Image source: Luis Barrios/CC BY-NC-ND 2.0

Key Points

• Mexico is a country in North America, covered by the World Health Organization’s Regional Office for the Americas.
• It has a population of over 127.5 million with current smoking prevalence of 19% amongst the population aged 20 and over.
• Mexico ratified the World Health Organization Framework Convention on Tobacco Control in 2004. It has not joined the Protocol to Eliminate Illicit Trade in Tobacco Products.
• The Mexican tobacco market is dominated by the big transnational tobacco companies, particularly Philip Morris International and British American Tobacco.
• Recent tobacco industry tactics in Mexico include the use of third parties; the targeting of youth with marketing for newer nicotine and tobacco products, particularly on social media; and corporate social responsibility, including during the COVID-19 pandemic.

Mexico significantly reduced smoking prevalence between 2002-2009, in the years around ratification of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC).¹²³ However, between 2009 and 2016 there was no further progress. This may be explained by ongoing industry interference, such as on price and tax; the introduction and rapid growth of flavour capsule cigarettes; as well as challenges involved with implementation of Mexico’s main tobacco control law.³⁴ In more recent years, Mexico has redoubled its efforts, passing a major amendment to its tobacco control law in 2021 which significantly increased compliance with the WHO FCTC.⁵ Mexico now has some of the most comprehensive tobacco control regulation in the world.⁵⁶

Tobacco Use in Mexico

In 2022, the population of Mexico was over 127.5 million.⁷ According to the 2021 National Health and Nutrition Survey on COVID-19 (ENSANUT), prevalence of current smoking in the Mexican population aged 20 and over was just over 19%. There is significant difference between males and females, with nearly 30% of men reporting current smoking compared to around 9% of women. Prevalence of current smoking amongst Mexican youth aged from 10 to 19 was less than 5%, with 7.5% of males in this age range smoking compared to less than 2% of females.⁸

There were an estimated 48,400 deaths attributable to smoking in 2019, accounting for 6.6% of all mortality in Mexico that year.⁹ A study published in 2021 estimated the total cost of tobacco use to the Mexican economy at US$8.2 billion per year. US$5.1 billion is spent on treating diseases associated with tobacco use – equivalent to 9.3% of the annual health budget. The US$1.9 billion that Mexico receives in revenue from the tobacco industry covers just 38% of the burden of tobacco use.¹⁰

Since 2008, Mexico has prohibited sale, distribution and promotion of any product that resembles a cigarette, which has been applied to e-cigarettes and heated tobacco products (see section “Roadmap to Tobacco Control”).¹¹¹² Even so, in the 2021 ENSANUT survey, current use of e-cigarette by adults aged 20 and over was 1.6% (2.5% for males; 0.7% for females). Amongst youth aged 10 to 19, prevalence was slightly higher, at 1.8% (2.4% for males; 1.1% for females).⁸ A 2022 survey by the National Commission Against Addictions estimated that five million Mexicans between the ages of 12 and 65 had used e-cigarettes at some point, with 975,000 being current users.¹³

Tobacco in Mexico

Market share and leading brands

In 2022, market research company Euromonitor International estimated the Mexican tobacco market to be worth nearly 89 billion Mexican pesos (US$4.5 billion), mostly accounted for by cigarette sales.¹⁴ The market is dominated by the big transnational tobacco companies (TTCs), particularly Philip Morris International (PMI) and British American Tobacco (BAT), and to a much lesser extent Japan Tobacco International (JTI). Between them, these three companies accounted for virtually all legal cigarette sales in 2022. PMI is the market leader with just over 60%, followed by BAT with just under 36%. JTI’s share was 4%.¹⁵

As of 2022, the top six brands in Mexico were all manufactured by either PMI or BAT. By far the most popular cigarette was PMI’s premium brand Marlboro, with a market share of over 48%. This was followed by BAT’s mid-range cigarette Pall Mall, with under 22%. All other brands had a share of less than 10%.¹⁶

• For more information on the tobacco industry in Mexico, see the Tobacco Supply Chain Database.

The use of flavour capsule cigarettes is particularly high in several Latin American countries, including Mexico, where their share of the market has risen year on year since 2012.¹⁷ Although they were only introduced in 2011, flavour capsule cigarettes accounted for nearly 28% of the cigarette market in 2022 – amongst the highest proportions in the world.³¹⁸ Research has shown that flavour capsules increase the appeal of cigarettes and stimulate a desire to try them, particularly amongst young people.¹⁸¹⁹

• For more information, see Flavoured and Menthol Tobacco in LMICs.

Tobacco farming and child labour

Tobacco growing in Mexico has fallen considerably since 1980, when it produced nearly 94,000 tonnes of leaf, to under 7,000 tonnes in 2010 (see Figure 1). However, in 2010 production started to increase again, rising to over 15,000 tonnes by 2012, since when the figure has remained roughly stable.²⁰

Figure 1: Mexican tobacco production, 1961 to 2020.²¹ Source: UN Food and Agriculture Organization/Our World in Data | CC BY

Similarly, in 1980 the harvested area was 42,000 hectares, falling to 4,000 hectares in 2010, but up to 7,000 in 2020.²⁰

A series of exposés in the 1990s revealed widespread use of child labour on Mexico tobacco farms, as well as the use of banned agrochemicals and poor living and working conditions for tobacco pickers. While the industry claims much has changed since then, an investigation by The Guardian in 2018 found children working on seven out of the ten farms the report visited in the state of Nayarit, Mexico’s main tobacco growing region. The farms featured in the investigation were supplying PMI, BAT and Universal Leaf Tobacco.²²

• For information on tobacco industry responses to accusations of complicity in child labour, please see the pages on CSR: Child Labour and the Eliminating Child Labour in Tobacco-Growing Foundation (ECLT).

Tobacco and the economy

Mexico is a net exporter both of tobacco leaf and cigarettes. According to UN Comtrade, it exported approximately US$7.1 million in raw tobacco in 2022, compared to around US$2.4 million in imports.²³²⁴

A 2021 report on the impacts of tobacco tax, published by the Center of Research on Food and Development (CIAD), which bases its calculations on the Secretariat of Economy’s Online Tariff Information System, puts the figure for cigarette exports in 2019 at close to US$180 million, compared to imports of over $10 million.²⁵ This corresponds to customs data from Descartes Datamyne, which put cigarette exports for 2020 at over $168 million, compared to imports of US$10.7 million.²⁶ However, the Comtrade figure for cigarette exports in 2020 is much lower.²⁷ No import data is available on Comtrade for that year.

According to the CIAD report, seventy per cent of Mexican cigarette exports served the Canadian market, 15% the Colombian market, and 11% Central American markets.²⁵ Customs data also indicates these are the main export destinations for cigarettes manufactured in Mexico.²⁶

The CIAD report also states that the tobacco industry is a relatively small sector of the Mexican economy, employing just 0.1% of the national workforce in 2018.²⁵

Illicit trade

In a 2021 study which measured the Mexican illicit tobacco trade using two methodologies, illicit cigarettes accounted for 8.8% of total consumption based on an analysis of discarded packs, and 7.6% based on a survey of smokers. Both results are significantly lower than the figure of 16.6% which is widely publicised by the tobacco industry.²⁸ While the figures obtained via both methodologies represent an increase from previous estimates of illicit cigarette consumption – 0.5% in 2009 and 2.7% in 2015 – they are lower than the global average and lower than the figure for other countries in Latin America such as Brazil, Chile and Uruguay.²⁹³⁰ A previous study also found wide geographical variation across the country: for example, in Hermosillo, Sonora, just 0.3% of total cigarette consumption was illicit, while in León, Guanajato, the figure was as high as 27.5%.²⁹

There is also an illegal e-cigarette market. Between January 2021 and June 2022, Mexican authorities seized over 60,000 devices, suspending the activities of nearly 180 retail outlets.³¹

Tobacco and the environment

Mexico produces around 40 billion cigarettes annually. This consumes between 109 and 205 billion litres of water and between 73 and 114 million kilowatts of energy. It also generates CO₂ emissions of between 20,000 and 29,000 tonnes. Around 55 million cigarette butts are discarded every day in Mexico, at an estimated cost of close to US$140 million annually.³²

• For more information, please see the page on Tobacco and the Environment and the long read on Plastics, the Environment and the Tobacco Industry.

Roadmap to Tobacco Control

Mexico was the first country in the Americas to ratify the WHO FCTC in 2004.² However, it has not joined the Protocol to Eliminate Illicit Trade in Tobacco Products.³³

In 2008, The General Law on Tobacco Control came into force, containing most of the provisions established in the WHO FCTC.³⁴ However, it left some significant loopholes. While smoking was completely prohibited indoors in primary and secondary schools, and in federal government facilities, workplaces and other buildings with public access were permitted to provide designated smoking areas. Similarly, the law banned most forms of tobacco advertising, promotion and sponsorship, but made an exception in cases where it was aimed exclusively at adults.³⁵ Some stricter regulation was introduced at subnational level. For example, Mexico City passed its own 100% smokefree law in February 2008 and in the following years 14 states followed suit.³⁶³⁷

In 2021, the Mexican Senate unanimously approved a key amendment to the 2008 General Law, which banned smoking in all enclosed public spaces and workplaces, as well as banning all forms of tobacco advertising.⁵ A further update, which came into force in January 2023, extended smoke-free legislation even to open-air environments where there may be public gatherings, such as parks, beaches and restaurant terraces. It also bans the display of tobacco products in all retail outlets.⁶³⁸³⁹ With these two measures, Mexico made important progress towards full compliance with the WHO FCTC.⁵

Mexico has taken a tough stance on newer nicotine and tobacco products. Since 2008, there has been a ban on any product that resembles a cigarette.⁴⁰⁴¹⁴² Regulators have applied this law to e-cigarettes and heated tobacco products (HTPs), but it has been contested by both retailers and tobacco companies.¹¹⁴⁰ In 2020, the government banned imports of e-cigarettes and HTPs, bringing customs law into line with existing health regulations.⁴³ Though a decree published by the Secretariat of Economy in July 2021 created an exception for HTPs, this was reversed by a new presidential decree in October of the same year.⁴⁴⁴⁵

Finally, on World No Tobacco Day in May 2022, President Andrés Manuel López Obrador signed a decree imposing a total ban on “circulation and marketing” of e-cigarettes and HTPs. This effectively makes the import and sale of these products illegal in Mexico.⁴⁰⁴⁶

For more details, please see the following websites:

• Legislation by country – Mexico, Tobacco Control Laws, Campaign for Tobacco Free Kids
• Mexico, WHO FCTC implementation database, WHO FCTC Secretariat
• Country Profile – Mexico, World Health Organization, WHO report on the global tobacco epidemic 2023

Tobacco Industry Interference in Mexico

Tobacco industry tactics in Mexico include the use of third parties; the targeting of youth with marketing for newer nicotine and tobacco products, particularly on social media; and corporate social responsibility, including during the COVID-19 pandemic.

