Pages with reference errors Archives - TobaccoTactics https://tobaccotactics.org/topics/pages-with-reference-errors/ The essential source for rigorous research on the tobacco industry Thu, 17 Dec 2020 17:13:10 +0000 en-GB hourly 1 https://wordpress.org/?v=6.4.3 https://tobaccotactics.org/wp-content/uploads/2020/02/tt-logo-redrawn-gray.svg Pages with reference errors Archives - TobaccoTactics https://tobaccotactics.org/topics/pages-with-reference-errors/ 32 32 William E. Wecker Associates https://tobaccotactics.org/article/william-e-wecker-associates/ Wed, 05 Feb 2020 22:21:14 +0000

William E. Wecker Associates is an American statistical consulting firm. The firm has a long history of supporting tobacco companies in American litigation cases. In the firm’s own words, the company has: “a track record of creative and effective applications of statistical and mathematical analysis to questions arising in regulation and litigation, in business and […]

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William E. Wecker Associates is an American statistical consulting firm. The firm has a long history of supporting tobacco companies in American litigation cases.
In the firm’s own words, the company has:
“a track record of creative and effective applications of statistical and mathematical analysis to questions arising in regulation and litigation, in business and government”.1

Employees at William E. Wecker Associates

Key people at the firm have been idenitfied as:2

  • William (‘Bill’) Wecker – Founder and President
  • Laurentius Marias – Vice President
  • Stephen R Hoff – Vice President
  • Karen Taves – Principal Consultant

Relationship with the Tobacco Industry: Multiple Tobacco Clients

Wecker Associates has been a consultant to tobacco companies since 1990, when RJ Reynolds commissioned the firm to scrutinise the methodology underlying the Cancer Prevention Study II (CP SII), a prospective mortality study started in 1982 by the American Cancer Society.3
Wecker’s website, accessed in January 2018, listed Altria, RJ Reynolds and Philip Morris International as clients, and named Japan Tobacco International and Lorillard as former clients (see images 1 & 2).4

Image 1: Screenshot of webpage on William E. Wecker Associates’ website detailing the firm’s clients (accessed January 2018)

Image 2: Screenshot of webpage on William E. Wecker Associates’ website detailing the firm’s experience (accessed January 2018)

Used Freedom of Information Request to Access Lung Cancer Patient Records

In January 2018, The Daily Telegraph reported that in July 2016 Wecker Associates had requested, and successfully obtained, data from Public Health England (PHE) under the Freedom of Information (FOI) Act.5 PHE, the executive arm of the UK Department of Health, was asked for lung cancer patient records “to examine the role regulation should play and the relationship between tobacco use and cancer”.
It remains unclear which tobacco client was behind Wecker’s FOI request, and to what end. According to PHE, it had released the information “under our legal duty to comply with the Freedom of Information Act”.
However, it is now well documented that tobacco companies misuse FOI legislation to impede tobacco control progress.6 For some examples, go to:

Expert Court Testimonials on Behalf of Tobacco Industry

Wecker Associates has provided expert court testimonials on behalf of the tobacco industry in a long list of American legal actions, where smokers and/or state governments sought to recoup healthcare costs on tobacco companies.7 Its depositions have challenged the methods used to estimate health harms, medical cost, or other arguments used against tobacco companies.
For example, a 2010 class action against Philip Morris USA claimed that the tobacco company had misled people about the amount of tar and nicotine delivered to smokers of Marlboro ‘Light’ cigarettes.8 Bill Wecker testified that low-tar cigarettes were indeed associated with a statistically significant reduction of lung cancer risk, contrary to the scientific consensus on this issue.9
Below is a selection of other lawsuits in which the firm acted as the tobacco industry’s expert witness:

  • 2012: Willard R. Brown et al. v American Tobacco Company10
  • 2010: Dayna Craft, Jason Stone, Deborah Larsen, Wendu Alper-Pressman, individually and on behalf of all others similarly situated v Philip Morris Companies Inc and Philip Morris Incorporated
  • 2005: United States of America v Philip Morris Incorporated et al11
  • 2003: United States of America v Philip Morris12
  • 2003: Susan Miles v Philip Morris Companies (No. 00-L-112)13
  • 2002: Lawrence Lucier and Laurie Lucier v Philip Morris Inc.14
  • 2002: Bullock v Philip Morris Inc.
  • 2000: Gloria Scott et al. v American Tobacco Company15
  • 1999: Engle v RJ Reynolds Tobacco Company16
  • 1998: State of Arizona v American Tobacco Company, Brown & Williamson Tobacco, Ligget & Myers, Lorillard Tobacco Company, RJ Reynolds Tobacco Company, RJR Nabisco, United States Tobacco Company, BAT Industries, British American Tobacco Company, the Council for Tobacco Research USA, Tobacco Institute Inc.17
  • 1998: State of Washington v American Tobacco Company18
  • 1998: Patricia Hemley v Philip Morris Inc. et al.
  • 1997: Joann Karbiwnyk v RJ Reynolds Tobacco Company19

A 2006 peer-reviewed study by Max and Tsoukalas showed that Wecker Associates, and other tobacco industry defend, were part of a tobacco industry legal strategy to create doubt and confusion about whether or not smoking caused disease that led to increased healthcare costs, at a time of unprecedented legal action against the industry.20 The defenders’ role was also to argue that economic models used to calculate costs incurred by plaintiffs were not appropriate and that data sources used because they did not consist of the individuals whose health care costs were being sought.

TobaccoTactics Resources

Relevant Link

References

  1. Wecker E. Williams Associates, Clients, undated, accessed January 2018
  2. Unknown, Deposition of Laurentius Marais, Ph.D., May 22 2002, Bullock c. Philip Morris Inc., Truth Tobacco Industry Documents, Bates no: maraisI052402, 24 May 2002, accessed January 2018
  3. W.E. Wecker, Gloria Scott, et al., Against the American Tobacco Company Inc., et al., Videotaped deposition of William E. Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 523240201-523240414, 1 November 2000, accessed January 2018
  4. Wecker E. Williams Associates, Experience, undated, accessed January 2018
  5. L. Donnelly, Medical records of thousands of patients were handed to US firms connected to tobacco industry by British health officials, Telegraph probe reveals, Daily Telegraph, 15 January 2018, accessed January 2018
  6. G. Dimopoulos, A. Mitchell, T. Voon. The tobacco industry’s strategic use of freedom of information laws: A comparative analysis. Oxford University Comparative Law Forum (2016)
  7. R.N. Proctor. Golden Holocaust: Origins of the Cigarette Catastrophe and the Case for Abolition. University of California Press, 2011
  8. Dana Craft et al v. Philip Morris Companies, mocigarettecase.com, 2013, accessed January 2018
  9. W.E. Wecker, (PMUSA’s) Expert Report of William Wecker, Truth Tobacco Industry Documents, Bates no: 3155722080-3155722146, 1 March 2010, accessed January 2018
  10. W.E. Wecker, Willard R. Brown, et al. v. the American Tobacco Co., Inc., et al. Expert Report of William Wecker. On the subject of low tar and light cigarettes. 20120827. JCCP No. 4042. Case No. 711400. (San Diego Superior Court Case No. 711400), Truth Tobacco Industry Documents, Bates no: 3990556377-3990556465, 27 August 2012, accessed January 2018
  11. Unknown, trial testimony of William E. Wecker, PhD., accepted March 15, 2005, United States of America v Philip Morris USA Inc., Truth Tobacco Industry Documents, Bates no: weckerw030705er, 15 March 2005, accessed January 2018
  12. Unknown, Deposition of William E. Wecker, PhD., October 22, 2003, United States of America v Philip Morris Inc, Truth Tobacco Industry Documents, Bates no: WECKERW102203, 22 October 2003, accessed January 2018
  13. W. Wecker, Susan Miles vs. Philip Morris Companies Inc.. Deposition of William Wecker. 20030110. No. 00-L-112, Truth Tobacco Industry Documents, Bates no: 3990561384-3990561512, 10 January 2003, accessed January 2018
  14. R.A. Brodie, Notice of Taking Expert Depositions (Richard Carchman), Truth Tobacco Industry Documents, Bates no: 3990121514-3990121524, 15 January 2002, accessed January 2018
  15. Scott v American Tobacco Co. Inc. et al, Nos. 2002-CC-2449, 2002-CC-2452. Decided: November 15, 2002, caselaw.findlaw.com, undated, accessed January 2018
  16. Unknown, Trial testimony of William E. Wecker, Ph.D., ay 5, 1999 (p.m.), Engle v. RJ Reynolds Tobacco Co, Truth Tobacco Industry Documents, Bates no: WECKERW050599PM, 5 May 1999, accessed January 2018
  17. R. Goodwin, R. Howard, L.V. Berke et al., State of Arizona, Plaintiffs, Vs. American Tobacco Co., Inc. Defendants. Defendants’ Fourth Supplemental Rule 26.1 Disclosure Statement (980803). No. CV 96-14769, Truth Tobacco Industry Documents, Bates no: 83799842-83800388, 3 September 1998, accessed January 2018
  18. W.E. Wecker, State of Washington, Plaintiff, vs. American Tobacco Co., et al., Defendants. Deposition of William E Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 522588614-522588854, 10 September 1998, accessed January 2018
  19. W. Wecker, Trial transcripts. Joann Karbiwnyk, Plaintiff, vs. R.J. Reynolds Tobacco Company Defendant, Truth Tobacco Industry Documents, Bates no: 525856971-525857035, 24 October 1997, accessed January 2018
  20. W. Max, T. Tsoukalas, Economics on trial: the use and abuse of economic methods in third party tobacco litigation, Tobacco Control, 2006 Dec; 15(Suppl 4): iv77-iv83

