European parliament rejects moves to restrict e-cigarettes

Members of the European Parliament (MEPs) have been forced to limit their attempts to restrict the sale and promotion of cigarettes in Europe.

After intense lobbying from the tobacco industry, MEPs backed away from requiring 75 percent coverage of pictures in advertisements and including health warnings on cigarette packs. Instead, they opted for 65 percent as suggested by the tobacco industry.

They have also opted to phase out menthol cigarettes over an eight year time frame rather than three, while they rejected calls to ban so called ‘slim’ cigarettes favored by the younger generation.

The only real victors from today’s vote are big tobacco firms, whose aggressive and expensive lobbying campaigns have paid offCarl Schlyter

One bright spot was their decision to reject calls for e cigarettes to be subject to the same laws as nicotine replacement therapies such as patches and gum, reported the Independent.

An e cigarette consists of a battery, a cartridge containing nicotine, a solution of propylene glycol or glycerine mixed with water, and an atomizer to turn the solution into a vapour.

Cancer Research UK says it is the toxic cocktail of chemicals in tobacco smoke that kills half of all long term smokers. The lack of tobacco in e cigarettes means they are «almost certainly» a much safer way of getting a nicotine hit than smoking cigarettes, it added.

The Independent said the moves will be seen as a victory for the tobacco industry which has spent over 1 million lobbying MEPs to reject the more stringent safety proposals agreed by European governments.

Swedish MEP Carl Schlyter, who co chairs the public health committee, said, This is a shameful day for the European Parliament, as a center right majority has done the bidding of the tobacco industry and voted for weaker rules, which are totally at odds with citizens’ interests and public health.

The Parliament s public health committee voted for robust legislation, with a view to tackling the 700,000 Europeans who die from smoking every year but the core proposals have been scaled back.

The only real victors from today’s vote are big tobacco firms, whose aggressive and expensive lobbying campaigns have paid off.

EU Health Commissioner Tonio Borg said, I am confident that the revised Directive on Tobacco Products can still be adopted within the mandate of the current Parliament.

The Independent revealed the scale of the tobacco industry lobbying operation, with Philip Morris International, the makers of Marlboro, spending 1.2 million wooing MEPs to water down safety proposals.

Tobacco kills as many as 695,000 people a year in the EU, or one person every 45 seconds, according to the commission, which says a third of Europeans still smoke.

English MEP Chris Davies said after the vote, E cigs can be a game changer in the fight against smoking. Hundreds of former smokers have written to tell me that they have helped them give up cigarettes when nothing else worked.

They are successful because they are not medicines but products that smokers enjoy using as an alternative to cigarettes.

Dr. Philippe Presles, who led a group of ten French medical professionals in a joint statement to the European Parliament this week, in support of electronic cigarettes, praised Tuesday s move.

It s a very wise decision, Presles, a tobacco specialist at the Insitiut Moncey, told The Local. This way, research can continue in order to improve e cigarettes and e liquids, products he believes have a demonstrable record of helping tobacco users to quit.

The statement added, «If doubts and debates persist about whether or not certain ingredients in e cigarettes are perfectly harmless over the long term, they should be contrasted with the absolutely certain dangers of tobacco use.

Tobacco advertising — wikipedia, the free encyclopedia

The first calls to restrict advertising came in 1962 from the Royal College of Physicians, who highlighted the health problems and recommended stricter laws on the sale and advertising of tobacco products. In 1971, an agreement between the government and the tobacco industry saw the inclusion of health warnings on all cigarette packets. All television commercials for cigarettes were banned on 1 August 1965, although commercials for loose tobacco and cigars continued until 1991. 42 43

Non television advertising campaigns were still allowed in the UK but came under stricter guidelines in 1986, which in particular, prevented adverts from actually showing a person smoking. The tobacco producers responded with increasingly indirect and abstract campaigns, among which those of Benson & Hedges and Silk Cut became particularly recognisable. Until about the mid 1990s many corner shops, newsagents and off licences had on their shop signs prominent branding by cigarette brands such as Benson & Hedges, Silk Cut, Regal etc. until the practice was outlawed.