Use of third parties

Tobacco companies often lobby via industry and trade associations, think tanks, front groups and other third parties, including public relations (PR) companies and professional lobbyists.

In Mexico, the Confederación Patronal de la República Mexicana (COPARMEX) is an employers’ union, which brings together businesses of all sizes and from all sectors.⁴⁷ In 2021, Philip Morris International (PMI) listed COPARMEX as one of the business and trade organisations in which it held a leadership role.⁴⁸

In May 2022, Mexico held a public consultation on an update to its revised tobacco control law, regarding proposals to completely ban the display of tobacco products at points of sale, and to further restrict designated smoking areas to limited open-air environments.³⁸ COPARMEX’s submission to the consultation argued that cost of implementing these measures would be high and adversely impact the owners of small businesses; that the proposals violated the right to free trade; and that they would fuel the growth of the illicit trade.⁴⁹

The National Tobacco Industry Council (CONAINTA) – of which PMI, BAT and JTI are all members – also opposed these measures, arguing that they would have a negative impact on the national economy, including on tobacco growing communities; that they violated consumer rights; and that they would endanger jobs and investment.⁵⁰ In 2023, the president of CONAINTA warned that there would be a “storm” of legal appeals against the updated tobacco control law.⁵¹

Controversial marketing: targeting youth

The tobacco industry has long seen young people as a vital target market; tobacco use generally starts in adolescence. According to the 2016-7 National Survey of Drugs, Alcohol and Tobacco Consumption, the average age of initiation for daily tobacco consumption in Mexico was less than 20 years old.⁵²

Mexican media have documented tobacco companies targeting young people with marketing for newer nicotine and tobacco products via social media. From around 2018, industry hashtags – such as #FuturoSinHumo (“#SmokeFreeFuture”) and #EligeElCambio (“#ChooseChange” – both PMI) and #vypefriends and #govype (both BAT) began to appear on posts by popular Mexican actors, influencers, comedians and others.⁵³⁵⁴ Products such as PMI’s HTP IQOS and BAT’s e-cigarette Vype (since rebranded as Vuse) featured visibly in this content, though often company sponsorship was not made explicit.⁵³

Even before the General Law on Tobacco Control was amended in late 2021, it prohibited tobacco advertising, promotion and sponsorship in all but three circumstances: in adult magazines, in adult-only establishments, or in personal correspondence to adults via post. It also specifically prohibited the online marketing of tobacco products.³⁵ According to a lawyer at the Centro de Investigación y Docencia Económicas, “these products must comply with the General Law on Tobacco Control, which clearly establishes a near-total ban on this publicity.”⁵³

A 2022 study on exposure to e-cigarette advertising and the social acceptability of e-cigarette use in Mexico identified online advertising as one of the channels of exposure most significantly associated with a higher likelihood of perceiving e-cigarettes as socially acceptable.⁵⁵ According to a researcher at the National Institute of Public Health – one of the authors of the study – the industry’s aim is the “renormalization” of nicotine consumption amongst young people.⁵³

• See also the page on PMI’s Futuro Sin Humo campaign.

The tobacco industry has also sponsored motorsports in Mexico. In the 2022 Mexico City Grand Prix, held in October, the McLaren cars displayed BAT’s Vuse branding – in an apparent violation of the comprehensive ban on e-cigarettes brought in just months beforehand.⁵⁶ Motorsport sponsorship is a longstanding and well-documented promotional strategy aimed at young people, particularly boys and young men.⁵⁷

Corporate social responsibility

Tobacco companies often use corporate social responsibility (CSR) initiatives to enhance their public image and corporate reputation.

In 2018, PMI’s local subsidiary Philip Morris México (PMM) set up a partnership with a local start-up, Eco Filter, which uses biotechnology to recycle cigarette butts.⁵³⁵⁸ This partnership involves clean-up and collection initiatives which target young people, with events taking place at concerts, parks and universities. Eco Filter also delivers presentations to young people in which it displays PMI logos, and has used the social media hashtag and PMI slogan #FuturoSinHumo.⁵³⁵⁹ Eco Filter states that it does not promote PMI’s products or encourage nicotine consumption amongst young people.⁵³

In 2021, Eco Filter opened a new factory in Guadalajara, Jalisco, with support from PMM.⁵⁸⁶⁰ It will process waste from PMM’s manufacturing facility near Guadalajara, as well as cigarette butts from the street.⁶¹⁶²

• See also Cigarette Filters.

Both PMI and BAT carried out extensive corporate social responsibility (CSR) activities in Mexico during the COVID-19 pandemic. In May 2020, PMI donated electric beds, vital signs monitors and ventilators to a hospital in Guadalajara. PMI also donated money for personal protective equipment (PPE) for healthcare professionals, and meals to a public welfare institution.⁶³ BAT joined a programme called UNIR y DAR (“UNITE and GIVE”) with other local companies in Nuevo León, where BAT México is headquartered. As part of an initiative called #RespiraNL, these companies made donations for PPE.⁶⁴ BAT also provided food supplies in Guadalupe, Nuevo León.⁶⁵

There are also CSR initiatives on child labour in Mexico. For example, since 2001 BAT has run a programme called “Florece” (meaning “Blossom” or “Flourish” in English), which provides day centres for the children of workers in the tobacco fields of Nayarit.⁶⁶⁶⁷

• For more on tobacco industry activity during the pandemic, please see the COVID-19 Tobacco Tactics page and the COVID-19 monitoring database.

Relevant Links

• III Índice Regional de Interferencia de la Industria Tabacalera en países de América Latina y el Caribe 2023, Corporate Accountability, Global Center for Good Governance in Tobacco Control
• Mexico – Tobacco Industry Interference Index 2021, Global Center for Good Governance in Tobacco Control
• Interferencia de tabacaleras en México: reporte de índice regional, Salud Justa, 2021
• Mexico: the long road to Tobacco Control, Pan American Health Organization (PAHO)
• Mexico – Cigarette Tax Scorecard, Tobacconomics
• Tobacco Industry Interference in Mexico, STOP
• México, Organización Panamericana de la Salud

Tobacco Tactics Resources

• E-cigarettes: British American Tobacco
• Futuro Sin Humo
• Flavoured and Menthol Tobacco in LMICs
• PMI’s IQOS: Use, “Switching” and “Quitting”

TCRG Research

• Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, B.K. Matthes, K. Lauber, M. Zatoński, L. Robertson, A.B. Gilmore, BMJ Global Health 2021;6:e004096.

For a comprehensive list of all TCRG publications, including research that evaluates the impact of public health policy, go to TCRG publications.

References

The post Mexico Country Profile appeared first on TobaccoTactics.

The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is an international treaty that aims to reduce the supply and demand of tobacco. The WHO FCTC includes a specific obligation, Article 5.3, requiring Parties to protect public health policies from commercial and vested interests of the tobacco industry.⁶⁸

• More information on Article 5.3, and tobacco industry attempts to undermine the WHO FCTC, can be found on the TobaccoTactics FCTC page.
• A summary and timeline of the relevant WHO FCTC regulations can be found on FCTC Regulations on the Need to Protect Public Health Policies from Tobacco Industry Interference.

The Parties to the WHO FCTC usually meet every two years at the Conference of the Parties (COP). In 2023, the 10^th session of the Conference of the Parties (COP 10) was due to take place from 20 to 25 November in Panama, immediately followed by the third Meeting of the Parties (MOP 3) from 27 to 30 November, to oversee the Protocol to Eliminate Illicit Trade in Tobacco Products. This treaty was adopted at COP 5 and addresses means of countering the illicit tobacco trade. However, both events were postponed to February 2024. COP 10 took place from 5 to 10 February in Panama, immediately followed by the MOP 3 from 12 to 15 February.

COP 10 and MOP 3 provisional agendas are available on the website of the Convention Secretariat of the WHO FCTC.

In August 2023, the WHO released a statement indicating its concern that the tobacco industry and others working in its interest have approached some Parties. Accordingly, the statement calls for Parties to “remain vigilant” in preparation for COP 10 and MOP 3.⁶⁹

This page summarises activities and interference by the tobacco industry and its allies in relation to COP 10 and MOP 3, as well as highlighting criticism aimed at the WHO and COP.

• See History of Interference by the Tobacco Industry and its Allies During COP and MOP for incidents of documented interference at previous COPs.

Tobacco Industry Activities

Discussion of COP 10 by the tobacco industry, industry associates, and industry media, began several months before the conference was due to take place. It focused largely on the topic of tobacco harm reduction, in addition to some lobbying activities documented in tobacco growing countries. Some examples are detailed below.

