Australian Government Struggles to Hide Failure of Tobacco Branding Ban

PR62690

GENEVA, Nov. 30, 2015 /PRNewswire=KYODO JBN/ --

             Delayed Report Prompts Concern Over Compliance

   On the third anniversary of Australia's controversial 'plain' packaging

legislation for tobacco products, the Government is still refusing to admit its

failure. This would explain why the Department of Health (DoH) is pushing back

the publication of its Post-Implementation Review (PIR).

     (Logo: http://photos.prnewswire.com/prnh/20130528/617491 )

  Since the introduction of the branding ban in December 2012, the Government's

own data has shown no change to the pre-existing decline in smoking rates[1].

Minutes of a Senate debate held in October[2] highlight the uneasiness

surrounding the PIR and the difficulty that the DoH is having in producing a

report which complies with government guidelines. It illustrates fears that the

review may be sub-standard by not measuring the Tobacco Plain Packaging Act

against its original objectives.

   "Anti-tobacco lobbyists have misrepresented the data to hide the fact that

the ban on brands has failed", says Michiel Reerink, JTI's Regulatory Strategy

Vice President. "Australia - the only country where the measure has been

introduced - cannot be held up as a model for other countries to follow", he

adds.

   Official guidelines[3] state that PIRs on major policies such as the plain

packaging law should be conducted within two years of the policy being

introduced, and completed within six months. They require PIRs to measure the

success of the policy against the original objectives of the legislation.

   "The DoH is desperate to prove the success of this policy but all of the

evidence - their own evidence - points to failure. The government should own up

to this failure, and the PIR is an opportunity to do that. If this review is

not completed and published soon, and if it is not compliant with the

Government's own standards, other countries will be misled", concludes Mr.

Reerink.

   Notes to editors

   - The Australian Government's Office of Best Practice Regulation (OBPR)

states that "Australian Government agencies must undertake a

post-implementation review (PIR) for all regulatory changes that have major

impacts on the economy. PIRs must also be prepared when regulation has been

introduced, removed, or significantly changed without a regulation impact

statement (RIS)… A PIR's conclusion should provide an assessment, based on the

available evidence, of whether the regulation remains appropriate and of how

effective and efficient it has been in meeting its original objectives."

   - "The PIR should commence within one to two years of the regulations being

implemented."

   - "As a guide, agencies should not need more than three months to complete a

PIR. If the regulation is particularly large in scope or impacts, then six

months may be more adequate." [3]

   The original objectives of Australia's Tobacco Plain Packaging Act are the

following:

   - discouraging people from taking up smoking, or using tobacco products;  

   - encouraging people to give up smoking, and to stop using tobacco

     products;  

   - discouraging people who have given up smoking, or who have stopped using  

     tobacco products, from relapsing; and

   - reducing people's exposure to smoke from tobacco products

   See: https://www.comlaw.gov.au/Details/C2013C00190/Html/Text#_Toc356804095

   JTI, a member of the Japan Tobacco Group of Companies, is a leading

international tobacco manufacturer. It markets world-renowned brands such as

Winston, Camel, Mevius and LD. Other global brands include Benson & Hedges,

Silk Cut, Sobranie and Glamour. With headquarters in Geneva, Switzerland, and

about 26,000 employees worldwide, JTI has operations in more than 120

countries. Its core revenue in the fiscal year ended December 31, 2014, was USD

11.9 billion. For more information, visit: http://www.jti.com.

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1. National Drug Strategy Household Survey 2013: tobacco, alcohol and illicit

drugs.  

2. Proof Committee Hansard (Senate), Finance and Public Administration

Legislation Committee, Estimates, Monday, October 19, 2015, Canberra, p. 93-95

3. Guidance note, Australian Government, Department of the Prime Minister and

Cabinet, Office of Best Practice Regulations, July 2014, p.1.

   For further information, please contact:

   Marie-Helene Dube

   JTI Press Office

   Phone: +41-22-703-0291

   pressoffice@jti.com

   SOURCE: JTI (Japan Tobacco International)