As part of their 1997 election campaign, the Labour Party pledged to ban all advertising of tobacco products. This legislation was passed as the Tobacco Advertising and Promotion Act 2002, 44 which banned most remaining forms of advertising according to the following timescale

Date What was banned 14 February 2003 General advertising 14 May 2003 Promotions 30 July 2003 Sponsorship of sporting events within the UK May 2004 Particular advertisements in tobacconists 21 December 2004 Large adverts in shops, pubs and clubs 31 July 2005 Sponsorship of excepted global events brandsharing

It was banned in Scotland, by the Scottish parliament in 2001. 45

Several exemptions from this legislation remain

  • Advertisements that appear within the tobacco industry
  • Advertisements in publications that are not primarily aimed at a British audience
  • Advertisements in pubs, clubs and shops, as long as the advert’s total size does not exceed that of an A5 piece of paper, with 30% of that being taken up by government health warnings. 46
  • Advertisements other than those for cigarettes or hand rolling tobacco within specialist tobacconists if the sale of cigars, snuff, pipe tobacco and smoking accessories accounts for over 50% of their sales
  • Direct mail that has been specifically requested

While cigarette vending machines were still allowed in licensed premises (until 1 October 2011 in England, 1 February 2012 in Wales and 1 March 2012 in Northern Ireland when a full ban came into force, they are still legal in Scotland) they were only allowed to display a picture of what was available (one image per brand) and no advertisements could be included on the machine.

Finally, cigarette vending machines were then banned in public areas of all English, Welsh and Northern Irish pubs, clubs and restaurants (with Scotland due to follow suit in April 2013), with a fine of 2500 for non compliance. 47

Famous UK tobacco advertising campaigns have included «You’re never alone with a Strand» (a disastrous campaign which led to Strand Cigarettes being taken off the market) and «Happiness is a cigar called Hamlet».

Italy edit

In Italy, advertising of tobacco products has been banned since 1962, 48 though ad in magazines remained legal since the late 70s with a few subsequent changes to the law in 1983 49 and 2004. 50

Serbia edit

In Serbia, tobacco advertising on television, on billboards and in printed media is banned, but advertisements for cigarettes are found within shops and kiosks. 51

North America edit United States edit

In the United States, in the 1950s and 1960s, cigarette brands were frequently sponsors of television programs. One of the most famous television jingles of the era came from an advertisement for Winston cigarettes. The slogan «Winston tastes good like a cigarette should!» proved to be catchy. Another popular slogan from the 1960s was «Us Tareyton smokers would rather fight than switch!,» which was used to advertise Tareyton cigarettes. America’s first regular television news program, Camel News Caravan, was sponsored by Camel Cigarettes and featured an ashtray on the desk in front of the newscaster and the Camel logo behind him. The show ran from 1949 to 1956.

In June 1967, the Federal Communications Commission ruled that programs broadcast on a television station that discussed smoking and health were insufficient to offset the effects of paid advertisements that were broadcast for five to ten minutes each day. «We hold that the fairness doctrine is applicable to such advertisements,» the Commission said. The FCC decision, upheld by the courts, essentially required television stations to air anti smoking advertisements at no cost to the organizations providing such advertisements.

In April 1970, Congress passed the Public Health Cigarette Smoking Act banning the advertising of cigarettes on television and radio starting on 2 January 1971. 52 The Virginia Slims brand was the last commercial shown, with «a 60 second revue from flapper to Female Lib», shown at 11 59 p.m. on 1 January during a break on The Tonight Show. 53 Smokeless tobacco ads, on the other hand, remained on the air until a ban took effect on 28 August 1986. 54 Recently, even further restrictions took effect under the newly enacted Family Smoking Prevention and Tobacco Control Act. Effective 22 June 2010, the new regulations prohibit tobacco companies from sponsoring sports, music, and other cultural events. Also, tobacco companies can no longer display their logos or advertise their products on T shirts, hats, or other apparel. Eventually, the law is planned to require almost all tobacco advertisements to consist of black text on a white background, but the constitutionality of that requirement has come under scrutiny. 55