British American Tobacco

In April 2023 (during the Global Tobacco and Nicotine Forum GTNF’s ‘In Focus’ online series), James Murphy, director of research and science at British American Tobacco (BAT), highlighted COP as an opportunity to discuss tobacco harm reduction.⁷⁰

In May 2023 (at industry event TabExpo), Flora Okereke, head of global regulatory insights and foresights at BAT,  reportedly said that the nicotine industry should work together to fight for harm reduction and send a single message to governments ahead of COP 10: that newer nicotine and tobacco products have a role to play in smoking cessation.⁷¹ She added:

“I think it is time for you to use your access to your government …Remember, the parties are the ones mandated to make decisions at this meeting. Countries have the mandate to raise their voice and their opinion.”⁷¹

Philip Morris International

In October 2023, The Guardian newspaper published an article based on a leaked internal email, sent the previous month by Philip Morris International (PMI) senior vice-president of external affairs Grégoire Verdeaux.⁷² The article points to a widespread PMI lobbying campaign against stronger regulation of “smoke-free”  products ahead of the COP. Verdeaux said that for the previous 18 months his company had worked to “leverage the right support” at the meeting but added: “At this stage we are not where we would like to be – in terms of intelligence, positions and delegations”.⁷²

Verdeaux described the COP 10 agenda as “nothing short of a systematic, methodical, prohibitionist attack on smoke-free products”. He said that PMI would be at the event in Panama and intended to protest its exclusion, adding that it could be “the most helpful private partner the WHO could have in the fight against smoking”.⁷²

During the week of COP 10, Verdeaux attended the launch event of a campaign by Crime Stoppers International that highlighted illicit tobacco trade in Panama.⁷³⁷⁴ Verdeaux stated “We can learn from examples in Europe where sensible regulations have been introduced to control, regulate, and tax alternatives to cigarettes. So, you don’t corner smokers into the black market”.⁷³

Tobacco industry associations meet with government in Brazil

In June, a public hearing was held at the Chamber of Deputies, Brazil’s lower house of Congress, to clarify the country’s position at COP 10.⁷⁵ It was attended by representatives from various government departments, as well as representatives of the Tobacco Growers’ Association of Brazil (AFUBRA), the Brazilian Tobacco Industry Association (ABIFUMO) and the Interstate Tobacco Industry Union (SindiTabaco).⁷⁶ The Ministry of Health reportedly declined to attend.⁷⁷

During the meeting, the president of SindiTabaco described the WHO FCTC as “the worst dictatorship” for not allowing the “the parties with the greatest interest to take part in the debates”. “We should monitor Brazil’s position in the next COP and warn of the consequences of a misguided approach”, he added.⁷⁷

In July, representatives from several industry associations including SindiTabaco met with the Minister of Agriculture to ask for his support ahead of COP 10.⁷⁸ A similar meeting was held with the Minister of Agrarian Development a few days later, in which the minister reportedly criticised initiatives to replace tobacco as a cash crop.⁷⁹

In October there was a further meeting between industry associations and representatives of various government departments.⁸⁰ In the meeting, industry representatives called for transparency on the Brazilian position at the COP and the inclusion of tobacco growers at every stage of the discussions.⁸¹

In February 2024, the Brazilian parliamentary committee, consisting of state and federal representatives from tobacco-growing regions in Southern Brazil, was denied entrance to COP 10.⁸² The committee held daily debriefing sessions that were moderated by the head of the Brazilian delegation, Carlos Henrique Abreu e Silva.^{83 84} Abreu e Silva also met with the Tobacco Growers’ Association of Brazil (Afubra) and the International Tobacco Growers Association (ITGA) during one of the meetings.⁸⁵

Tobacco Industry Media and Events

Filter magazine

In July and August 2023, Filter magazine published articles on COP 10. Filter is owned by The Influence Foundation, which receives direct and indirect tobacco industry funding, from tobacco companies and the PMI-funded Foundation for a Smoke-Free World (FSFW).

Written by the pro-tobacco blogger Martin Cullip, one article, titled “Time Short to Stop the WHO’s Assault on Tobacco Harm Reduction”, he described “threats” which could be posed by the COP 10 meeting, including prohibition of non-tobacco e-liquid flavours, and the extension of regulations on tobacco products to newer nicotine and tobacco products. He called upon “the public, the safer nicotine trade and tobacco harm reduction advocates” to petition key policymakers and national delegates.⁸⁶

In another article, he stated that the WHO was “dishonestly railroading delegates toward a preordained outcome of heavy restrictions and prohibition” and that parties “make their decisions based on robust evidence, rather than a steady stream of propaganda”.⁸⁷

Around COP, Filter magazine published several articles by Lindsey Stroud of the Taxpayers’ Protection Alliance (TPA), which criticised the WHO.⁸⁸⁸⁹⁹⁰ The Influence Foundation declared that it had received funds from the TPA “to support travel to Good COP”, a parallel meeting run by the TPA during COP 10.⁹¹

See below for more on the TPA.

Tobacco Reporter

Industry publication Tobacco Reporter, which is owned by the Tobacco Merchants Association (TMA), has a dedicated section on its website called ‘Special Report: COP 10’, where it published articles before, during and after COP. The stated aim was to examine COP 10 closely, arguing that the decisions to be made at the COP could have far reaching implications for the tobacco industry, suppliers, tobacco farmers, smokers and users of e-cigarettes.⁹²

Global Tobacco and Nicotine Forum 2023

The Global Tobacco and Nicotine Forum (GTNF) is an annual tobacco industry-funded event, sponsored by major transnational tobacco companies including PMI, BAT and Imperial Brands.⁹³⁹⁴

On the final day of the 2023 conference, a session titled ‘Talking about COP 10’ was led by Derek Yach, former FSFW president and board director, and Flora Okereke of BAT.⁹⁵ The discussion focused on the topic of tobacco harm reduction.⁹⁶

• For more information on the GTNF, please see the page on the Global Tobacco and Nicotine Forum.

Tobacco Industry Allies’ Activities

Knowledge-Action-Change

In April 2023, Knowledge-Action-Change (KAC), a FSFW grantee, published a COP briefing paper on the website of its Global State of Tobacco Harm Reduction (GSTHR) project. The brief stated that the COP lacked transparency and accountability, and included instructions for how to engage with the COP and lobby officials.⁹⁷

In October 2023, KAC published a further briefing on the COP 10 agenda, which described “The principal threats to THR [tobacco harm reduction] and consumer access to SNP [safer nicotine products]”.⁹⁸

The following month, KAC published another briefing paper focused on tobacco harm reduction consumer advocacy groups, criticising their exclusion from COP 10.⁹⁹¹⁰⁰ This briefing has been referred to in industry media.^101102103

Institute of Economic Affairs

The Institute of Economic Affairs (IEA), a “free market” UK think tank, has a history of collaboration with the tobacco industry, including receiving financial support from tobacco companies.

The Director of the IEA’s “Lifestyle Economics” unit, Christopher Snowdon, authored an article published by The Sun criticising the WHO’s stance on e-cigarettes as “unscientific and fanatical”, described it as a threat to global health, and said the UK had an opportunity to oppose proposals relating to e-cigarettes during COP 10. He also described the WHO as a “fundamentally corrupt and incompetent organisation”.¹⁰⁴

Snowdon attended the Taxpayers Protection Alliance’s ‘Good COP’ event (see below for more information).¹⁰⁵

• For more information see Institute of Economic Affairs: COP 10.

International Tobacco Growers Association

The International Tobacco Growers’ Association (ITGA) is a front group set up and run by the major cigarette manufacturers.

ITGA held several meetings in the year leading up to COP 10 in which the COP featured as a discussion point, and ITGA criticised the WHO FCTC for “excluding” farmers from discussions.^106107108 After its ‘Africa Regional Meeting’ in June, ITGA’s report of the event stated “ITGA President is in a crusade to raise awareness of the false claims raised by WHO about tobacco farming and about the economic viability of alternatives crops”.¹⁰⁷

According to Mercedes Vázquez, ITGA CEO, the organisation applied for observer status at COP 10, though as of November 2023, it had received no reply.¹⁰⁹¹¹⁰ ITGA’s applications to observe previous COPs were refused.¹⁰⁹ It later released a statement ahead of COP 10 in February arguing for publicly attended sessions at COP, and for tobacco growers to be able to participate in the discussions.¹¹¹

During of the week of COP 10, ITGA continued to criticise the WHO and FCTC.¹¹² ITGA also met with the Brazilian ambassador to Panama, head of the Brazilian delegation.¹¹³⁸⁵

• For more information see International Tobacco Growers Association: COP 10.

Tobacco Institute of India

The Tobacco Institute of India (TII) was founded in 1992 by ITC Limited, Godfrey Phillips India and VST Industries Ltd. All three companies have affiliations with either BAT or PMI.¹¹⁴

At an awards ceremony for tobacco farmers, Sharad Tandan, TII director, said that he hoped that COP 10 would not take “ill-conceived policy measures on issues like tobacco crop diversification etc, which will have a devastating impact on India’s export performance and on the livelihood of millions of farmers, farm workers, and their families”.¹¹⁵

World Vapers Alliance

The World Vapers Alliance (WVA) is a US-based organisation funded by the Consumer Choice Center, which in turn receives funding from tobacco industry, and by BAT directly.¹¹⁶¹¹⁷

In September 2023, WVA published an article, arguing that “the WHO has neglected evidence” for the use of e-cigarettes as a smoking cessation aid because “it has already taken a side in the vaping debate”. It also argued that prohibition would lead to “irreversible illicit trade”.¹¹⁸

During the week of COP 10, WVA then criticised the “exclusion of consumers from the decision-making process”.¹¹⁹

• For more information see World Vapers’ Alliance: COP 10.

Center of Excellence for the Acceleration of Harm Reduction

In October 2023, the Center of Excellence for the Acceleration of Harm Reduction (CoEHAR), a FSFW grantee, sent a letter to the European Commissioner for Health and Food Safety, Stella Kyriakides. It stated:

“Our hope is that, in light of scientific evidence, the FCTC and the European Union conduct a careful, balanced, and transparent review of the available scientific evidence regarding non-combustible products, compared to conventional cigarettes, to provide indispensable information for making decisions in the interest of millions of smokers.”¹²⁰

We Vape

We Vape was founded in 2020 by Mark Oates, a fellow at Adam Smith Institute, a UK think tank that has a history of collaboration with the tobacco industry, including accepting funding.