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Uganda- Timeline: Industry Interference with the Uganda Tobacco Control Bill 2014 https://tobaccotactics.org/article/uganda-timeline-industry-interference-with-the-uganda-tobacco-control-bill-2014/ Wed, 05 Feb 2020 22:02:12 +0000 This timeline provides a chronological overview of some of the main ways tobacco companies have tried to influence the development of the Uganda Tobacco Control Bill (now the Uganda Tobacco Control Act 2015). Click here for an infographic of industry interference in Uganda. Click here for the evidence countering industry arguments against tobacco control in […]

The post Uganda- Timeline: Industry Interference with the Uganda Tobacco Control Bill 2014 appeared first on TobaccoTactics.

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This timeline provides a chronological overview of some of the main ways tobacco companies have tried to influence the development of the Uganda Tobacco Control Bill (now the Uganda Tobacco Control Act 2015).

  • Click here for an infographic of industry interference in Uganda.
  • Click here for the evidence countering industry arguments against tobacco control in Uganda.

Timeline of Industry Interference Concerning the Uganda Tobacco Control Bill (UTCB) 2014

Date Event
12 April 2011 Farmers in the Kanungu region, a major tobacco growing region in Uganda, received a message from a British American Tobacco (BAT) Uganda tobacco inspector that read: “This is to inform the farmers that no company apart from BAT is allowed to sponsor the production of tobacco as provided by law. Anybody doing so will be doing it as his/her own risk.”21 In response, farmers in the Kanungu region appealed to the Government to help end the BAT Uganda monopoly in the sponsorship of tobacco production and urged that other players be brought on board for fairer competition.
24 July 2012 A public hearing on the UTCB was convened by the MP responsible for presenting and pushing the bill through the Parliamentary procedure (the mover of the bill). The tobacco industry was heavily represented.22
7 August 2012 The Private Sector Foundation Uganda (PSFU), sent Hon. Chris Baryomunsi (the current mover of the bill) and other top policymakers and institutions arguments against the UTCB.22 PSFU is a corporate member organisation that describes itself as “the focal point for private sector advocacy” that sustains “a positive dialogue with Government on behalf of the private sector”.23 BAT is a fee-paying corporate member,24 estimated to pay PSFU approximately two million Uganda Shillings in membership fees and one million Uganda Shillings in annual subscriptions25 to represent the tobacco company’s interests in policy making.
As described by the mover of the bill, the arguments against the UTCB were largely “misleading, inaccurate and in some instances deliberately misrepresenting the facts” and proposed that the bill would violate Uganda’s obligations under the World Trade Organisation (WTO) Technical Barriers to Trade (TBT) and Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreements.22 The TRIPS international agreement provides protection for intellectual property rights. The tobacco industry has frequently used the intellectual property argument to try to weaken legislation in other parts of the world, including Kenya, Australia and the UK. For evidence against this argument, see Countering Industry Arguments It Breaches Intellectual Property Rights.
5 June 2013 Following World No Tobacco Day, in an article for the Ugandan Observer titled “Anti-Tobacco critics should go slow”, BAT Uganda Managing Director, Jonathan D’Souza, pledged the tobacco company’s support for the regulations, but asked that they be considered on the industry’s terms in a manner that is “sensible, balanced and enforceable for the benefit of all stakeholders”.26 D’Souza went on to explain that strictly regulating tobacco will result in an increase in illicit trade by “a network of criminals” and that anti-tobacco critics “should be careful what they wish for”. He continued: We (BAT Uganda) “are a legitimate company which conducts our business in a professional and responsible way, abiding by the laws in all the countries we operate in, often going above and beyond our legal requirements.”26
See Countering Industry Arguments It Will Lead to Increased Smuggling for evidence against the claim that regulation will increase illicit trade and BAT Involvement in Tobacco Smuggling for background on the company’s complicity in smuggling. Also see BAT Uganda and the UTCB for more information on how the tobacco company has worked behind the scenes to undermine the bill despite claiming to be responsible.
5 June 2013 Farmers from the Bunyoro region protested against the UTCB, which they had been led to believe would stop them from growing tobacco entirely, leaving farmers “confused whether their crop will be bought because we have heard about a possible ban on tobacco growing”.27 At this time the farmers of the Bunyoro region were predominantly contracted for BAT Uganda.28 The information concerning a ban on growing tobacco was entirely misleading, as the proposed UTCB seeks to regulate the manufacture, sale and use of tobacco products but does not suggest a ban on tobacco growing.29
5 November 2013 While awaiting the release of the certificate of financial implications on the UTCB from the Ministry of Finance, the tobacco industry lodged a complaint to the Permanent Secretary to the Ugandan Treasury. The Permanent Secretary subsequently wrote a letter to the clerk of the National Parliament, in which he expressed, among other issues raised by the industry, their claim that they were not consulted as stakeholders in the drafting of the UTCB. The letter was intended to seek audience between the tobacco industry and the Parliament so that their petition could be considered.30
29 January 2014 The Ministry of Agriculture wrote to the Secretary of the Treasury at the Ministry of Finance insisting that the ban on tobacco growing through the UTCB would have “serious negative effects” on farmers and the government, stating that amongst other things: “About 75,000 Tobacco farming families with about 70% of their income derive from Tobacco will lose their income and livelihood” and that “The country will lose export earnings in terms of foreign exchange currently at 75 million dollars per year”.31 This information is misleading, as the UTCB makes no reference to banning tobacco growing in Uganda nor does it regulate the export of tobacco products.31
28 February 2014 Uganda Tobacco Control Bill Gazetted32
6 March 2014 Tobacco Control Bill tabled in the Uganda parliament for the first reading by Kinkizi East MP Dr. Chris Baryomunsi33
17 March 2014 A news report claimed that details had emerged which suggested that officials from BAT Uganda had “secretly met” with members of key parliamentary committees including the Parliamentary Committee on Finance, Planning and Economic Development, the Budget Committee and the Natural Resources Committee, in an attempt “to lobby them against passing the Tobacco Control bill 2014”.34 This can be viewed as a breach of the World Health Organisation’s Framework Convention on Tobacco Control (FCTC), which among other things sets guidelines for interaction between governments and the tobacco industry, to limit industry interference with tobacco control and health policies.
19 March 2014 BAT was accused of “blackmail” by the MP responsible for drafting and pushing the bill through parliamentary procedure.35 In a letter addressed to the MP that was the mover of the bill, BAT Uganda Managing Director D’Souza expressed his concerns with the draft tobacco control legislation and informed the MP that while “We would normally start contracting farmers in the area during May…we regret to inform you that we will not be contracting farmers in Kihihi MP’s constituency for the 2014/15 season” as the challenges arising from the UTCB make it “impossible for us to commit at this point, to another season of tobacco sponsorship in Kihihi “.36
7 April 2014 A letter was sent from the Managing Director of BAT Uganda and the Uganda Tobacco Service (UTS) along with the Regional Leaf Manager from Leaf Tobacco & Commodities (LTC) to the Clerk of the Parliament highlighting the significant contributions the tobacco sector had made to the Ugandan economy and requesting permission to organise a meeting with MPs from tobacco growing areas “to discuss a number of operational issues touching on tobacco activity in their respective constituencies”.37 This can be viewed as another tobacco company violation of the FCTC.
