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JTI calls for clarity on TPD provisions

| April 30, 2014

While criticizing strongly some of the provisions contained in the EU’s new Tobacco Products Directive, Japan Tobacco International has appealed for clarity so that tobacco industry businesses can comply with the complex and costly changes that have to be made in the short timeframe allowed.

“These regulations are wide-ranging and restrict the way products are made, packaged and sold,” said Ben Townsend, head of JTI’s EU Affairs Office.

“They will have a huge impact on millions of legitimate businesses across the EU, from farmers to packaging manufacturers, and tobacco producers to retailers. “Given the very short timelines and costly changes required, clarity must now be given on the multiple measures contained in the TPD and subsequent implementation and delegated acts.”

“Make no mistake: These regulations will not achieve the public health benefits that law-makers have claimed.

“Legitimate businesses will suffer as excessive packaging requirements and banning entire product categories will benefit international criminal networks who will fill this supply gap.”

Directive 2014/40/EU of April 3, 2014, on the approximation of the laws, regulations and administrative provisions of the member states concerning the manufacture, presentation and sale of tobacco and related products, was published in the Official Journal of the European Union on April 29. It repeals Directive 2001/37/EC.

The new directive is due to enter into force on May 20, and member states are required to bring into force the laws, regulations and administrative provisions necessary to comply with the directive by May 20, 2016. However, member states may allow tobacco products, which are not in compliance with the new directive but which are manufactured in accordance with the previous directive and distributed before May 20, 2016, to be placed on the market until May 20, 2017.

The directive is at http://eur-lex.europa.eu/legal-content/DE/TXT/?uri=OJ:L:2014:127:TOC.

It might seem obvious but not to the FDA

| April 30, 2014

A leading health expert has expressed dismay that the U.S. Food and Drug Administration is unsure whether smoking tobacco cigarettes is any more hazardous than is vaping e-cigarettes.

Dr. Michael Siegel, a professor in the Department of Community Health Sciences, Boston University School of Public Health, said on Monday that the most damaging revelation in the FDA’s proposed deeming regulations was the fact that the agency was not sure that smoking was any more hazardous than vaping.

“This is worth repeating: The nation’s federal regulatory agency with jurisdiction over cigarettes is not sure that smoking—which kills more than 400,000 Americans each year—is any more dangerous than vaping, which involves no tobacco and no combustion and has not been shown to cause any harm,” he wrote on his blog.

“The FDA is not convinced that inhaling nicotine plus tens of thousands of chemicals and more than 60 known human carcinogens is any worse than inhaling nicotine plus propylene glycol and low levels of a few other chemicals.”

Siegel’s full blog is at http://tobaccoanalysis.blogspot.co.uk/2014/04/federal-agency-that-regulates.html.

PM USA seeking review of reinstatement of $10.1 billion “lights” judgment

| April 30, 2014

Philip Morris USA has said that it will seek immediate review by the Illinois Supreme Court of yesterday’s appellate court decision to order reinstatement of the 2003 judgment in the Price “lights” case. While that review is pending, the appellate court decision is stayed automatically.

“Almost 10 years ago, the Illinois Supreme Court reversed the Price judgment as contrary to Illinois law,” said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of PM USA. “The Fifth District Court of Appeals’ decision today conflicts with that ruling and essentially overrules a decision of a higher court.

“The law does not allow the Fifth District to reopen a decision by the Illinois Supreme Court based on speculation about the possible impact of subsequent events on the higher court’s ruling.

“In addition, the Fifth District erred in ordering reinstatement despite the fact that the Illinois Supreme Court previously raised other problems with the judgment, including whether the case was properly certified as a class action.”

The Illinois Supreme Court in 2005 overturned a $10.1 billion judgment against PM USA, which was imposed by former Madison County Circuit Judge Byron, sitting without a jury. The original case, filed in 2000, alleged that Illinois smokers were deceived in purchasing Marlboro “Lights” and Cambridge “Lights” cigarettes and, therefore, were entitled to a refund.