In an article published in August 2023, Mark Oates highlighted what he called “big issues” with the WHO’s recommendations approaching COP 10, and stated that We Vape was running its “Back Vaping Save Lives campaign, to educate and embolden the millions of vapers in the UK whose freedom to use a life-saving tool is under attack”.¹²¹ He called upon “the vaping community and beyond” to write to their local MPand provided a template letter.¹²²

In October 2023, Oates called for readers to oppose tax increases on e-cigarettes during COP 10.¹²³

New Zealand Taxpayers’ Union

The New Zealand Taxpayers’ Union is a lobby group which has previously received funding from BAT.¹²⁴ It ran a campaign entitled “Clear The Air” to promote newer nicotine and tobacco products, and has repeatedly opposed tobacco control measures, including plain packaging.^124125126

In January 2024, it called upon New Zealand’s delegates to COP 10 to reject the WHO’s call to action on e-cigarettes which called for strong regulation and enforcement.¹²⁷.¹²⁸

Other Criticism of the WHO and COP

Taxpayers Protection Alliance

The Taxpayers Protection Alliance (TPA) is a US-based not-for-profit which lobbies on tobacco related topics, including outside the US. (The US is not a party to the FCTC)

TPA announced that they would be running a parallel meeting called “Good COP” to counter the WHO’s “Bad COP”.¹⁰⁵ It described the meeting as “a rapid response and fact checking conference in Panama City” that would “bring in experts and consumers, often ignored by WHO, to be heard during the discussion of tobacco and tobacco harm reduction”.¹²⁹ The National Taxpayer’s Union and the Tholos Foundation, an affiliate of Americans for Tax Reform, were listed as partners of the event. See Lobby Groups for information on these ‘taxpayer’ organisations.¹³⁰

Event speakers listed on the agenda included representatives from the TPA, JCIC International Consultancy, the Institute of Economic Affairs, We Vape and the Centre of Excellence for the Acceleration of Harm Reduction (CoEHAR).¹³¹¹³⁰

In the run up to COP 10, International Fellow of the TPA, Martin Cullip, and Director of the TPA’s Consumer Center, Lindsey Stroud, authored several articles criticising the WHO. One  stated that “permitting commercial tobacco harm reduction products costs governments nothing” and urged them to “roundly reject the WHO’s advice”.^132133134

• For more information see Taxpayers’ Protection Alliance: COP 10.

Global Britain

Campaigns ‘Say No To WHO’ and ‘Save My Vape’ have similar objectives. Their websites invite visitors to sign a petition, though the websites and associated Facebook pages contain no details about the organisations or their funders.¹³⁵¹³⁶ Both campaigns have been linked to Global Britain Ltd, run by PR consultant Brian Monteith. Monteith has a long history of opposition to tobacco control.¹³⁷

Smoke Free Sweden 2023

Health Diplomats, a health consulting company set up by Delon Human, a South African doctor with a history of collaboration with BAT, set up the Smoke Free Sweden 2023 campaign. Human is described as the “leader of the Smoke Free Sweden movement”.¹³⁸

In November 2023, following the postponement of COP 10, Smoke Free Sweden published a press release, urging the FCTC to use the delay “to consider smoke-free success stories like that of Sweden.”¹³⁸

UK All-Party Parliamentary Group for Vaping

UK Member of Parliament Adam Afriyie, vice chair of the UK’s All Party Parliamentary Group (APPG) for Vaping, spoke at the industry-sponsored Global Tobacco and Nicotine Forum (GTNF) in South Korea in September 2023, where he warned against handing over control of UK policy to the WHO.¹³⁹ Afriyie was a member of a panel moderated by David Bertram from EUK Consulting, which has worked for BAT since 2000.¹⁴⁰¹⁴¹

Afriyie’s expenses were paid, as in 2022, by the GTNF trust.¹⁴²¹⁴³ Afriyie has been accused of having a conflict of interest because of his connections to Elite Growth, a firm that sells disposable vapes, of which his wife is a shareholder.¹⁴³ He has been closely associated with the UK Vaping Industry Association (UKVIA) while the Big Four transnational tobacco companies were members (UKVIA stated in September 2023 that it no longer has tobacco company members).^144145146 For more information see the UKVIA page.

Afriyie has argued in Parliament that the UK should work more closely with the tobacco industry,¹⁴⁷ and has lobbied for the legalisation of snus in the UK, on behalf of Swedish Match.

Other APPG members have also been critical of COP.¹⁴⁸¹⁴⁹ Mary Glindon MP, another vice chair of the APPG, called COP 10 “the biggest threat to the U.K.’s world-beating harm reduction strategy” with its “singular mission focused on actively encouraging countries to ban vaping as part of its tobacco control approach, purposefully flouting the evidence of vaping’s success.”⁷⁰ Glindon was speaking at the GTNF’s In Focus webinar in April 2023. Other keynote speakers included Delon Human, James Murphy of BAT, and Derek Yach, former FSFW president.⁷⁰¹⁵⁰

The APPG for Vaping closed down in November 2023, reportedly because no-one was able to take over Mark Pawsey’s position as chair.¹⁵¹

Relevant Links

• World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC)
• FCTC COP website
• The Protocol to Eliminate Illicit Trade in Tobacco Products
• FCTC MOP website

Tobacco Tactics Resources

• COP & MOP
• Framework Convention on Tobacco Control
• Protocol to Eliminate Illicit trade in Tobacco Products
• Illicit Tobacco Trade

References

The post Interference around COP 10 & MOP 3 appeared first on TobaccoTactics.

The World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) is an international treaty that aims to reduce the demand and supply of tobacco. It entered into force in February 2005, and as of 2023, there are 183 Parties to the treaty.¹⁵³

Article 3 of the WHO FCTC establishes that “the objective of this Convention and its protocols is to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures to be implemented by the Parties at the national, regional and international levels in order to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke”.¹⁵⁴

What is the endgame?

The tobacco ‘endgame’ is the concept of moving beyond a focus on tobacco control, towards implementing policies and strategies that could phase out tobacco products entirely.¹⁵⁵ According to Cancer Research UK, among others, this would require systemic changes, including:

“initiatives designed to change/eliminate permanently the structural, political and social dynamics that sustain the tobacco epidemic, in order to achieve within a specific time an endpoint for the tobacco epidemic.” ¹⁵⁶¹⁵⁷

This could involve the reduction of prevalence of smoking to – or very close to – zero.

Policy Options

Research conducted into potential endgame strategies has identified plausible new policies for reducing smoking to minimal levels. These include:

• A tobacco-free generation policy, which precludes the sale and supply of tobacco to individuals born after a certain year¹⁵⁸¹⁵⁹
• A ‘sinking-lid’ strategy, which involves establishing steadily decreasing quotas on the sales or imports of tobacco products^158159160
• Substantially reducing the number of tobacco product retailers, which could include restricting retailer density, location, type, or licensing, or restricting tobacco sales to government run outlets^158159161162
• Mandating low-nicotine levels in tobacco products¹⁵⁸¹⁶³
• Banning the sale of one or more tobacco products¹⁶²¹⁵⁸
• Shifting control of the supply and distribution of tobacco products away from tobacco companies¹⁵⁵¹⁶⁴

Implementation of endgame policies

National goals and policies

The first countries to propose tobacco endgame goals, and start developing legislation to achieve these targets, were Finland,¹⁶⁵¹⁶⁶ New Zealand,¹⁶⁷ Ireland,¹⁶⁸ Scotland,¹⁶⁹ Sweden¹⁷⁰ Canada,¹⁷¹¹⁷² and Malaysia.¹⁷³ Other countries that have more recently adopted endgame goals include the Netherlands,¹⁷⁴¹⁷⁵ Australia,¹⁷⁶ and the UK.¹⁷⁷ Typically, the goal is to have a smoking prevalence of less than 5% of the population.

As of 2023, the Campaign for Tobacco Free Kids (CTFK) policy database shows that 13 countries have banned the sale of waterpipe tobacco products, and 19 countries have banned the sale of smokeless tobacco products.¹⁷⁸ A review carried out in 2020 showed that 40 countries had active or pending flavoured tobacco product policies that ranged from banning flavoured tobacco, to banning flavour descriptors and images on packaging.¹⁶²¹⁷⁹ No countries have yet implemented mandatory denicotinisation, substantial retailer reductions or the sinking lid strategy at a national level.

In 2010, Bhutan was the first country to ban the sale, manufacture and distribution of tobacco products.¹⁸⁰ However, the legislation was reversed in 2021 due to concerns that increased tobacco smuggling could result in cross-border transmission of COVID-19.¹⁸⁰

Subnational policies

Several US cities have also implemented endgame strategies. Brookline, Massachusetts introduced a generational tobacco ban in 2021 which prohibited the sale of tobacco products and e-cigarettes to anyone born after 1 January 2000.¹⁸¹¹⁸² Despite litigation brought by retailers in Brookline, which argued that the policy was pre-empted by state law, the Massachusetts Supreme Judicial Court upheld the generational ban in 2024.¹⁸³ Some cities in California have prohibited the sale of tobacco and nicotine products within their jurisdictions,¹⁸⁴ and others have restricted the number or types of retailers permitted to sell tobacco products.¹⁸⁵

In 2016, Balanga City in the Philippines banned the sale and use of all tobacco and nicotine products to those born after 1 January 2000. It also expanded the coverage of an existing smoking ban in the city’s University Town to cover a wider radius. However, both measures were overturned in 2018 after the tobacco industry pursued litigation.¹⁸⁶¹⁸⁷

Tobacco industry interference

As of 2023, Malaysia, New Zealand and the UK are the only countries that have announced plans to adopt a generational endgame policy. New Zealand also proposed introducing mandated denicotinisation and substantial retailer reduction.

Tobacco industry interference to prevent, delay or undermine the legislation has been observed in each of these countries, and is detailed below.