11 April 2014 At a closed invitation presentation hosted at the Sheraton Hotel Kampala, the tobacco industry lobbied MPs from tobacco growing districts proposing arguments to challenge the UTCB. The tobacco industry arguments leaned heavily on the negative consequences the bill potentially might have on tobacco farmers within the MP’s constituencies, claiming that the industry is responsible for supporting three million livelihoods in Uganda (10% of total population).38
11 April 2014 The Ministry of Trade collaborated with the tobacco industry to compile a submission to the Parliamentary Committee on Health regarding the UTCB.39 The submission outlined the tobacco industry’s arguments against the different components of the UTCB, without citing evidence to support any of their claims.
14 April 2014 BAT Uganda submitted a letter and review of the UTCB to the Parliamentary Committee on Health, in line with what they called “the principle of consultation as enshrined in the Constitution of Uganda (1995)” despite the limitations the FCTC places on its necessary restriction in policymaking.40 On the same day, under the leadership of BAT, the tobacco industry of Uganda gave a presentation to the Parliamentary Committee on Health providing their input on the UTCB, and suggested that the majority of clauses within the bill be repealed or amended according to the tobacco industry’s recommendations. 41
25 April 2014 Jonathan D’Souza, Managing Director of BAT Uganda, spoke out publicly against the UTCB Clause 15 (3), which seeks to ban the display of tobacco products at any point of sale and claimed that “there is no evidence to support a ban on tobacco displays” and that “display bans would also increase the illicit tobacco trade by driving legal tobacco sales under the counter.”42 When plain packaging legislation was being debated in the UK and Australia, the tobacco industry also suggested it would lead to an increase in illicit trade.
See Countering Industry Arguments: Plain Packaging leads to Smuggling for evidence against this claim. Also see Uganda – Countering Industry Arguments Against Tobacco Control in Uganda for evidence on the effectiveness of display bans.
1 June 2014 A letter was sent from the Ugandan Tobacco Growers Association (UTGA) to the Speaker of the Parliament of Uganda which outlined arguments opposing the UTCB.43 The arguments were presented as the voices and opinions of tobacco farmers in Uganda. However, the UTGA is a country member of the International Tobacco Growers Association (ITGA),44 a front group set up, funded and mandated by multinational tobacco companies, including BAT, Philip Morris International and Alliance One International.45 Therefore, although UTGA may seem to be independently representing tobacco farmers in Uganda, this is misleading as it is actually representing tobacco company interests. The tobacco industry frequently establishes Front Groups and uses these seemingly independent organisations to appear to represent other stakeholder voices while actually furthering its own interests.
17 July 2014 A petition in favour of the UTCB was presented by farmers of West Nile Region, Kanungu and Hoima Districts to the Speaker of the Parliament of Uganda outlining the various reasons for their support of the bill.46 47 This outlines the fact that there are groups of independent farmers not connected to tobacco industry funded front groups like UTGA that support tobacco control measures that will protect them from the detrimental and inequitable way tobacco companies run their business.47
16 September 2014 Regional media reported that tobacco industry funded front group ITGA had “instigated a group of tobacco farmers to petition the Ugandan parliament to delete key provisions that exclude incentives or privileges that promote tobacco businesses in the Ugandan Anti-Tobacco Bill 2014,”48
26 September 2014 The Minister for Trade Industry and Cooperatives submitted a memorandum to the Cabinet outlining why the Ministry should be represented at the FCTC 6th Conference of Parties (COP) in Moscow. The paper highlighted the importance of a multi-sectorial approach and reiterated arguments made by the tobacco industry against the bill, citing issues around intellectual property regulations, increased illicit trade and alluded to the fact that the ban on tobacco growing would had countrywide impacts, thereby misrepresenting the true objects of the UTCB, which do not seek to ban tobacco growing.49
November 2014 A press release from BAT Uganda was published in a local newspaper celebrating 50 years of Ugandan independence and BAT’s 85 years of business in Uganda. The release highlighted its contribution to the economy and its support to tobacco farmers, the environment and food security. It concluded by referring to the potential for tobacco control regulation and the need to include the “corporate compliant industry” in policymaking: “Therefore the industry is fully in support of tobacco regulation but crucially calls for practical, sustainable and enforceable laws. This, the industry hopes, will be reached through engagement of all industry players and regulators. Openly sharing information is required to help policy formulators develop appropriate policy and regulatory frameworks from an informed point of view and forge an amicable way forward as the country ushers in the next 50 years.”50
17 November 2014 In a letter to the Clerk of the Parliament, Dr. Okuonzi Sam Agatre, MP for Vurra (a tobacco growing area), requested to present a petition with over 1000 signatures from tobacco farmers to the parliament Business Committee.51 The enclosed petition insisted that they be included in the shaping of the legislation and states, “Your humble petitioners will be rendered landless, jobless, homeless, poverty stricken, will suffer hunger and even death if their interests are not put into consideration while handling the Tobacco Control Bill 2014.” The petitioners request “intervention by Parliament so to protect the interests of tobacco growers and tobacco companies”.
2 January 2015 While attending the official leaving ceremony of Jonathan D’Souza, outgoing Managing Director of BAT, the Minister for Investment Dr. James Mutemde spoke out about the UTCB claiming it was “unfair” and argued that the proposed law would impact negatively on tobacco production, advertising and consumption. According to local media reports, he added that the government should support tobacco processing companies because they provide a stable market for tobacco growers. The Minister concluded that “…while it is true that smoking causes diseases such as cancer, the smokers generate a lot of income for the government through taxes and I strongly believe they should be left to smoke!”52
14 July 2015 UTCB tabled for second reading at the Uganda Parliament by the second mover Hon. Rosemary Nyakikongoro.53
28 July 2015 After multiple setbacks due to lack of consensus54 and intense tobacco industry interference, the Uganda Tobacco Control Bill was passed in the Uganda parliament. The “stringent” tobacco control measures, sought to protect the Ugandan population against the health, social, economic and environmental consequences of tobacco and exposure.55 The new legislation introduced a range of tobacco control measures, which included increasing the age of legal purchase of cigarettes to 21 years of age,54 the introduction of graphic health warnings to cover 65% of cigarette packaging and a requirement that indoor public places and workplaces are 100% smoke-free.56
19 September 2015 Uganda President Museveni assents the UTCB (now called the Uganda Tobacco Control Act 2015).57
2016 British American Tobacco Uganda legally challenged the regulations included in the Uganda Tobacco Control Act 2015 but were dismissed by Uganda´s Constitutional Court.58 59
17 May 2016 The regulations set by the Uganda Tobacco Control Act 2015 came became fully operational on 19 May 2017, after the legal challenges by BATU were dismissed.60
11 September 2018 Repeated hearings of the legal challenge to the Tobacco Control Act 2015, as a result of pressure from the tobacco industry.58
April 2019 In April 2019, someone at the Ugandan Ministry of Trade passed a draft of proposed tobacco regulations to BATU. This leak resulted in a letter from British American Tobacco Uganda providing input on the proposed regulations, which generated conflicts of interest.61
28 May 2019 In response to a case brought by BATU against the TCA, Deputy Chief Justice of the Constitutional Court, Alfonse Chigamoy Owiny -Dollo, stated that “This petition, (…)is part of a global strategy by the Petitioner and others engaged in the same or related trade to undermine legislation in order to expand the boundaries of their trade and increase their profits irrespective of the adverse health risks their products pose to human population.”59 He also argued that the Tobacco Control Act 2015 puts into provision the constitutional rights to protect the citizens of Uganda and their health.59

TobaccoTactics Resources

For more information on the tobacco industry and Africa, see:

