reducing smoking rates among specific age groups. The mental health benefits include protecting those with existing diagnoses, preventing mental health issues in young people, and aiding individuals with low income. Rowland calls for additional measures, such as well-funded anti-smoking campaigns, to maximize the public health opportunity presented by the age of sale proposals. He also highlights the tobacco industry's attempts to undermine the policy and emphasizes the need to prioritize mental health over profit.

Source: Mental Health Trust, 17 January 2024

DHSC - Stopping the start: our new plan to create a smokefree generation ([link removed])
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Read Here ([link removed])


** Blog: Weekend reading: UK report on industry’s role in poor health

Writing in Food Politics, Paulette Goddard Professor, of Nutrition, Food Studies, and Public Health, Emerita, at New York University, Marion Nestle, discusses the report by Action on Smoking and Health (ASH), the Obesity Health Alliance (OHA), and the Alcohol Health Alliance (AHA)—noting that the report goes beyond personal responsibility and explores the political and economic causes of poor health. It argues that big businesses profit from health issues related to smoking, alcohol consumption, and unhealthy eating, resulting in societal costs such as poor health, higher taxes, and economic challenges. The economic impact is estimated at £31bn, leading to 459,000 people out of work, while the industries generating harmful products make £53bn in combined revenue.

Nestles blog underscores the report's call for government intervention, recommending a coherent policy approach to tobacco, alcohol, and unhealthy foods, with a focus on primary prevention. It highlights the need to protect public health policymaking from industry influence and suggests actions to reduce sales of harmful products, including advertising restrictions, age limits, avoiding prominent product placement, price increases through taxation, and public education about health risks.

Source: Food Politics, 12 January 2024

ASH - Holding us back: tobacco, alcohol and unhealthy food and drink ([link removed])
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ASH Daily News is a digest of published news on smoking-related topics. ASH is not responsible for the content of external websites. ASH does not necessarily endorse the material contained in this bulletin.

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