Malaysia

Proposed legislation

In 2022, Malaysia proposed the ‘Control of Tobacco Products and Smoking Bill 2022’ which aimed to phase out tobacco products and e-cigarettes by introducing a generational endgame policy, prohibiting their use and sale to everyone born on or after 1 January 2007.¹⁸⁸

However, when the latest version of the bill was tabled in 2023, the generational ban clause was omitted for all products.¹⁸⁹

Interference from industry and associated organisations

Prior to the bill being tabled, several organisations lobbied against the inclusion of e-cigarettes in the generational endgame policy.^190191192 One of these organisations, the Malaysian Vapers Alliance (MVA), is a member of the World Vapers’ Alliance,¹⁹³ which has received funding from the Consumer Choice Center and BAT. The MVA urged the government to exclude e-cigarettes from the generational ban, and stated that it had conducted a survey of 5000 adult vape users, 96.6% of which did not agree with the ban.¹⁹⁴

When the generational endgame clause was removed from the bill, Malaysia’s former health minister stated that this was due to strong lobbying from tobacco companies.¹⁸⁹ According to local advocates the bill had seen an “unprecedented level of industry interference, some of which have been done in clear violation of the WHO Framework Convention on Tobacco Control”.¹⁹⁵

It is not clear what actions were taken by the tobacco industry to oppose the bill, however industry interference in government activities in Malaysia is high, and has continued to rise in recent years.¹⁹⁶¹⁹⁷

New Zealand

Proposed legislation

In December 2022, as part of its ‘Smokefree Aotearoa 2025 Action Plan’,¹⁹⁸ New Zealand passed the ‘Smokefree Environments and Regulated Products’ Amendment Act’ into law, which would have implemented several tobacco endgame policies.¹⁹⁹ The legislation included three key approaches: a ban on tobacco products being sold to anyone born on or after 1 January 2009, a significant reduction in the amount of nicotine permitted in tobacco products (an 0.8mg/g nicotine limit, compared to 15-16mg/g present in full strength cigarettes), and a huge reduction in the number of retailers allowed to sell tobacco products across the country (from 6000 to 600).¹⁹⁹²⁰⁰

The legislation was due to be implemented progressively starting with the reduction in retailer numbers from July 2024, however in November 2023, as part of an agreement between parties forming a new coalition government, it was announced that all three endgame proposals would be repealed. The new finance minister stated that the additional tobacco tax revenues resulting from repealing the smokefree legislation would be used to finance tax cuts promised during the election campaign.²⁰¹²⁰² The repeal was later confirmed in February 2024.²⁰³ It was reported that health officials had urged the coalition government to maintain elements of the bill and suggested compromises such as introducing a purchase age of 25, however the Associate Health Minister, Casey Costello, rejected this.²⁰⁴

In February 2024, public health experts published a briefing pointing to channels of potential tobacco industry influence on the new coalition government.²⁰⁵ The briefing highlighted past connections between coalition politicians and tobacco companies or industry linked organisations, and noted that the arguments used by the coalition government against tobacco endgame policies aligned with those used by tobacco companies.²⁰⁵²⁰⁶ It also called for all government members to declare any past and current industry connections.²⁰⁵²⁰⁷

Interference from industry and associated organisations

In 2021, following the release of the Smokefree Aotearoa 2025 Action Plan, Imperial Brands, BAT and JTI all submitted responses to the government consultation opposing the major endgame policies.²⁰⁸ Industry linked organisations and individuals also submitted responses opposing the legislation. These included submissions from Centre for Research Excellence: Indigenous Sovereignty and Smoking (COREISS),²⁰⁹ which is funded by the Foundation for a Smoke Free World, and The New Zealand Initiative,²¹⁰ a think tank whose members include BAT and Imperial Brands.²¹¹

In June 2021, BAT reportedly facilitated a protest amongst convenience store owners to contest the proposed tobacco product restrictions.²¹² BAT supplied the dairy owners with postcards which opposed the measures, including the comment “If nicotine is slashed, filters banned and price goes up, many people will go to the black market – these will badly hurt my business, increase risk of robbery to personal safety and could force store to close.” Thousands of these postcards were reportedly delivered to the New Zealand Parliament.²¹²

In August 2023, the ‘Save our Stores’ campaign, another seemingly grassroots initiative supported by convenience store owners,²¹³ called for users to sign a petition urging the government to repeal the latest Smokefree 2025 laws. The campaign website stated that it was “supported by” BAT New Zealand and Imperial Brands New Zealand. The campaign website argued that “A ban on normal strength cigarettes will just mean the illicit trade in tobacco products will boom and be controlled by criminal networks”. It also stated that the legislation would destroy small businesses, and that taking away the tax revenue raised by tobacco sales would “hurt families who are already struggling to make ends meet”.²¹⁴ These narratives were repeated in a series of Facebook adverts published as part of the campaign between August and November 2023, with one advert also stating “tobacco taxes pay for 35,000 police officers”.²¹⁵

This kind of astroturfing is a well-documented industry tactic.

UK

Proposed legislation

In October 2023, the UK Prime Minister announced plans to introduce a generational endgame policy. The new legislation would prohibit the sale of tobacco products to anyone born after 1 January 2009. All tobacco products, cigarette papers, waterpipe tobacco and herbal smoking products were included in the proposal.¹⁷⁷²¹⁶ Later that month, the Westminster government opened a four nations consultation on the tobacco endgame policy, as well as on potential measures to curb the rise in youth e-cigarette use.²¹⁷

The consultation closed on 6 December 2023.²¹⁸ In response to the submissions, the Westminster government confirmed its plans to introduce a generational tobacco ban, ban disposable e-cigarettes and bring forward new powers which would allow the government to restrict e-cigarette flavours, packaging and retail display.²¹⁹ The Scottish and Welsh governments stated that they would also be introducing the new legislation.²²⁰²²¹

Interference from industry and associated organisations

After the generational policy was announced, tobacco control researchers outlined arguments that they anticipated the industry would use to in an attempt prevent or undermine the UK legislation, based on previously used tactics. These included invoking libertarianism and arguments around personal freedom; claiming that the policy would be unworkable and impossible to police; and that it would have unintended consequences, such as increasing cigarette smuggling.²²²

In December 2023, there were reports that the tobacco industry was lobbying the government to increase the age of smoking to 21, instead of introducing the new generational endgame legislation.²²³ An industry source quoted by The i newspaper stated that the generational ban was “unenforceable, and the inevitability of such a ban leading to a black market run by dangerous criminal gangs, there’s a large number of libertarian Tory MPs that do not like the idea the government is limiting people’s free choice…if the Prime Minister does cancel the plan, then [the industry] won’t object to him raising the smoking age to 21”.²²³ The illicit tobacco trade has often been used by tobacco companies to promote key misleading narratives that advance their own business goals.  See also Arguments and Language.

The i also revealed that the tobacco industry had been “inundating MPs with lobbying material in a bid to persuade them to oppose the changes”. It also reported that a letter was sent to MPs, seemingly from constituents, but in fact drafted by employees of tobacco companies, which called the generational ban “ridiculous” and “impractical, illiberal and untested”.²²³ Andrea Leadsom MP, Parliamentary Under Secretary of State in the Department of Health and Social Care, warned that the industry was working behind the scenes to block the policy.²²⁴

Tobacco company lobbying

Tobacco companies lobbied the UK Department of Health and Social Care (DHSC) directly, using many of the same arguments, although only Philip Morris International (PMI) went as far as to issue a legal threat.

In November 2023, PMI sent a pre-action protocol (PAP) letter to the DHSC.²²⁵²²⁶ The PAP letter argued that the consultation was predetermined and that it failed to give adequate reasons regarding the inclusion of heated tobacco products (HTPs). It also argued that  the consultation period was not long enough did not allow the submission of sufficient additional evidence.²²⁵ In a preliminary response (December 2023), the government stated that it was already possible for organisations to upload supporting documents, but to make this clearer, this instruction had been added to the consultation landing page.²²⁷

The government’s full response a week later stated that the legal challenge was “misguided and wholly without merit” and would be “an unjustified attempt to delay or derail important legislative change”.²²⁸ With regard to HTPs, it stated that some of PMI’s claims were “highly subjective and lack supporting independent evidence”. The response concluded that:

“The Government does not intend to enter into any negotiations with the tobacco industry…and will not as you propose “discuss, on an urgent basis, the potential removal of HTP from the scope of the proposed legislation”…the proposed claim has no merit and your client is urged to reconsider its intention to pursue the claim”.²²⁸

The Telegraph newspaper reported that PMI later withdrew the threat, stating “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 15^th January”.²²⁶ PMI told the newspaper  that it agreed with the UK’s smoke-free 2030 plans, but did “not believe that reduced-risk smoke-free products—including heated tobacco—should be included alongside combustible cigarettes in any potential legislation”.²²⁶ In December 2023, PMI reportedly held roundtable events with UK MPs in to lobby for its heated tobacco products (HTPs) to be exempt from future smoking bans.²²³

In November 2023, a law firm acting on behalf of British American Tobacco (BAT) contacted the DHSC, arguing that  the proposals would “materially impact the rights of our clients and others”. It also argued that there was not enough information “regarding the impacts and costs and benefits of the proposals to permit intelligent consideration”, and – as had PMI – stated that consultation period was not long enough, and did not allow the submission of sufficient supporting evidence.²²⁹ BAT were reported to be sponsoring a roundtable due to be hosted by MP Graham Brady on behalf of the Centre for Policy Studies in December 2023 to “discuss the Government’s smokefree ambitions, what policies could support the goal, and what a Conservative approach to public health should look like.”²²³²³⁰ BAT stated that the proposed legislation would be difficult to enforce, and risked creating a new category of “under-age adults”.²³¹ It also published briefing in response to the consultation, which outlined its stance on e-cigarette restrictions.²³²

Imperial Brands and the Tobacco Manufacturers’ Association also reportedly engaged with MPs and government officials regarding the proposals, with a spokesperson for Imperial Brands stating “We understand the Government’s desire for new tobacco control measures, because of the health risks associated with smoking. But, like any prohibition, the proposal to ban the legal sale of cigarettes over time threatens significant unintended consequences.”²²³

In December 2023, Imperial also wrote to the DHSC, arguing that the consultation was “materially deficient and unfair in several important respects”. As with PMI and BAT, Imperial stated that the consultation period was not long enough, and did not allow the submission of sufficient supporting evidence. It also argued that the evidence base for the proposal should be shared.²³³ Imperial published a summary of its response to the government consultation. It said it opposed the generational ban, as it would be “unworkable and unenforceable, and would see an explosion of illicit trade in tobacco”. It also argued that it would not reduce smoking rates.²³⁴ Imperial’s UK head of corporate and legal affairs stated in the retail press in January 2024 that it was having “direct conversations with government” and talking to MPs “to make them aware of illicit trade that is already a problem in their constituencies” including highlighting “loss of revenue for the average retailer”. Imperial also stated that it did not support e-cigarette restrictions including plain packaging, device standardisation, or flavour bans.²³⁵