References

  1. Wecker E. Williams Associates, Clients, undated, accessed January 2018
  2. Unknown, Deposition of Laurentius Marais, Ph.D., May 22 2002, Bullock c. Philip Morris Inc., Truth Tobacco Industry Documents, Bates no: maraisI052402, 24 May 2002, accessed January 2018
  3. W.E. Wecker, Gloria Scott, et al., Against the American Tobacco Company Inc., et al., Videotaped deposition of William E. Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 523240201-523240414, 1 November 2000, accessed January 2018
  4. Wecker E. Williams Associates, Experience, undated, accessed January 2018
  5. L. Donnelly, Medical records of thousands of patients were handed to US firms connected to tobacco industry by British health officials, Telegraph probe reveals, Daily Telegraph, 15 January 2018, accessed January 2018
  6. G. Dimopoulos, A. Mitchell, T. Voon. The tobacco industry’s strategic use of freedom of information laws: A comparative analysis. Oxford University Comparative Law Forum (2016)
  7. R.N. Proctor. Golden Holocaust: Origins of the Cigarette Catastrophe and the Case for Abolition. University of California Press, 2011
  8. Dana Craft et al v. Philip Morris Companies, mocigarettecase.com, 2013, accessed January 2018
  9. W.E. Wecker, (PMUSA’s) Expert Report of William Wecker, Truth Tobacco Industry Documents, Bates no: 3155722080-3155722146, 1 March 2010, accessed January 2018
  10. W.E. Wecker, Willard R. Brown, et al. v. the American Tobacco Co., Inc., et al. Expert Report of William Wecker. On the subject of low tar and light cigarettes. 20120827. JCCP No. 4042. Case No. 711400. (San Diego Superior Court Case No. 711400), Truth Tobacco Industry Documents, Bates no: 3990556377-3990556465, 27 August 2012, accessed January 2018
  11. Unknown, trial testimony of William E. Wecker, PhD., accepted March 15, 2005, United States of America v Philip Morris USA Inc., Truth Tobacco Industry Documents, Bates no: weckerw030705er, 15 March 2005, accessed January 2018
  12. Unknown, Deposition of William E. Wecker, PhD., October 22, 2003, United States of America v Philip Morris Inc, Truth Tobacco Industry Documents, Bates no: WECKERW102203, 22 October 2003, accessed January 2018
  13. W. Wecker, Susan Miles vs. Philip Morris Companies Inc.. Deposition of William Wecker. 20030110. No. 00-L-112, Truth Tobacco Industry Documents, Bates no: 3990561384-3990561512, 10 January 2003, accessed January 2018
  14. R.A. Brodie, Notice of Taking Expert Depositions (Richard Carchman), Truth Tobacco Industry Documents, Bates no: 3990121514-3990121524, 15 January 2002, accessed January 2018
  15. Scott v American Tobacco Co. Inc. et al, Nos. 2002-CC-2449, 2002-CC-2452. Decided: November 15, 2002, caselaw.findlaw.com, undated, accessed January 2018
  16. Unknown, Trial testimony of William E. Wecker, Ph.D., ay 5, 1999 (p.m.), Engle v. RJ Reynolds Tobacco Co, Truth Tobacco Industry Documents, Bates no: WECKERW050599PM, 5 May 1999, accessed January 2018
  17. R. Goodwin, R. Howard, L.V. Berke et al., State of Arizona, Plaintiffs, Vs. American Tobacco Co., Inc. Defendants. Defendants’ Fourth Supplemental Rule 26.1 Disclosure Statement (980803). No. CV 96-14769, Truth Tobacco Industry Documents, Bates no: 83799842-83800388, 3 September 1998, accessed January 2018
  18. W.E. Wecker, State of Washington, Plaintiff, vs. American Tobacco Co., et al., Defendants. Deposition of William E Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 522588614-522588854, 10 September 1998, accessed January 2018
  19. W. Wecker, Trial transcripts. Joann Karbiwnyk, Plaintiff, vs. R.J. Reynolds Tobacco Company Defendant, Truth Tobacco Industry Documents, Bates no: 525856971-525857035, 24 October 1997, accessed January 2018
  20. W. Max, T. Tsoukalas, Economics on trial: the use and abuse of economic methods in third party tobacco litigation, Tobacco Control, 2006 Dec; 15(Suppl 4): iv77-iv83
  21. Bareire, P. Farmers Want an End to BAT Uganda Monopoly, New Vision, 12 April 2011, accessed December 2020
  22. abcMP for Kinkizi East, Letter to the Minister of Health, PSFU/Tobacco Industry Comments on Uganda Tobacco Control Bill, 18 October 2012
  23. Private Sector Foundation Uganda, Who we are, accessed June 2015
  24. Private Sector Foundation Uganda, Private Sector Foundation Uganda Member Directory, accessed December 2020
  25. Private Sector Foundation Uganda, Application Process for PSFU Membership, accessed June 2015
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  29. Uganda Tobacco Control Bill 2014, 24 February 2014
  30. Letter from the Office of the Permanent Secretary of the Treasury to the Clerk of the National Parliament, Complaint by the Investors in the Tobacco Industry on the Tobacco Control Bill Before Parliament, 5 November 2013
  31. abSemdana, S. Letter to the Permanent Secretary to the Treasury, Financial Implications of Banning Tobacco Growing in Uganda, 29 January 2014
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  35. J. Doward, Tobacco Giant “tried blackmail” to block Ugandan anti-smoking law, The Observer, 12 July 2014, accessed December 2020
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  37. BAT Uganda, UTS and LTC, Letter to the Clerk of the Parliament, Request for a meeting with Member of Parliament from Tobacco Growing Regions, 7 April 2014
  38. Tobacco Industry Presentation, Tobacco Industry Key Concerns: The Tobacco Control Bill 2014, 11 April 2014
  39. Ministry of Trade, Industry and Cooperatives, Submission to the Parlimentary Committee on Health on the Tobacco Control Bill 2014, April 2014
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  42. Tobacco Free Uganda, Reactions To The Tobacco Industry Cautions On The Tobacco Control Bill 25 April 2014, accessed May 2015
  43. Uganda Tobacco Growers Association, Petition to the Speaker of the Parliament, Petition on Farmers’ Concerns over the Tobacco Control Bill 2014, 1 June 2014
  44. International Tobacco Growers Association, Member Countries, 2014, accessed July 2014
  45. International Tobacco Growers’ Association, John Bloxcidge, 11 October 1998, accessed 28 July 2011
  46. Farmers of West Nile Region, Kanungu and Hoima Districts, Petition of the Farmers from Tobacco Growing Regions of West Nile, Bunyoro Region, and Western Uganda in Support of the Tobacco Control Bill 2014, 17 July 2014
  47. abKiwuuwa, P. Farmers back Tobacco Control Bill, New Vision, 17 July 2014, accessed May 2015
  48. Tobacco firms’ interference biggest threat to control effort, Premium Times, 16 September 2014 , accessed May 2014
  49. Minister for Trade Industry and Cooperatives, Uganda’s Proposed Position to the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) Sixth Conference of Parties (COP 6), 26 September 2014
  50. BAT Uganda, 85 Years of Tobacco in Uganda, New Vision , Nov 2014, accessed May 2015
  51. Dr. Okuonzi Sam Agatre, MP Vurra, Letter to the Clerk of the Parliament of Uganda, RE: Petition by Tobacco Farmers
  52. Kayiwa, E. Minister blasts Tobacco Control Bill , New Vision, 2 Jan 2015
  53. Uganda Parliament, Order Paper, 14th July 2015
  54. abI. Musa Ladu, Uganda: House Passes New Anti-Tobacco Law, 29 July 2015, accessed July 2015
  55. A. Ssenyong, Government Lauded on Tobacco Control Bill, New Vision, 29 July 2015, accessed December 2020
  56. M. Peiris, To improve health and save lives for generations – Uganda Passes Comprehensive TC Law, Asian Tribune, 8 August 2015, accessed December 2020
  57. Center for Tobacco Control in Africa, Uganda’s President assents the Tobacco Control Act 2015, September 2015, accessed December 2020
  58. abRusoke, Taddeo & Talibita, Moses & Kirigwajjo, Moses & Wanyonyi, Emma, Africa Tobacco Industry Monitoring Country Report for Uganda, DOI: 10.13140/RG.2.2.30178.76482, September 2020, accessed November 2020
  59. abcTobacco Control Laws, BAT Uganda Ltd v. Attorney General & Center for Health, Human Rights and Development, 2016, accessed November 2020
  60. WHO, 2018 GLOBAL PROGRESS REPORT on Implementation of the WHO Framework Convention on Tobacco Control, accessed December 2020
  61. Global Tobacco Industry Interference Index, Uganda Country Factsheet, November 2020, accessed November 2020

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Hume Brophy https://tobaccotactics.org/article/hume-brophy/ Wed, 05 Feb 2020 11:16:23 +0000 https://tobaccotactics.org/wiki/hume-brophy/ Background Hume Brophy is a public relations and lobbying firm with offices in London, Dublin and Brussels that was established in 2005. Lobbying for Big Tobacco’s “Puppet” In February 2011 the Guardian reported that Hume Brophy was lobbying on behalf of the National Federation of Retail Newsagents (NFRN, now Federation of Independent Retailers), on the […]

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Background

Hume Brophy is a public relations and lobbying firm with offices in London, Dublin and Brussels that was established in 2005.62

Lobbying for Big Tobacco’s “Puppet”

In February 2011 the Guardian reported that Hume Brophy was lobbying on behalf of the National Federation of Retail Newsagents (NFRN, now Federation of Independent Retailers), on the proposed Point of Sale Display Ban. The PR company, which also lobbied for British American Tobacco (BAT), had emailed UK MPs claiming a tobacco display ban would have a “devastating effect on the small business sector in your constituency”.63

“The federation is a puppet of the tobacco industry,” Colin Finch, the NFRN’s president in 2001 and 2007, told the paper, accusing the industry of using “retailers to legitimise their campaign”.63

BAT confirmed that Hume Brophy had attended meetings between BAT and the federation in which the campaign was discussed. However, BAT denied it used “underhand tactics” or that the federation was a front for the company.64

See also:

Key Personnel

  • John Hume, Founding Partner
  • Eoin Brophy, Founding Partner
  • Conor Foley, Partner EU
  • Maria Cryan, Partner
  • Steve McCool, Partner and Head of UK business.