“If the Illinois Supreme Court declines to review the case at this point, PM USA will pursue an appeal in the ordinary course, to which a $250 million bond cap would apply,” Garnick added.

Essentra Packaging offers prize to keep the ideas fresh at Interpack exhibition

| April 30, 2014
Canned idea from Essentra.

Canned idea from Essentra.

Visitors to Interpack are being asked for ideas about how AquaSense™, the latest label innovation from Essentra Packaging, can revolutionize packs.

Every idea submitted by visitors to Essentra’s stand, C20, in hall 7 at Messe Düsseldorf May 8–14 will be in with a chance of winning an iPad Mini at the end of the show, the company said in a press note issued yesterday.

AquaSense™ has been designed to help maintain and control the moisture content within packs, ensuring the goods do not dry out and are kept fresh.

Moreover, in a press note issued towards the end of March, Essentra said that AquaSense™ had been designed to help maintain and control the moisture content of make-your-own tobacco packs.

According to the March press note, an absorbent AquaSense™ pad included in the packaging and available on opening was placed by the consumer under a running tap or in a glass of water. The pad soaked up only a specific amount of water that it then released over time to keep the contents of the packaging fresh, control humidity and reduce product waste due to drying out.

The pad could be supplied in a variety of formats and sizes and had been designed to meet the specific protection needs of make-your-own tobacco packs and tubs.

And it could be used to deliver high-impact promotional graphics and messages that appeared on the addition of the water.

Plain packaging dispute moves up a gear

| April 29, 2014

Australia could learn by the end of this year whether its standardized tobacco packaging regulations have fallen afoul of World Trade Organization requirements, according to an Agence France Presse story.

Since Dec. 1, 2012, Australia has required that all tobacco products be sold in packaging designed on behalf of the previous Labor government to be as ugly as possible. Packs are hugely dominated by graphic health warnings, are otherwise a standard olive color, have no logos or other design features, and have brand and variant names in a standardized font and position.

Australia and the five countries that have raised objections to the regulations, Cuba, the Dominican Republic, Honduras, Indonesia and Ukraine, agreed at a WTO dispute settlement body meeting on Friday to combine the five separate challenges into a single case.

WTO chief Roberto Azevedo is expected by May 5 to name the three-member panel of independent trade and legal experts, who, under the organization’s rules, will then have six months to issue a ruling.

However, according to a story by Tom Miles for Reuters, panels frequently ask for more time, and the WTO’s dispute system is suffering from a bottleneck.

Additionally, any party to the dispute could appeal, a process that can add months to the outcome, and some disputes drag on for years because of disagreements over whether a country ruled to be in the wrong has done enough to comply with the terms of the WTO judgment.

The Agence France Presse story, meanwhile, quoted trade analysts as saying that the dispute ruling could have far-reaching implications for how governments balanced global intellectual property rules with measures they say are in the public interest.

E-cigarette use among never-smokers negligible, says anti-smoking body

| April 29, 2014

Electronic cigarette use among people who have never smoked remains negligible in Great   Britain, according to an ASH (Action on Smoking and Health) fact sheet.

Only 1.1 percent of “never-smokers” have ever tried e-cigarettes and almost none of those who have tried these products continue to use them.

Among former smokers, 11.8 percent have tried e-cigarettes but only 4.7 percent use them on a regular basis.

ASH has commissioned a series of surveys on e-cigarette use, starting in 2010 with a survey of adult smokers that was repeated in February 2012, February 2013 and March 2014. In March 2013, an additional survey of young people aged 11 to 18 was conducted.

Using its own and government data, ASH estimates that whereas in 2010 only 8.2 percent of current smokers had ever tried e-cigarettes, by 2014, that figure had risen to 51.7 percent.

Between 2010 and 2014, also, there was a gradual but consistent rise in the number of current smokers who used e-cigarettes on a regular basis: 2.7 percent to 17.7 percent.

There are currently 2.1 million e-cigarette users in Great Britain, of whom about 700,000 are ex-smokers and 1.3 million continue to use tobacco alongside e-cigarettes.

The ASH fact sheet is at http://www.ash.org.uk/files/documents/ASH_891.pdf.

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