In November 2023, Japan Tobacco International (JTI) carried out a survey of 1000 convenience retailers in the UK, and reported concerns that a smoking ban would harm business, increase illicit trade, make ID checks more complicated for retailer staff and impact staff training around underage sales.²³⁶²³⁷ A JTI feature in Talking Retail, ‘The Generational Ban: Explained’, described the ban as “an experimental policy not supported by evidence”, and encouraged retailers to respond to the government consultation.²³⁸

Lobbying by industry-linked organisations

The Institute of Economic Affairs, a British think tank with a history of tobacco industry funding, published a briefing paper in November 2023 titled ‘Prohibition 2.0: Critiquing the Generational Tobacco Ban’.²³⁹ The report echoed the industry narrative that a smoking ban would drive illicit trade and “bolster criminal gangs”. It also stated that a ban would “lead to a grey market in sales between friends” and that it “infantilises one cohort of adults, discriminates on the basis of age and raises issues of intergenerational unfairness.”²³⁹ The report disregarded figures published in a review commissioned by the UK’s Department of Health in 2022 relating to the cost of smoking to the NHS, and stated “The reality is that smokers pay far more in tobacco duty than they cost the state in healthcare, while nonsmokers cost the state more, on average, in both healthcare and social security payments”.²³⁹ Action on Smoking and Health (ASH) published an analysis in December 2023 which found that smoking costs England £49.2 billion each year in lost productivity and service costs, plus an additional £25.9 billion lost quality adjusted life years due to premature death from smoking – far outweighing the money brought in from tobacco taxes.²⁴⁰

The Consumer Choice Center (CCC), a US lobby group with a history of tobacco industry funding and links to the Atlas Network, launched a campaign titled ‘No2Prohibition’ which urged the public to contact their MP to oppose the new legislation.²⁴¹ The campaign used the argument that the legislation would result in an increase in illicit trade and stated “Discriminating against adult consumers, depending on what year they were born, is unheard of and would set a dangerous precedent for future regulations. What’s next? Alcohol? Sugar? Fat? We can only imagine”.²⁴¹ The campaign included a series of social media adverts centred on messages of freedom of choice and prohibition.²⁴² These ads were removed by Meta as they did not include verified “paid for by” disclaimers.²⁴²

Forest, a British based Smokers’ rights group with a history of tobacco industry funding, stated that it had urged the government not to introduce a generational ban, ahead of the government consultation deadline in December 2023. It also commissioned a consultancy to carry out a survey, which it states found that “58% of respondents think that if a person can vote, drive a car, buy alcohol, or possess a credit card at 18, they should also be allowed to purchase tobacco”.²⁴³

The Association of Convenience Stores (ACS) is an organisation that represents local stores in the UK. Its “Premier Club” members include BAT, JTI, PMI, Imperial Brands and JUUL.²⁴⁴ ACS stated in December that it had responded to the government consultation, and in its submission “set out a number of concerns about the practical implications of the [generational endgame] policy”. It also stated that it did not support a ban on disposable e-cigarettes.²⁴⁵

The Scottish Grocers Federation (SGF), a trade association for convenience stores with tobacco company members, published an article opposing several possible new retail regulations, which included the generational tobacco policy and restrictions on the sale and visibility of e-cigarettes, stating that it would harm retail businesses.²⁴⁶ Regarding the disposable e-cigarette ban, the SGF Chief Executive warned against “unintended consequences such as an increase in illicit trade” and said that it would “engage with both governments to ensure the best outcome for retailers and their communities”.²⁴⁷ SGF also protested its exclusion from the government’s response to the consultation, due to SGF’s connections with the tobacco industry.²⁴⁸

The World Vapers Alliance (WVA), which has links to BAT, criticised the generational smoking ban. It argued that the UK should instead be “doubling down on its harm reduction strategy”.²⁴⁹ WVA also urged the public to respond to the government consultation to oppose e-cigarette flavour restrictions, the disposable e-cigarette ban and inclusion of heated tobacco products in the generational smoking ban.²⁵⁰ After the consultation closed, WVA published a press release which urged the government to reconsider its stance on banning disposable e-cigarettes.²⁵¹

The UK Vaping Industry Association (UKVIA) published a press release opposing the e-cigarette regulations, stating “the tobacco industry and illicit markets will be the only winners from bans on disposables and flavoured vapes”.²⁵² (UKVIA stated in September 2023 that all of its tobacco company memberships had ended. For details see the UKVIA page).

Relevant Links

• Sunset Plans: Progress on Tobacco Endgame Around the World, ASH (US) website
• Tobacco endgames, ASH Scotland website

TobaccoTactics Resources

• Tobacco Industry Tactics
• Illicit tobacco trade
• Price and Tax
• Menthol and Flavoured Tobacco

Tobacco Control Research Group (TCRG) Research

Sunak’s smoke-free generation: spare a thought for the tobacco industry, G. Hartwell, A.B. Gilmore, M.C.I . van Schalkwyk, M. McKee, BMJ, 2023; 383 :p2922 doi:10.1136/bmj.p2922

References

The post Tobacco Industry Interference with Endgame Policies appeared first on TobaccoTactics.

BOTEC Analysis is a research and consultancy firm based in the US, which works on nicotine and tobacco harm reduction, cannabis, drug policy, transportation and community corrections.²⁵⁹  Its website states that “BOTEC combines the capabilities of a consultancy and a think tank, resulting in service that is nimble and responsive but also grounded in evidence and ethical accountability”.²⁶⁰

BOTEC Analysis has received funding from Philip Morris International (PMI) and the Foundation for a Smoke Free World (FSFW).

People

Samuel Hampsher-Monk has been the Managing Director of BOTEC Analysis since 2017.²⁶¹²⁶² BOTEC Analysis has developed its tobacco harm reduction work since he took on this role.²⁶³

A list of other current employees can be found on the BOTEC Analysis website.

Relationship with the Tobacco Industry

Funded by the Foundation for a Smoke-Free World

BOTEC Analysis has received funding from the Foundation for a Smoke-Free World (FSFW) since 2019.

In 2019, It received a grant of US$299,767 to “Investigate the drivers of smoking cessation in five countries with alternative nicotine delivery device markets”.²⁶⁴

In 2021, it received a further two grants totalling US$401,349 to “Further develop the drivers of smoking cessation in five countries with legalized alternative nicotine delivery systems (ANDS) through a series of additional journal articles, econometric studies, and a full-length book on optimal nicotine regulation” and “Conduct an investigation and analysis and develop recommendations regarding the (i) literature addressing the relationship between COVID-19 and tobacco and nicotine products; (ii) the impact of various tobacco/nicotine related COVID restrictions around the world on smoking and alternative nicotine delivery system (ANDS) use”.²⁶⁵

In 2022 BOTEC received its largest grants to date, two grants totalling US$937,023 to “Investigate the drivers for smoking cessation and tobacco harm reduction in five countries with alternative nicotine delivery systems markets” and “Develop journal articles, econometric studies, and a full-length book regarding the drivers of smoking cessation in five countries with legalized alternative nicotine delivery systems”.²⁶⁶

PMI IMPACT grant

BOTEC analysis received a grant from PMI through its PMI IMPACT initiative in 2017 to conduct research on the “Impact of e-cigarette regulation on illegal trade in tobacco products in the European Union”.²⁶⁷

As part of this project, a paper found that “the more available e-cigarettes become, the less ITTP [illicit trade in tobacco products] market share rises in response to tax-driven price increases for conventional cigarettes”,²⁶⁸ an argument beneficial to PMI’s business strategy of pushing heated tobacco products, not as an alternative but a supplement to its cigarette business.

For more information see List of Successful PMI IMPACT Applicants.

Other activities

Hampsher-Monk and Jamer Prieger, Senior Researcher at BOTEC Analysis,²⁶¹ are listed as co-authors of a book due to be published in 2024 titled ‘Clearing the Air on E-Cigarettes and Harm Reduction, Volume I: Tobacco Regulation, Economics, and Public Health’.²⁶⁹ The other co-author is Sudhanshu Patwardhan, Medical Director of the Centre for Health Research and Education (CHRE).

Hampsher-Monk was listed as a speaker at the 2023 ‘New Approaches’ conference, held at the Harvard Club of New York City, in the same week as the United Nations General Assembly.²⁶³ For more details see Healthy Initiatives (a FSFW grantee).

Relevant Link

• BOTEC Analysis website

TobaccoTactics Pages

• Foundation for a Smoke-Free World
• PMI IMPACT
• List of Successful PMI IMPACT Applicants

References

The post BOTEC Analysis appeared first on TobaccoTactics.

Image source: SavoryCrowdad/CC BY-SA 4.0

Key Points

• India is a country located in South Asia, part of the World Health Organization’s South-East Asia Region.
• It had a population in 2022 of 1.42 billion. Amongst those aged 15+, tobacco use prevalence is 28.6%.
• Smoking prevalence in India is 10.7%. However, the most popular form of tobacco in India is smokeless tobacco, with use prevalence of 21.4%.
• India ratified the WHO Framework Convention on Tobacco Control in 2004, and the Protocol to Eliminate Illicit Trade in Tobacco Products in 2018.
• The Indian cigarette market is dominated by four companies, which together accounted for 98% of sales in 2022. ITC Limited holds by far the largest market share, at over 73%.
• The tobacco industry has deployed a wide range of tactics in India in recent years, including mobilisation of front groups and third parties; litigation against tobacco control measures such as graphic health warnings; and corporate social responsibility, including in partnership with government.