References

  1. Wecker E. Williams Associates, Clients, undated, accessed January 2018
  2. Unknown, Deposition of Laurentius Marais, Ph.D., May 22 2002, Bullock c. Philip Morris Inc., Truth Tobacco Industry Documents, Bates no: maraisI052402, 24 May 2002, accessed January 2018
  3. W.E. Wecker, Gloria Scott, et al., Against the American Tobacco Company Inc., et al., Videotaped deposition of William E. Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 523240201-523240414, 1 November 2000, accessed January 2018
  4. Wecker E. Williams Associates, Experience, undated, accessed January 2018
  5. L. Donnelly, Medical records of thousands of patients were handed to US firms connected to tobacco industry by British health officials, Telegraph probe reveals, Daily Telegraph, 15 January 2018, accessed January 2018
  6. G. Dimopoulos, A. Mitchell, T. Voon. The tobacco industry’s strategic use of freedom of information laws: A comparative analysis. Oxford University Comparative Law Forum (2016)
  7. R.N. Proctor. Golden Holocaust: Origins of the Cigarette Catastrophe and the Case for Abolition. University of California Press, 2011
  8. Dana Craft et al v. Philip Morris Companies, mocigarettecase.com, 2013, accessed January 2018
  9. W.E. Wecker, (PMUSA’s) Expert Report of William Wecker, Truth Tobacco Industry Documents, Bates no: 3155722080-3155722146, 1 March 2010, accessed January 2018
  10. W.E. Wecker, Willard R. Brown, et al. v. the American Tobacco Co., Inc., et al. Expert Report of William Wecker. On the subject of low tar and light cigarettes. 20120827. JCCP No. 4042. Case No. 711400. (San Diego Superior Court Case No. 711400), Truth Tobacco Industry Documents, Bates no: 3990556377-3990556465, 27 August 2012, accessed January 2018
  11. Unknown, trial testimony of William E. Wecker, PhD., accepted March 15, 2005, United States of America v Philip Morris USA Inc., Truth Tobacco Industry Documents, Bates no: weckerw030705er, 15 March 2005, accessed January 2018
  12. Unknown, Deposition of William E. Wecker, PhD., October 22, 2003, United States of America v Philip Morris Inc, Truth Tobacco Industry Documents, Bates no: WECKERW102203, 22 October 2003, accessed January 2018
  13. W. Wecker, Susan Miles vs. Philip Morris Companies Inc.. Deposition of William Wecker. 20030110. No. 00-L-112, Truth Tobacco Industry Documents, Bates no: 3990561384-3990561512, 10 January 2003, accessed January 2018
  14. R.A. Brodie, Notice of Taking Expert Depositions (Richard Carchman), Truth Tobacco Industry Documents, Bates no: 3990121514-3990121524, 15 January 2002, accessed January 2018
  15. Scott v American Tobacco Co. Inc. et al, Nos. 2002-CC-2449, 2002-CC-2452. Decided: November 15, 2002, caselaw.findlaw.com, undated, accessed January 2018
  16. Unknown, Trial testimony of William E. Wecker, Ph.D., ay 5, 1999 (p.m.), Engle v. RJ Reynolds Tobacco Co, Truth Tobacco Industry Documents, Bates no: WECKERW050599PM, 5 May 1999, accessed January 2018
  17. R. Goodwin, R. Howard, L.V. Berke et al., State of Arizona, Plaintiffs, Vs. American Tobacco Co., Inc. Defendants. Defendants’ Fourth Supplemental Rule 26.1 Disclosure Statement (980803). No. CV 96-14769, Truth Tobacco Industry Documents, Bates no: 83799842-83800388, 3 September 1998, accessed January 2018
  18. W.E. Wecker, State of Washington, Plaintiff, vs. American Tobacco Co., et al., Defendants. Deposition of William E Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 522588614-522588854, 10 September 1998, accessed January 2018
  19. W. Wecker, Trial transcripts. Joann Karbiwnyk, Plaintiff, vs. R.J. Reynolds Tobacco Company Defendant, Truth Tobacco Industry Documents, Bates no: 525856971-525857035, 24 October 1997, accessed January 2018
  20. W. Max, T. Tsoukalas, Economics on trial: the use and abuse of economic methods in third party tobacco litigation, Tobacco Control, 2006 Dec; 15(Suppl 4): iv77-iv83
  21. Bareire, P. Farmers Want an End to BAT Uganda Monopoly, New Vision, 12 April 2011, accessed December 2020
  22. abcMP for Kinkizi East, Letter to the Minister of Health, PSFU/Tobacco Industry Comments on Uganda Tobacco Control Bill, 18 October 2012
  23. Private Sector Foundation Uganda, Who we are, accessed June 2015
  24. Private Sector Foundation Uganda, Private Sector Foundation Uganda Member Directory, accessed December 2020
  25. Private Sector Foundation Uganda, Application Process for PSFU Membership, accessed June 2015
  26. abD’Souza, J. Anti tobacco critics should go slow, The Observer, 5 June 2013, accessed December 2020
  27. Kabagunga, M. Bunyoro Tobacco Farmers protest to leaders over bill, The Daily Monitor, 5 June 2013
  28. BAT Uganda, Congratulations to our West Nile Tobacco Farmers, The Daily Monitor, 12 September 2013
  29. Uganda Tobacco Control Bill 2014, 24 February 2014
  30. Letter from the Office of the Permanent Secretary of the Treasury to the Clerk of the National Parliament, Complaint by the Investors in the Tobacco Industry on the Tobacco Control Bill Before Parliament, 5 November 2013
  31. abSemdana, S. Letter to the Permanent Secretary to the Treasury, Financial Implications of Banning Tobacco Growing in Uganda, 29 January 2014
  32. Tobacco Control Bill 2014, Uganda Gazette No.12 Vol VII
  33. Kiwuuwa, P. Farmers back Tobacco Control Bill, New Vision, 17 July 2014, accessed December 2020
  34. Nakatudd, O. MPs in Secret Meet with BAT Officials Over Tobacco Control Bill Uganda Radio Network, 17 March 2014, accessed May 2015
  35. J. Doward, Tobacco Giant “tried blackmail” to block Ugandan anti-smoking law, The Observer, 12 July 2014, accessed December 2020
  36. BAT Uganda, Letter to the Member of Parliament Kinkizi Country East, Suspension of Tobacco Growing operations in Kihihi, 19 March 2014
  37. BAT Uganda, UTS and LTC, Letter to the Clerk of the Parliament, Request for a meeting with Member of Parliament from Tobacco Growing Regions, 7 April 2014
  38. Tobacco Industry Presentation, Tobacco Industry Key Concerns: The Tobacco Control Bill 2014, 11 April 2014
  39. Ministry of Trade, Industry and Cooperatives, Submission to the Parlimentary Committee on Health on the Tobacco Control Bill 2014, April 2014
  40. D’Souza, J. BAT Uganda. Submission by British American Tobacco Uganda Limited on the Tobacco Control Bill, 14 April 2014
  41. Tobacco Industry Presentation, Tobacco Control Bill 2014: Key Concerns of the Industry Presented to the Parlimentary Committee on Health, 14 April 2014
  42. Tobacco Free Uganda, Reactions To The Tobacco Industry Cautions On The Tobacco Control Bill 25 April 2014, accessed May 2015
  43. Uganda Tobacco Growers Association, Petition to the Speaker of the Parliament, Petition on Farmers’ Concerns over the Tobacco Control Bill 2014, 1 June 2014
  44. International Tobacco Growers Association, Member Countries, 2014, accessed July 2014
  45. International Tobacco Growers’ Association, John Bloxcidge, 11 October 1998, accessed 28 July 2011
  46. Farmers of West Nile Region, Kanungu and Hoima Districts, Petition of the Farmers from Tobacco Growing Regions of West Nile, Bunyoro Region, and Western Uganda in Support of the Tobacco Control Bill 2014, 17 July 2014
  47. abKiwuuwa, P. Farmers back Tobacco Control Bill, New Vision, 17 July 2014, accessed May 2015
  48. Tobacco firms’ interference biggest threat to control effort, Premium Times, 16 September 2014 , accessed May 2014
  49. Minister for Trade Industry and Cooperatives, Uganda’s Proposed Position to the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) Sixth Conference of Parties (COP 6), 26 September 2014
  50. BAT Uganda, 85 Years of Tobacco in Uganda, New Vision , Nov 2014, accessed May 2015
  51. Dr. Okuonzi Sam Agatre, MP Vurra, Letter to the Clerk of the Parliament of Uganda, RE: Petition by Tobacco Farmers
  52. Kayiwa, E. Minister blasts Tobacco Control Bill , New Vision, 2 Jan 2015
  53. Uganda Parliament, Order Paper, 14th July 2015
  54. abI. Musa Ladu, Uganda: House Passes New Anti-Tobacco Law, 29 July 2015, accessed July 2015
  55. A. Ssenyong, Government Lauded on Tobacco Control Bill, New Vision, 29 July 2015, accessed December 2020
  56. M. Peiris, To improve health and save lives for generations – Uganda Passes Comprehensive TC Law, Asian Tribune, 8 August 2015, accessed December 2020
  57. Center for Tobacco Control in Africa, Uganda’s President assents the Tobacco Control Act 2015, September 2015, accessed December 2020
  58. abRusoke, Taddeo & Talibita, Moses & Kirigwajjo, Moses & Wanyonyi, Emma, Africa Tobacco Industry Monitoring Country Report for Uganda, DOI: 10.13140/RG.2.2.30178.76482, September 2020, accessed November 2020
  59. abcTobacco Control Laws, BAT Uganda Ltd v. Attorney General & Center for Health, Human Rights and Development, 2016, accessed November 2020
  60. WHO, 2018 GLOBAL PROGRESS REPORT on Implementation of the WHO Framework Convention on Tobacco Control, accessed December 2020
  61. Global Tobacco Industry Interference Index, Uganda Country Factsheet, November 2020, accessed November 2020
  62. Hume Brophy, Who we are, Company website, Accessed March 2021
  63. abJamie Doward and Alex Ascherson Tobacco firms accused of funding campaign to keep cigarettes on display, The Guardian, 26 February 2011, Accessed March 2021
  64. Jamie Doward, British American Tobacco admits funding campaign against display ban, The Guardian, 28 May 2011, Accessed November 2020