After 1971, most tobacco advertising was done in magazines, newspapers, and on billboards. Since the introduction of the Federal Cigarette Labeling and Advertising Act, all packaging and advertisements must display a health warning from the Surgeon General. In November 2003, tobacco companies and magazine publishers agreed to cease the placement of advertisements in school library editions of four magazines with a large group of young readers Time, People, Sports Illustrated, and Newsweek. 56

A 1994 report by the Surgeon General, «Preventing Tobacco Use Among Young People,» asserted When young people no longer want to smoke the epidemic itself will die. 57 A critical task of public health was counteracting the indoctrination of the young when they were most susceptible. Hence the report dismissed as misguided the debate as to whether cigarette promotion caused young people to smoke the conclusion was that Whether causal or not, promotion fosters the uptake of smoking, initiating for many a dismal and relentless chain of events 58

In 1997, the Tobacco Master Settlement Agreement bans outdoor, billboard, and public transportation advertising of cigarettes in 46 states. It also prohibits tobacco advertising that targets young people, the usage of cartoons (such as the Marlboro Man or Joe Camel) in particular. 59 In the states which have not signed the agreement, billboards are a major venue of cigarette advertising (10% of Michigan billboards advertised alcohol and tobacco, according to the Detroit Free Press 60 ).

Most recently, signed into law by President Barack Obama, the Tobacco Control Act became active on 22 June 2010. This act not only placed new restrictions on tobacco marketing but also extensive constraints concerning the circulation of cigarettes and smokeless tobacco to minors. Newly effective with this act, audio advertisements are not permitted to contain any music or sound effects, while video advertisements are limited to static black text on a white background. Any audio soundtrack accompanying a video advertisement is limited to words only, with no music or sound effects. 61

Canada edit

In Canada, the adve
rtising of tobacco products was prohibited by the Tobacco Products Control Act as of 1988 and all tobacco products must show attributed warning signs on all packaging. Immediately following the passing of the legislation through parliament, RJR MacDonald (RJR MacDonald Inc. v. Canada (Attorney General)) filed suit against the Government of Canada through the Quebec Superior Court. It was argued that the act, which originally called for unattributed warnings, was a violation of the right to free speech. In 1991, the Quebec Superior Court ruled in favour of the tobacco companies, deciding that the act violated their right to free speech under the Canadian Charter of Rights and Freedoms, as well as being ultra vires. The Crown subsequently appealed to the Supreme Court of Canada.

On 21 September 1995 the Supreme Court of Canada upheld the Tobacco Products Control Act as legal, forcing the tobacco companies operating in Canada to print hazard warnings on all cigarette packs. However, the Court struck down the requirement that the health warnings be unattributed, as this requirement violated the right to free speech, further ruling that it was in the federal government’s jurisdiction to pass such laws, as it fell under the peace, order and good government clause. Recently, sin taxes have been added to tobacco products, with the objective of decreasing usage by making the products less affordable. Currently, radio ads, television commercials, event sponsoring, promotional giveaways and other types of brand advertising are prohibited as well as in store product displays. However, certain forms of advertising are permitted, such as print advertisements in magazines with an adult readership of 85% minimum.

Until 2003, tobacco manufacturers got around this restriction by sponsoring cultural and sporting events, such as the Benson and Hedges Symphony of Fire (a fireworks display in Toronto and Vancouver), which allowed the manufacturers’ names and logos to appear in advertisements sponsoring the events, and at the venues. The ban on tobacco sponsorship was a major factor that led to the near cancellation of the Canadian Grand Prix in Montreal and the du Maurier Ltd Classic, a women’s golf tournament on the LPGA tour (now known as the Canadian Women’s Open).

In May 2008, retail displays of cigarettes in convenience stores in Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, and Nova Scotia have been outlawed. They are now all hidden. 62

Oceania edit Australia edit

In 1972 the federal government introduced mandatory health warnings for radio and television cigarette advertisements. In September 1976 a total ban on tobacco & cigarette advertisements on TV & radio commenced. In December 1989 tobacco advertising was banned from all locally produced print media this left only cinema, billboard and sponsorship advertising as the only forms of direct tobacco advertising.