Since the early 2000s, India has made significant progress in tobacco control, introducing a comprehensive tobacco control law in 2004, reducing the affordability of tobacco products, and introducing graphic health warnings (GHWs) consistent with best practice worldwide.²⁷⁶²⁷⁷ However, major challenges persist. The wide range of tobacco products available in India makes regulation and enforcement particularly complicated. The Indian state is also a major shareholder of ITC Limited, which has by far the largest share of the Indian market. This means that the government has an interest in socio-economic issues – such as ensuring the welfare of farmers and manual labourers working in the Indian tobacco industry, and protection of exports – as well as in public health.²⁷⁸

India remains the world’s second largest consumer, producer and exporter of tobacco.²⁷⁹²⁸⁰

Tobacco Use in India

In 2022, the population of India was 1.42 billion.²⁸¹ In the 2016-17 Global Adult Tobacco Survey (GATS), approximately 29% of the population aged 15+ reported current tobacco use – over 42% of males, and over 14% of females.²⁷⁷²⁸² This means that in absolute numbers, there were almost 267 million tobacco users in India aged 15 and over.²⁷⁹ In the 2019 Global Youth Tobacco Survey (GYTS), amongst adolescents aged from 13 to 15, 8.5% reported using some form of tobacco – nearly 10% of males, and over 7% of females.²⁷⁷²⁸³

Amongst India’s smokers, the most popular product was not factory-made cigarettes but bidis: cigarettes rolled by hand in a dried leaf of the tendu tree. 7.7% of Indian adults reported smoking bidis, compared to 4% who smoked cigarettes.²⁸²

However, the most popular tobacco product in India overall is smokeless tobacco (SLT). More than 21% of Indians aged 15 and over reported being SLT users, compared to less than 11% who smoked, whether cigarettes, bidis, or both.²⁷⁷²⁸² SLT use is also significant amongst women and girls: nearly 13% of females aged 15 and over were SLT users, compared to 2% who smoked.²⁷⁷²⁸² The majority of female tobacco users in low- and middle-income countries (LMICs) are SLT users in India and Bangladesh.²⁸⁴ However, amongst adolescent tobacco users, smoking is more common than SLT use. Over 7% of adolescents reported current smoking, compared to just over 4% who were SLT users.²⁷⁷²⁸³

India has the second highest number of oral cancer cases globally, accounting for a third of the total.²⁸⁵ More than 90% of India’s oral cancer cases are caused by tobacco use and of these, more than half are caused by SLT.²⁸⁶ The poor and less educated are worst affected, with much higher SLT use prevalence amongst these sections of the population.²⁸⁶ There were also over a million deaths attributable to smoking in 2019, accounting for nearly 11% of all mortality in India that year.²⁸⁷

A 2020 study put the economic cost of all illness and death attributable to tobacco use between 2017 and 2018 for those over 35 years of age at US$27.5 billion.²⁸⁸ Smoking accounted for 74% of this cost; smokeless tobacco 26%.²⁸⁸ Direct medical costs alone amounted to 5.3% of all health expenditure.²⁸⁸ However, the excise tax revenue from tobacco the previous year was just 12.2% of its economic cost.²⁸⁸ In simple terms, the economic burden of tobacco use is more than eight times the value of revenue the Indian government receives in excise from tobacco products.²⁸⁸ This economic burden accounts for over 1% of India’s GDP.²⁸⁸

Tobacco in India

Market share and leading brands

The Indian cigarette market is dominated by four companies:  ITC Limited, Godfrey Phillips India Limited (GPI), VST Industries Ltd., and Philip Morris International (PMI), which together accounted for 98% of sales in 2022.¹⁵

India banned foreign direct investment in tobacco manufacturing in 2010, which means that the transnational tobacco companies (TTCs) can only access the Indian market via shareholdings and licensing agreements with local producers.²⁸⁹²⁹⁰

ITC Limited

ITC Limited (formerly India Tobacco Company Limited), dominates the Indian tobacco market, with a share of over 73% in 2022.¹⁵ Its largest shareholder is British American Tobacco (BAT), which held just under 30% of shares until March 2024.²⁹¹²⁹² The Indian state is also a major shareholder, via various state-owned insurance corporations and investment portfolios.²⁹² Its products include India’s three bestselling brands of cigarettes: Gold Flake, Wills and Scissors.¹⁶

In a presentation to investors in June 2023, BAT CEO Tadeu Marroco stressed the importance of the company retaining at least a 25% shareholding in ITC, given that this provides BAT with seats on the ITC board and the right to veto company resolutions.²⁹³ Marroco also highlighted the potential of the vast Indian market in terms of newer nicotine and tobacco products, particularly oral products such as nicotine pouches.²⁹³ In March 2024, BAT reduced its holdings in ITC to 25.5%.²⁹⁴For more details see ITC Limited.

Godfrey Phillips India Limited (GPI)

GPI had a market share of almost 10% in 2022, the second largest after ITC.¹⁵ PMI is the second-largest shareholder with a stake of just over 25%.²⁹⁵ Major brands include Four Square, Cavenders and Tipper.¹⁶

VST Industries Ltd

VST, formerly Vazir Sultan Tobacco Company, had a market share of over 9% in 2022, the third largest.¹⁵ With a stake of over 32%, BAT is its largest shareholder.²⁹⁶ Its major brands include Total, Charms and Charminar.¹⁶

TTCs’ licensing agreements

PMI has a licensing agreement with GPI, under which GPI manufactures and sells the brands Marlboro and Red & White in India, though PMI retains brand ownership internationally.^1516297 This gives PMI a 5.4% market share from a global ownership perspective.¹⁵ Similarly, ITC manufactures and sells the brands Berkeley and Benson & Hedges in India, though Japan Tobacco International and British American Tobacco are the global owners, respectively.¹⁵¹⁶ Both companies have a market share of less than 2%.¹⁵

• For more information on the tobacco industry in India, please see the Tobacco Supply Chain Database.

Smokeless tobacco and bidis

The Indian smokeless tobacco industry is based largely on small scale, rural production, for which accurate data is not available.²⁹⁸ Local manufacturers account for significant segments of the market in several regions of India.²⁹⁸ Similarly, bidi production depends largely on small home-based manufacturing operations and accurate data is not available.²⁹⁸

At the national level, the biggest companies in the chewing tobacco/gutkha (see section “Undermining the gutkha ban”) market are believed to be Dhariwal Industries, Dharampal Satyapal (DS Group) and Som Sugandh Industries, which together accounted for around a quarter of sales in 2010.²⁹⁸ There is also interest from the big cigarette companies in smokeless tobacco; Godfrey Phillips launched its own range of chewing products in 2010.²⁹⁹ A 2021 paper found that 93% of SLT products bought in India were non-compliant with packaging regulations: either they did not have graphic health warnings, or the warnings were too small.³⁰⁰

Tobacco farming

India is the world’s second biggest tobacco producer after China, producing over 766,000 tonnes of leaf in 2020.³⁰¹ This accounts for 9% of all global production.²⁸⁰ Though tobacco production in India has increased significantly in recent decades – from 438,500 tonnes in 1980 – it has fallen slightly from a high of 830,000 tonnes in 2011.³⁰²

Child labour

Indian bidis feature on the U.S. Department of Labor’s 2022 List of Goods Produced by Child Labor or Forced Labor.³⁰³ While information on child labour in the bidi industry is not widely available, a study published in 2009 found that more than 1.7 million children worked rolling bidis in India.³⁰⁴ This disproportionately affects girls, who are often drawn into the industry to support their families. Bidi rollers may work 10 to 14-hour days to produce over 1,000 bidis, in what a BBC report from 2012 described as “slave-like working conditions”.³⁰⁴

Tobacco and the economy

India is the world’s second largest exporter of tobacco leaf, after Brazil.²⁸⁰ According to UN Comtrade, India exported nearly US$816 million in raw tobacco in 2022, compared to nearly $21 million in imports.³⁰⁵³⁰⁶ Export figures for 2021-2022 from the Indian Brand Equity Foundation (IBEF) – a trust established by the Indian Department of Commerce – were slightly higher, at US$842 million.²⁸⁰

India exports tobacco to more than 115 countries around the world, the biggest recipient of which is Belgium, which accounts for around 18% of India’s total tobacco exports. Other major export destinations for Indian tobacco include the United Arab Emirates, Singapore and the United States.²⁸⁰

India is also a major net exporter of cigarettes. According to UN Comtrade, it exported over US$100 million in cigarettes in 2022, compared to nearly $26 million in imports.³⁰⁷³⁰⁸

According to IBEF, the tobacco industry in India employs about 36 million people in farming, processing, manufacturing and export activities.²⁸⁰

Illicit trade

The Tobacco Institute of India, an industry body established by ITC, GPI and VST in 1992, puts the scale of the illicit tobacco trade at a quarter of the market.³⁰⁹ However, independent studies put that figure much lower, at around 3% to 6%.³¹⁰ This makes illicit trade in India relatively small by global standards.³¹¹ A 2018 study, which found that 2.73% of the empty cigarette packs collected in India were illicit, noted significant differences across the country.³¹² Areas with greater illicit trade penetration are often targeted by studies funded by the tobacco industry to exaggerate overall levels of illicit trade.³¹³

Studies have also cast doubt on industry claims that tobacco tax increases have led to expansion of illicit trade. For example, according to ITC, tax increases during the period 2012 to 2017 resulted in rapid growth of illicit trade, making India the fourth largest illicit market globally.³¹⁴ However, a study published in 2020 by experts from the WHO and the Indian government put the illicit cigarette trade at 6% of the market in 2016-17 – an increase of just 0.9% from 2009-10.³¹¹

Similarly, a joint report published in 2017 by the accountancy firm KPMG and the Federation of Indian Chambers of Commerce and Industry (FICCI) argued that illicit trade – driven in part by higher taxes on cigarettes – was providing funds for terrorism and organized crime.³¹⁵ However, both ITC and GPI are members of FICCI, which has a history of opposing tobacco control measures in India (see Influencing policy: graphic health warnings). Similarly, KPMG has strong ties with the tobacco industry going back decades, and its work on illicit trade has been strongly criticised elsewhere. Critics argue that KPMG’s research has exaggerated the scale of illicit trade and has been used to oppose tobacco control regulations such as plain packaging.

• For more information, please see STOP’s database of Tobacco Industry Allies.