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Plain Packaging in the UK: Tobacco Industry Built Alliances https://tobaccotactics.org/article/plain-packaging-in-the-uk-tobacco-industry-built-alliances/ Tue, 04 Feb 2020 22:28:52 +0000 Image 1. Influencers’ diagram, PMI Corporate Affairs Update, March 2012 (slide 12) As part of its toolbox of third-party techniques, which includes commissioning experts and funding third-party mass mobilisation campaigns, tobacco companies have built alliances more broadly with organisations with common interests. The tables presented on this page provide details of the anti-plain packaging activities […]

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Image 1. Influencers’ diagram, PMI Corporate Affairs Update, March 2012 (slide 12)

As part of its toolbox of third-party techniques, which includes commissioning experts and funding third-party mass mobilisation campaigns, tobacco companies have built alliances more broadly with organisations with common interests. The tables presented on this page provide details of the anti-plain packaging activities of intellectual property organisations, think-tanks, general business groups and retail organisations, all of whom have financial links to tobacco companies.
In 2013 a series of Philip Morris International (PMI) private documents were leaked.65 The documents reveal the extent of a multifaceted public relations campaign against plain packaging in the UK, including a highly detailed media campaign and detailed political analysis of the best ways to prevent the implementation of the policy.
The leaked 2012 Corporate Affairs presentation revealed that PMI had mapped out the UK legislative process, including which key Government Committees and Departments would be pivotal in deciding the fate of plain packaging, noting that “Multiple Government and Stakeholder Engagement” would be required to successfully oppose the policy.
One instructive slide (Image 1) had British Prime Minister David Cameron at the centre, surrounded by his formal/informal advisers who in turn were surrounded by other “influencers”. This includes Government departments as well as key non-governmental organisations (NGOs), think-tanks, unions and business groups on both sides of the plain packaging debate.
Click on the hyperlinked organisations on this page for more detailed information on both the organisation and its activities in opposition of plain packaging.

Intellectual Property Organisations

Tobacco companies have consistently argued that plain packaging policy breaches their intellectual property rights. To this end, companies have commissioned numerous reports to support their arguments.

Organisation Relationship with Industry Activity
APRAM (Association des Practiciens du Droit des Marques) PMI is a member.66 Issued joint statements against plain packaging with sister associations European Communities Trademark Association (ECTA), Beneluxvereniging voor Merken-en Modellenrecht (BMM), the German Association for the Protection of Intellectual Property (GRUR), MARQUES, and Union-IP.67686970
Business Action to Stop Counterfeiting and Piracy (BASCAP) British American Tobacco (BAT) disclosed it was a member in 2015.71 In 2012, BASCAP’s Director, Jeffrey Hardy, warned the UK Government against standardised packaging without supporting scientific evidence.72 BASCAP went on to submit a response to the 2012 73 and 2014 consultations, and to write to both the then Home Secretary, Teresa May MP, 74 and the Minister of State for Business and Enterprise, Michael Fallon MP, after the 2014 consultation to flag the ‘serious concern’ that plain packaging would increase counterfeit tobacco in the UK.75 BASCAP also lobbied the Enterprise Directorate-General of the European Commission in October 2014, following the UK’s notification to the EU of their proposed Tobacco Products Regulations.76
European Communities Trademark Association (ECTA) PMI declared membership in 2014. A few members are in-house lawyers for tobacco companies.77 Issued joint statements against plain packaging with sister associations APRAM, BMM, GRUR, MARQUES, and Union-IP.
German Association for the Protection of Intellectual Property (GRUR) PMI disclosed it was a member of GRUR in 2012.78 Issued joint statements against plain packaging in 2012 and 2013 with sister associations ECTA, BMM, APRAM, MARQUES, and Union-IP.
Markenverband DV BAT, Japan Tobacco International (JTI) and the German subsidiary of PMI are members.79 Markenverband co-organised a

Seminar on plain packaging

with BAT and PMI in 2012.80

MARQUES BAT, Imperial Tobacco (IMT), and PMI are fee-paying members.81 Issued joint statements against plain packaging with sister associations ECTA, BMM, GRUR, APRAM, and Union-IP.

See Countering Industry Arguments Against Plain Packaging: It Breaches Intellectual Property Rights for legal opinion on tobacco companies’ intellectual property argument.

Trade, Retail and General Business

Organisation Relationship with Industry Activity
Anti-Counterfeiting Group (ACG) BAT, IMT, PMI and Gallaher are members 82 Opposed plain packaging in the UK’s 2008 consultation on the Future of Tobacco Control and both the 2012 and 2014 consultation on plain packaging (2008 and 2014 were in collaboration with the British Brands Group). Wrote directly to Government Ministers in 2013 when it thought plain packaging would be announced in the Queen’s speech.83
Association of Convenience Stores BAT, IMT, JTI and PMI are members. 84 Submitted a detailed response to the 2012 and 2014 consultations.8586 It’s Director James Lowman was vocal throughout the debate with statements and arguments from him published in retail press articles. PMI’s leaked anti-plain packaging strategy identified ACS as a third-party group that it planned to utilise.
British Brands Group (BBG) Three tobacco industry members.87 Submitted detailed responses to the UK’s 2008 consultation on the Future of Tobacco Control and both the 2012 and 2014 consultation on plain packaging (2008 and 2014 were in collaboration with the ACG). The BBG was listed as a central “third party” that PMI wanted to use as a media messenger in its anti-plain packaging campaign. The Group was vocal in its opposition, making statements and giving interviews as well as writing briefings for Parliamentarians.
Confederation of British Industry (CBI) BAT is a member.88 Tobacco company internal documents show that BAT and other large business lobby organisations, including the CBI, played a leading role in promoting regulatory reform in the European Union (EU), now known as Better Regulation (BR). The CBI joined BAT in an 18-month lobbying campaign to ensure businesses were consulted in all future policy making in the EU. Better Regulation has been criticised for favouring business interests over any others, for example, health.89 In addition, prior to the final vote on plain packaging in March 2015, Director General of the CBI John Cridland urged MPs to vote against plain packaging in the UK.90 PMI’s leaked anti-plain packaging strategy identified the CBI as a third-party group that it planned to utilise.
Emergency Committee for American Trade (ECAT) PMI is a member91 In joint statements with other US business organisations ECAT voiced its opposition to plain packaging in 3 countries considering its implementation: Australia, the UK and New Zealand. 929394
International Chamber of Commerce (ICC) UK BAT is a member and a BAT executive sits on the ICC Council95 The ICC requested a meeting with officials from the Intellectual Property Office (IPO) on plain packaging in January 2012. Emails between the IPO and ICC released under a FOI request suggest that the proposed meeting took place in February 2012.96
Imported Tobacco Products Advisory Council (ITPAC) BAT, Gallaher (JTI) and IMT are associate members and are also represented separately by the TMA.97 The Secretary-General of ITPAC wrote to Treasury Minister, Sajid Javid MP, enclosing a document detailing the organisation’s concerns about plain packaging. The letter was copied to The Chancellor, George Osborne MP, and to the Chief Secretary to the Treasury, Danny Alexander MP. In it, ITPAC outline key arguments against plain packaging: evidence, illicit trade, impact of downtrading, trade and competition implications, legal implications and the risks to young people of increased availability of illicit tobacco. The document also focused on the negative impacts on government revenue of the policy.98
National Asian Business Association Tobacco Companies are members but it is not known which ones.99100 NABA lobbied the Treasury

advising against plain packaging.