In 1992 the Tobacco Advertising Prohibition Act 1992 expressly prohibited almost all forms of tobacco advertising in Australia, including the sponsorship of sporting or other cultural events by cigarette brands. Contracts were to be honoured and so domestic sporting and cultural events were allowed to have their corporate sponsorships run their course, but they were no longer allowed to enter into new or renew existing sponsorships. Therefore, by 1998, all domestic sponsorships had expired naturally. However, the Act gave the Federal Minister for Health and Ageing the right to grant exemptions to events «of international significance» that «would be likely to result in the event not being held in Australia» should tobacco advertising be forbidden. A clause in the Act forbade events from applying for an exemption after 1 October 2000, unless they had previously been granted one. By 2006, this had led to only two events being eligible the Australian Motorcycle Grand Prix and the Australian Formula One Grand Prix. A further clause removed the Ministers right to grant any exemptions for any event held after 1 October 2006 the Australian Formula One Grand Prix 2007 therefore featured no tobacco advertising of any sort.

As of December 2013 update in Australia, most cigarette packaging carried graphic images of the effects of smoking as well as information about the names and numbers of chemicals and annual death rates. Television ads included video footage of smokers struggling to breathe in hospital. Since then, the number of smokers has been reduced by one quarter. citation needed

In April 2010, the Australian government announced plans to prohibit the use of tobacco industry logos, colours, brand imagery or promotional text of tobacco product packaging from 2012, requiring that brand names and product names be displayed in a standard drab brown colour, font style and position in a policy known as «plain packaging». 63

New Zealand edit

Tobacco advertising in New Zealand was outlawed with the passage of the Smokefree Amendment Act 1990.

Prior to this, in 1963 advertisements for tobacco products were withdrawn from radio and television. A decade later in 1973, cigarette advertising was banned on billboards and in cinemas, and print media advertising was restricted to half a newspaper page.

In 1995 all remaining tobacco advertising and sponsorship was banned except for point of sale advertising and some tobacco sponsorship exemptions. Point of sale advertising ceased on 11 December 1998.

Upon point of sale advertising being finally banned in New Zealand there are other examples of tobacco advertising that will still remain. These include the use of tobacco packets as advertisements, exempted tobacco sponsorships, tobacco advertising and sponsorship in imported magazines and on cable television as well as the usual tobacco imagery in movies and television.

Health warnings generally graphic images of the harmful effects of smoking are also placed on all tobacco products.

New Zealand will adopt the Australian model of plain packaged cigarettes by the middle of 2014.

Anti smoking advertising edit

Anti smoking groups, particularly cancer charities, along with many government health departments have attempted to counter the advertising of tobacco by creating their own advertisements to highlight the negative effects of smoking. The earliest commercials mainly focused on aiding smoking cessation, the increased risk of lung cancer and the problems associated with passive smoking. However, they have become increasingly hard hitting over the years, with some campaigns now centered around decreased physical attractiveness 64 and the risk of erectile dysfunction. 65 These are more targeted towards younger smokers than previous campaigns. The British government spent 31 million in 2003 as part of their anti smoking campaign. 66

In 2005 the European Union launched the «For a life without tobacco» campaign in all its constituent countries to help people quit smoking. 67

In 2007 and 2008, the New York City Department of Health launched a series of anti tobacco ad campaigns to promote the city’s Quitline and a free nicotine patch and gum program. The first TV spots, «Smoking is Eating You Alive» and «Smoking is Eating You and Your Kids Alive,» depict the damage smoking can do to the body. The ads were noted for their graphic nature 68 as well as their effectiveness. The second series of ads launched 16 April 2008. 69 In these, a 58 year old woman and longtime smoker called «Marie» describes the amputations and pain she has undergone since developing Buerger’s disease, a condition that limits blood flow through the arteries and which was tied to her smoking habit. 70

The Marlboro Man was one of the most successful cigarette advertising campaigns, lasting from the 1960s to the 1990s. The Marlboro brand was promoted by various cowboys, with Wayne McLaren posing for some promotional photographs in 1976. He died of lung cancer in 1992, having appeared in a television spot showing him in a hospital bed. That image was juxtaposed with him during the promotional s
hoot, with a voiceover warning about the dangers of smoking. 71

Sponsorship edit

Tobacco advertising has been hand in hand with many sports internationally. Below are some sports.

Formula One auto racing edit