Tobacco and the environment

A 2018 study estimated that in order to produce 100 billion cigarettes, nearly 67,500 tonnes of CO₂ equivalent were emitted in India in 2010 – the equivalent of 14,544 petrol-powered vehicles driven for a year.³¹⁶³¹⁷ The industry has also been a major cause of deforestation: it is estimated that 680 square kilometres of scrub forest were destroyed and degraded for tobacco curing and the manufacture of cigarettes and other smoking consumables between 1962 and 2002.³¹⁸

A 2022 study estimated that 170,000 tonnes of waste is produced by the packaging of tobacco products annually in India, two-thirds of which correspond to smokeless tobacco (SLT) products.³¹⁹ Analysis of segregated waste revealed that 73,500 tonnes of plastic, 6,100 tonnes of foil and 1,350 tonnes of used filters are discharged annually into the environment.³¹⁹ Cleaning up this waste costs Indian taxpayers roughly US$766 million every year.³²⁰

• For more information on the tobacco industry in India, please see the Tobacco Supply Chain Database.

Roadmap to Tobacco Control

India was the eighth country to ratify the WHO Framework Convention on Tobacco Control (WHO FCTC) in 2004.³²¹ It ratified the Protocol to Eliminate Illicit Trade in Tobacco Products in 2018.³²²³²³

The Cigarettes and Other Tobacco Products Act (COTPA), passed in 2003, is the main comprehensive tobacco control law in India. Amongst other provisions, it banned smoking in most public places, prohibited the advertising of cigarettes and other tobacco products, and banned sales to anyone under the age of 18.³²⁴ Since then, a number of rules have been introduced to aid implementation of COTPA and provide definitions.²⁷⁶ In 2007-08, the government launched the National Tobacco Control Programme (NTCP), which aimed to reinforce COTPA and facilitate implementation of the tobacco control strategies contained within the WHO FCTC.³²⁵

In 2020, an amendment to COTPA was drafted by the Ministry of Health.³²⁶ Aiming to further strengthen the original legislation and boost compliance with WHO FCTC, it will abolish designated smoking areas, prohibit the sale of individual cigarettes (single sticks), and raise the legal age required for purchase of tobacco products from 18 to 21.³²⁶³²⁷ However, as of September 2023, this amendment has yet to become law.

Citing concerns about the health impacts of vaping on young people, the Indian government introduced a ban on electronic cigarettes in 2019. The law prohibits the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of e-cigarettes.²⁷⁶³²⁸ Though their use remains rare in India as of 2023, the law closes off a huge potential market for e-cigarette companies.³²⁹

For more details, please see the following websites:

• Legislation by country – India, Tobacco Control Laws, Campaign for Tobacco Free Kids
• India, WHO FCTC Implementation Database, WHO FCTC Secretariat
• Country profile – India, World Health Organization, WHO report on the global tobacco epidemic 2021

Tobacco Industry Interference in India

Tobacco industry tactics in India include mobilisation of front groups and third parties; litigation against tobacco control measures, such as graphic health warnings; and corporate social responsibility, including in partnership with government.

Delaying rollout of larger graphic health warnings

In October 2014, the Indian Ministry of Health and Family Welfare announced its intention to increase the area covered by graphic health warnings (GHWs) on tobacco products, from 40% to 85%.³³⁰ GHWs are a well-established, evidence-based and cost-effective measure of reducing tobacco use.³³¹ They may also be particularly effective in India, given both the country’s linguistic diversity and its literacy rate (as of 2018, over a quarter of the population was unable to read or write).³³²³³³

The tobacco industry deployed various tactics in an attempt to block this legislation. These included mobilising third parties and front groups, spreading misleading information, and submitting more than 30 legal challenges in state-level courts throughout India.³³⁴³³⁵

Third parties and front groups which mobilised against the legislation included the following:

• The All India Bidi Federation
• The Tobacco Institute of India
• The Confederation of Indian Industry (CII)
• The Federation of Indian Chambers of Commerce and Industry (FICCI)
• The Associated Chambers of Commerce and Industry of India (ASSOCHAM)
• The Federation of All India Farmer Associations (FAIFA)
• The Retailers Association of India (RAI)
• The International Tobacco Growers Association (ITGA)

These groups wrote letters to and met with policy makers, launched campaigns in the media against the proposal, and filed legal challenges.³³⁴³³⁵

For example, FAIFA bought full-page advertisements in leading national newspapers, claiming that larger GHWs would be detrimental to the livelihoods of tobacco farmers and fuel the illicit trade.³³⁴³³⁶ FAIFA, CII and FICCI all wrote letters to the Minister of Health, J.P. Nadda, echoing these arguments.³³⁷³³⁸ The Tobacco Institute of India filed a legal challenge against the government in the High Court of Karnataka.³³⁹ Finally, ASSOCHAM addressed a communiqué to the government, stating that the GHWs would endanger the livelihoods of more than 45 million people and lead to a flood of illicit imports.³⁴⁰

These industry strategies succeeded in delaying the rollout of the 85% GHWs for a year, from April 2015 until April 2016.³⁴¹ However, the legal challenges continued even after implementation. In 2017, the High Court of Karnataka ruled that India should revert to the pre-2016 40% warnings. This decision was overruled in 2018 by the Indian Supreme Court and the 85% warnings have remained in force ever since.³³⁵

The eventual introduction of the 85% GHWs saw India jump from 136^th to third position in the global ranking for size of health warnings on tobacco products.³⁴²

Undermining the gutkha ban

Gutkha, one of India’s most popular smokeless tobacco (SLT) products, is a mix of crushed Areca nut (a well-known risk factor for several cancers even when consumed without tobacco), with tobacco, catechu, paraffin, slaked lime and flavourings.³⁴³³⁴⁴ Highly addictive and very cheap, gutkha is popular amongst women and young people.³⁴⁵

Since 2012, there have been state-level bans throughout the country in an attempt to reduce its prevalence, but it remains widely available.³⁴⁶³⁴⁷ Producers have found ways to circumvent the bans, such as by packaging and selling the constituent ingredients of gutkha separately.³⁴⁷³⁴⁸

In the state of Tamil Nadu, gutkha remained widely available despite being banned in 2013.³⁴⁹³⁵⁰ In 2016, officials from India’s Income Tax Department discovered details of a series of suspected bribes worth nearly US$6 million made by leading manufacturer MDM to public officials, allegedly to facilitate the storage, transport and sale of gutkha.^334349351

Alleged recipients of bribes included a government minister, police officers and senior civil servants.³⁵² In November 2022, after four years of investigations in three states, India’s Central Bureau of Investigation filed charges against 21 individuals.³⁵²³⁴⁹

Corporate social responsibility: partnerships with government

Tobacco companies often use corporate social responsibility (CSR) initiatives to enhance their public image and corporate reputation.

In the implementation guidelines for Article 5.3 of the WHO FCTC, the WHO states that these activities fall within its definition of tobacco advertising, promotion and sponsorship – and should therefore not be endorsed by Parties to the treaty.³⁵³ However, in India, under the Companies Act 2013, all large corporations are required to spend at least 2% of their average net profit in the previous three years on CSR.³⁵⁴ This helps to legitimise tobacco industry CSR, as companies argue they are only fulfilling their legal duties.²⁷⁸In its sustainability reporting, ITC states that its CSR initiatives fall within the scope of the 2013 legislation.³⁵⁵

ITC has contributed frequently to government programmes and has worked with government institutions.²⁷⁸ For example, in 2017, ITC contributed to a fund set up by the Indian government to attract funding from corporations and private donors for the provision of sanitation and clean drinking water; and to the Clean Ganga Fund, established by the government to rehabilitate the River Ganges.³⁵⁵ In his speech to shareholders at the 2017 AGM, the then ITC CEO cited several public-private partnerships with state governments in India on water management projects, stating that they aligned with a national programme which aimed to expand irrigation coverage and improve efficiency of water use.³⁵⁶³⁵⁷

This type of public-private CSR was particularly widespread during the COVID-19 pandemic. In total, between March and June 2020, the Indian tobacco industry contributed around US$36.7 million in donations to various government funds, both at federal and state level.³⁵⁴ The industry also partnered with other stakeholders, including NGOs, other private sector actors and even popular Bollywood singers. ITC was the biggest cash and in-kind contributor.³⁵⁴³⁵⁸

Corporate trademarks were widely visible during these CSR activities, and the initiatives were publicised in leading newspapers and by senior politicians.^354359360

• For more on tobacco industry activity during the pandemic, please see the COVID-19 Tobacco Tactics page and the COVID-19 monitoring database.

Relevant Links

• Global Adult Tobacco Survey GATS 2 India 2016-17, Tata Institute of Social Sciences (TISS), Mumbai and Ministry of Health and Family Welfare, Government of India
• Report on Tobacco Industry Interference in India – Case Studies, S. Goel, S. Sekhar Kar, Resource Centre for Tobacco Control
• Interference by Big Tobacco and Affiliates in Tobacco Control in South Asia, Institute of Public Health Bengaluru and the International Union Against Tuberculosis and Lung Disease
• Crooked Nine: Nine Ways the Tobacco Industry Undermines Health Policy, Vital Strategies
• National Report: The Environmental Burden of Tobacco Products Wastes in India. Tobacco Use Makes You Ugly, Your Habitat Uglier, SPH AIIMS Jodhpur, ICMR-NICPR, The Union

Tobacco Tactics Resources

• Associated Chambers of Commerce and Industry of India (ASSOCHAM)
• Federation of Indian Chambers of Commerce and Industry (FICCI)
• ITC Limited

TCRG Research

• Advancing whole-of-government approaches to tobacco control: Article 5.3 and the challenge of policy coordination in Bangladesh, Ethiopia, India and Uganda. R.A. Barry, S.M. Abdullah, A. Chugh, S. Hirpa, P. Kumar, D. Male, R. Ralston, T. Wagner-Rizvi, J. Collin, Tobacco Control 2022;31:s46-s52.
• Institutional tensions, corporate social responsibility and district-level governance of tobacco industry interference: analysing challenges in local implementation of Article 5.3 measures in Karnataka, India. P. Kumar, R.A. Barry, M.M. Kulkarni, V.G. Kamath, R. Ralston, J. Collin, Tobacco Control 2022;31:s26-s32.
• Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, B.K. Matthes, K. Lauber, M. Zatoński, L. Robertson, A.B. Gilmore, BMJ Global Health 2021;6:e004096.

For a comprehensive list of all TCRG publications, including research that evaluates the impact of public health policy, go to TCRG publications.

References

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