101 The letter referred to arguments against plain packaging raised in the PMI-funded CEBR report102, and raised concerns about illicit tobacco and better regulation. The letter was copied to the Prime Minister, Secretaries of State for Health and Business, Home Secretary, Minister of State for Police and Criminal Justice, the Attorney General and the shadow Chancellor of the Exchequer.

National Association of Manufacturers (NAM) PMI is a member.103 Responded to the plain packaging consultation in New Zealand 104 and Australia,105 and issued joint statements with other US business organisations against the policy in these countries and in the UK. NAM also lobbied against the EU Tobacco Products Directive Revision106 and sent a letter directly to the Irish Prime Minister to lobby against plain packaging proposals there.107
National Foreign Trade Council (NFTC) BAT is on the Board of Directors of the NFTC.108 Vocal in its opposition to plain packaging in countries considering implementation. Issued joint statements with other US business organisations in Australia, the UK and New Zealand and submitted a consultation response to the UK109 and New Zealand in 2014.110
Rural Shops Alliance BAT and IMT are corporate partners to the RSA. 111 RSA accepted funding from BAT to commission a report from Visuality on the likely impact of plain packaging on rural retail businesses. 112 The RSA subsequently lobbied the Department of Health over the survey’s findings. 113 In 2014, the RSA sent a letter to the Chantler Review 114
Scottish Grocers’ Federation BAT, IMT & PMI are members contributing 9.7% of income from memberships.115 The Federation submitted a detailed response to the UK consultation in 2012, and again in 2014.116 PMI’s leaked anti-plain packaging strategy identified the SGF as a third-party media messenger that it planned to utilise. 117 When the UK government announced their first plain packaging consultation in 2012, TABD issued a joint statement with other US trade associations, including USCIB, the US Chamber of Commerce, ECAT, NAM and NFTC, to oppose the proposals to express their concern about possible “curtailing IP rights and branding”.118 Unite is the largest trade union in the UK and is “dedicated to serving the best interests of its members”119 Unite released statements in opposition of standardised packaging and submitted detailed responses to both the 2012 and 2014 consultations on the policy.120 USCIB issued a joint statement with other US trade associations, including the TABD, the US Chamber of Commerce, ECAT, NAM and NFTC, to express their concern about possible “curtailing IP rights and branding”.121 Issued joint statements with other US business organisations in Australia, the UK and New Zealand in opposition to plain packaging in countries considering its implementation.122 The ASI published Plain packaging: Commercial expression, anti-smoking extremism and the risks of hyper-regulation, a book written by Christopher Snowdon. ASI submitted a response to the 2012123
Institute of Economic Affairs BAT, IMT, JTI and PMI all provide funding. 124125 Until mid-2013, it was not known whether the IEA took tobacco company funding. Following a series of questions asked by Action on Smoking and Health (ASH (UK)) at BAT’s 2013 Annual General Meeting, it was revealed that the company funded the IEA. IMT, JTI and PMI subsequently made disclosures. During the debate, the IEA’s Director Mark Littlewood and its Director of Lifestyle Economics (a unit created during the plain packaging debate), Christopher Snowdon, were vehemently opposed to plain packaging and lobbied against the policy in TV, radio and press interviews, without disclosing any industry links. PMI’s leaked anti-plain packaging strategy identified the think tank as a third-party media messenger that it planned to utilise. 126127 The MEI published a paper Plain packaging and its unintended consequences in August 2011, which cited a PMI-funded LECG report to question the quality of the evidence on the effectiveness of plain packaging. The report also argued that the policy would increase tobacco consumption and would be likely to lead to branding restrictions in other sectors.128
Reason Foundation Historical funding from PMI.129130 In 2011, Tom Clougherty, then Managing Editor for Research at the Reason Foundation, who had also been an executive director of the Adam Smith Institute published a blogpiece on the Adam Smith Institute website criticising plain packaging for being a tool to stigmatise smokers.131
Washington Legal Foundation Historical financial links with PMI.132133 Published “Erasing Intellectual Property: ‘Plain packaging’ for consumer products and the implications for trademark rights” written by tobacco industry consultants Patrick Basham and John Luik.134 Submitted a response to the UK 2012 consultation in opposition of plain packaging.135

TobaccoTactics Resources

TCRG Research

References

  1. Wecker E. Williams Associates, Clients, undated, accessed January 2018
  2. Unknown, Deposition of Laurentius Marais, Ph.D., May 22 2002, Bullock c. Philip Morris Inc., Truth Tobacco Industry Documents, Bates no: maraisI052402, 24 May 2002, accessed January 2018
  3. W.E. Wecker, Gloria Scott, et al., Against the American Tobacco Company Inc., et al., Videotaped deposition of William E. Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 523240201-523240414, 1 November 2000, accessed January 2018
  4. Wecker E. Williams Associates, Experience, undated, accessed January 2018
  5. L. Donnelly, Medical records of thousands of patients were handed to US firms connected to tobacco industry by British health officials, Telegraph probe reveals, Daily Telegraph, 15 January 2018, accessed January 2018
  6. G. Dimopoulos, A. Mitchell, T. Voon. The tobacco industry’s strategic use of freedom of information laws: A comparative analysis. Oxford University Comparative Law Forum (2016)
  7. R.N. Proctor. Golden Holocaust: Origins of the Cigarette Catastrophe and the Case for Abolition. University of California Press, 2011
  8. Dana Craft et al v. Philip Morris Companies, mocigarettecase.com, 2013, accessed January 2018
  9. W.E. Wecker, (PMUSA’s) Expert Report of William Wecker, Truth Tobacco Industry Documents, Bates no: 3155722080-3155722146, 1 March 2010, accessed January 2018
  10. W.E. Wecker, Willard R. Brown, et al. v. the American Tobacco Co., Inc., et al. Expert Report of William Wecker. On the subject of low tar and light cigarettes. 20120827. JCCP No. 4042. Case No. 711400. (San Diego Superior Court Case No. 711400), Truth Tobacco Industry Documents, Bates no: 3990556377-3990556465, 27 August 2012, accessed January 2018
  11. Unknown, trial testimony of William E. Wecker, PhD., accepted March 15, 2005, United States of America v Philip Morris USA Inc., Truth Tobacco Industry Documents, Bates no: weckerw030705er, 15 March 2005, accessed January 2018
  12. Unknown, Deposition of William E. Wecker, PhD., October 22, 2003, United States of America v Philip Morris Inc, Truth Tobacco Industry Documents, Bates no: WECKERW102203, 22 October 2003, accessed January 2018
  13. W. Wecker, Susan Miles vs. Philip Morris Companies Inc.. Deposition of William Wecker. 20030110. No. 00-L-112, Truth Tobacco Industry Documents, Bates no: 3990561384-3990561512, 10 January 2003, accessed January 2018
  14. R.A. Brodie, Notice of Taking Expert Depositions (Richard Carchman), Truth Tobacco Industry Documents, Bates no: 3990121514-3990121524, 15 January 2002, accessed January 2018
  15. Scott v American Tobacco Co. Inc. et al, Nos. 2002-CC-2449, 2002-CC-2452. Decided: November 15, 2002, caselaw.findlaw.com, undated, accessed January 2018
  16. Unknown, Trial testimony of William E. Wecker, Ph.D., ay 5, 1999 (p.m.), Engle v. RJ Reynolds Tobacco Co, Truth Tobacco Industry Documents, Bates no: WECKERW050599PM, 5 May 1999, accessed January 2018
  17. R. Goodwin, R. Howard, L.V. Berke et al., State of Arizona, Plaintiffs, Vs. American Tobacco Co., Inc. Defendants. Defendants’ Fourth Supplemental Rule 26.1 Disclosure Statement (980803). No. CV 96-14769, Truth Tobacco Industry Documents, Bates no: 83799842-83800388, 3 September 1998, accessed January 2018
  18. W.E. Wecker, State of Washington, Plaintiff, vs. American Tobacco Co., et al., Defendants. Deposition of William E Wecker, Ph.D., Truth Tobacco Industry Documents, Bates no: 522588614-522588854, 10 September 1998, accessed January 2018
  19. W. Wecker, Trial transcripts. Joann Karbiwnyk, Plaintiff, vs. R.J. Reynolds Tobacco Company Defendant, Truth Tobacco Industry Documents, Bates no: 525856971-525857035, 24 October 1997, accessed January 2018
  20. W. Max, T. Tsoukalas, Economics on trial: the use and abuse of economic methods in third party tobacco litigation, Tobacco Control, 2006 Dec; 15(Suppl 4): iv77-iv83
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  136. The post Plain Packaging in the UK: Tobacco Industry Built Alliances appeared first on TobaccoTactics.

    ]]> European Communities Trademark Association https://tobaccotactics.org/article/european-communities-trademark-association/ Tue, 04 Feb 2020 15:56:29 +0000 https://tobaccotactics.org/wiki/european-communities-trademark-association/ The European Communities Trademark Association (ECTA) describes itself as a non-profit organisation, whose membership comprises of lawyers and attorneys who practice in the field of trademarks and designs in the European Union (EU). The organisation has close links with the European Commission and the Office for Harmonization in the Internal Market (OHIM) and “is recognised […]

    The post European Communities Trademark Association appeared first on TobaccoTactics.

    ]]>
    The European Communities Trademark Association (ECTA) describes itself as a non-profit organisation, whose membership comprises of lawyers and attorneys who practice in the field of trademarks and designs in the European Union (EU). The organisation has close links with the European Commission and the Office for Harmonization in the Internal Market (OHIM) and “is recognised by the World Intellectual Property Organization (WIPO) as a non-governmental organization.”160
    It also has a Memorandum of Understanding with the European Anti-Fraud office, OLAF.161 The Association proudly states:

    “ECTA is the first IP property association to establish a Memorandum of Understanding with an institution that is internationally recognised in the fight against counterfeiting in Europe….ECTA is honoured to be surrounded by such experienced and recognised partners and we believe this collaboration will contribute to a better promotion and protection of IP rights in Europe.”

    Connection to the Tobacco Industry

    In a 2014 document ECTA made a statement of disclosure of an indirect financial connection to the tobacco industry:

    “ECTA declare that a very few of its members are employed in-house lawyers and attorneys in the tobacco industry, among the considerable range of industries represented in the ECTA membership. To this extent only it can be said that ECTA, through these subscriptions, receives funding from the tobacco industry. Subject to this, ECTA does not have any links to, or receive any funding from, any part of the tobacco industry.”

    Screen grab of ECTA events webpage (March 2014)

    Sister Associations

    ECTA is openly affiliated with a number of other associations that it refers to as its “Sister Associations”: the Association of Trademarks and Designs Rights Practitioners (APRAM), Beneluxvereniging voor Merken-en Modellenrecht (BMM), the German Association for the Protection of Intellectual Property (GRUR), MARQUES, and Union-IP. All of these associations represent their members’ interests in intellectual property issues. Together, these associations have lobbied in favour of upholding the intellectual property of tobacco companies.

    Against Plain Packaging

    UK 2012: Shortly after the launch of the initial UK Consultation on Plain Packaging for tobacco products in April 2012, a joint statement was issued by ECTA, APRAM, BMM, GRUR, MARQUES and Union-IP. The organisations argued that the proposed legislation:

    “would adversely affect the markets, with harmful impacts on the economy as a whole as would be derived from escalating counterfeiting and piracy throughout the EU and worldwide.”162

    It also stated that:

    “trademarks…are relied upon by consumers as signposts of genuine goods and services…Trademarks also indicate the source of goods and services to assure consumers on the quality of the products that they purchase or that they would consider purchasing. This fundamental function cannot be fulfilled if trademarks are not noticeable, or unavailable…would lead to consumer confusion and therefore diminish the goodwill acquired in that brand through considerable investment and effort over a significant period of time. In fact the inability to call for or recognize a brand also takes away a consumer’s freedom of choice.”

    The statement did not offer any evidence to support these concerns. Nevertheless, in its submission to the UK Consultation on plain packaging, Japan Tobacco International cited it as an argument against the policy.163
    UK 2013: The sister associations issued a follow up to this statement in July 2013.164
    ECTA also made its own submission to the UK consultation, without declaring the organisation’s links to the industry. Before that, ECTA stated its opposition to any proposals for plain packaging in its response to the 2008 UK consultation on the future of tobacco control.165
    UK 2014: ECTA has made similar objections to the policy in Ireland. It submitted a document in January 2014 arguing that the policy has consequences for trademark rights and illicit trade, particularly counterfeiting. In this statement ECTA cited a London Economics report called “An analysis of smoking prevalence in Australia”. London Economics is an economic research consultancy and was commissioned by Philip Morris International to produce the referenced report.

    Image 1: First page of joint statement from ECTA and its sister associations objecting to the proposals for revision of the EU Tobacco Products Directive, particularly the adoption of plain packaging and 75% health warnings

    On 25 June 2014, in response to Ireland’s decision to carry forward plain packaging legislation, ECTA released another joint statement with its sister organisations and other affiliated intellectual property organisations. In the statement, the signatories expressed “great concern” over the Irish Government’s decision, stating that plain packaging laws “amount to an indirect legislative expropriation” of property rights and suggesting that implementing plain packaging requirements for tobacco products will only be the first of many such requirements for other “unhealthy” products.166 In closing, the signatories called upon the Irish Government not to proceed with the legislation and for other EU Member States to caution the Irish Government against such actions.
    No factual evidence was quoted in the letter. Organisations’ affiliations with tobacco companies were also omitted; BMM, CSZV, ICC, MARQUES, and Unifab all have fee-paying tobacco company members, ECTA has members that are employees of tobacco companies, and Union-IP is a Sister Association of ECTA,APRAM, BMM,and MARQUES.

    Against the EU Tobacco Products Directive Revision

    In early 2013, ECTA reaffirmed that plain packaging was a priority for the organisation in 2013:

    “plain packaging knocked on European doors in December with the publication of the European Commission’s revised proposal for the Tobacco Directive. It should be clear that the defence of the free use of brands must not be confused with the promotion of the product itself. This distinction is fundamental. In this context, ECTA’s mission has been particularly challenging. After the publication of the proposal, ECTA together with other associations submitted a joint statement to Michel Bernier, Commissioner for Internal Market and Services. Currently, the proposal is with the European Parliament, therefore the matter of standardised packaging will remain one of the top priorities for ECTA in 2013.”

    Remaining true to this priority, in July 2013, together with its sister associations, ECTA submitted a statement objecting to the provisions outlined in the proposed EU Tobacco Products Directive Revision(See Image 1). 167
    The statement urged the European Parliament’s Environment, Public Health and Food Safety (ENVI) Committee to vote against plain packaging and “excessively large health warning labels on packaging” which the sister associations labelled “extreme amendments” to the proposed Tobacco Products Directive revision.

    Image 2: Influencers diagram snipped from PMI UK Corporate Affairs Update March 2012, Leaked in 2013

    ECTA Identified by Philip Morris International as an ‘Influencer’

    In mid-2013, internal PMI documents authored in early 2012 revealed that the company planned a multi-faceted campaign to oppose the British government’s proposal to introduce plain packaging.168169 ECTA was one of the central “third party” groups that PMI wanted to use in its anti-plain packaging campaign.
    The leaked presentations show that PMI identified all those whom it considered to be major players in the UK legislative decision-making process. PMI named ‘key committees’ such as the Cabinet Office Behavioural Insight Unit, the Regulatory Policy Committee, the Government’s Department for Business Innovation & Skills (BIS), and Reducing Regulation Committee (RRC) which, among other things, strives to reduce the burden of regulation in accordance with the principles of better regulation.
    PMI also detailed a model centred around UK Prime Minister David Cameron, the “decision maker” (see Image 2). Cameron, depicted at the epicentre, is surrounded by nine “formal/informal advisors” who in turn were surrounded by a large number of “influencers” including MPs, Lords, Government departments and a series of non-governmental organisations, charities and lobby groups (see Image). Included amongst the lobby groups identified by PMI as influencers was the ECTA.
    See also:

    TobaccoTactics Resources

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    Right of centre, neoliberal or libertarian think tanks have opposed plain packaging, particularly on grounds of illegality, the protection of intellectual property rights and excessive state intervention in the market (or ‘nanny-statism’).

    Organisation Funder Activity
    Adam Smith Institute In 2013, 3% of its funding came from tobacco companies. 178J. Doward, Health groups dismayed by news ‘big tobacco’ funded rightwing thinktanks, The Observer, 1 June 2013, accessed June 2013
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  164. APRAM, BMM, ECTA, MARQUES, Union-IP.  IP Associations’ strong concerns with the Irish Government’s decision to proceed with plain packaging legislation. Joint Statement, 3 July 2013
  165. Philip Morris International, UK Corporate Affairs Update February 2012. In PMI leaked docs in 2013
  166. Philip Morris International, UK Corporate Affairs Update March 2012. In PMI leaked docs in 2013
  167. The post European Communities Trademark Association appeared first on TobaccoTactics.

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