preventing tobacco pack advertising - the australian experience anne jones, ash australia aspire...
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Drab, brown-green and unseen
Preventing tobacco pack advertising - the Australian experience
Anne Jones, ASH Australia ASPIRE seminar, Wellington NZ 29/9/11
Overview
1. Context 2. Out of sight at point of sale (PoS)
Where are we at? How did we get there?
3. TI opposition and counter actions4. Plain packaging – brief update5. Lessons learned6. Challenges and opportunities7. Next steps?
1. Context
Global
1. WHO FCTC has been ratified by Australia, NZ and Pacific region with legal obligations to –
comprehensively ban all TAPS (Article 13) protect health policies from TI interference (Art 5.3) implement large, effective health warnings (Art 11)
2. Political Declaration at UN Meeting this month on Non-Communicable Diseases commits governments to accelerate the FCTC
3. Expectations that we can lead the way
Context
Australia Federal + 8 states/territories with Tobacco Action Plans Agreed national target of 10% or less smoking by 2018 National Preventive Health Agency formed by Govt to
prevent diseases, act on recommendations of roadmap report www.anpha.gov.au/internet/anpha/publishing.nsf/Content/home-1
$50m pa combined investment in tobacco control Council of Australian Governments (COAG) Health P’ship
agreements include targets to reduce smoking 16.6% (14+) smoke at least weekly, 15.1% daily (AIHW ‘10) 7.3% (110,000) secondary school children smoke at least
weekly (ASSAD ‘08)
2. Out of sight at point of sale
How did we get from this…..
to this?
Where are we at? Out of sight laws as of 9/11
Best to worst:
ACT General retailers 31 Dec 2009; specialist tobacconists 31 Dec 2010
NT All retailers 2 Jan 2011
Tas General retailers 1 Feb 2011; specialist exemptions to end 2012
NSW Large retailers from 1 Jan 2010; smaller 1 Jul 2010; specialists by 1 Jul 2013
WA General retailers 22 Sept 2010; specialists exempt with conditions (under review)
SA General retailers 1 Jan 2012; specialist exemptions to end Dec 2014
Vic General retailers 1 Jan 2011; specialists exempt
Qld Bill introduced, plan to cover all from Dec 2011? (under review)
How it looks now
Behind the counter, above the counter, under the counter
– and still front-of-shop
Out of sight duty free tobacco for both incoming and outgoing sales
Price tickets and price boardsJurisdiction Price tickets - display Price Boards Price list Other labelsACT (can be located ‘below or next to
blocked out smoking products’ – could be inside or outside cupboard)
X X (Staff barcode sheet permitted)
NSW (must be attached to a sales unit)
(Board or price tickets not both, most retailers use price board)
X
NT X (Can be produced on customer request)
(Small label visible to retailer only, no price info)
QLD – TBC – Bill currently before QLD Parlt; new regs not yet drafted.
(Bill says must be ‘fixed at the place’ where tobacco products are kept – could be in or outside unit)
X X
SA (can be located inside or outside cupboard or both)
X
TAS X X (Can use price ticket inside cupboard; must only be visible to retailer)
VIC X X (Dept advises ok as long as does not amount to a tobacco advertisement)
WA (can be located inside or outside cupboard)
(Can be produced on customer request)
X
Source: Vicki Tumini, Legal Policy Adviser, QUIT Victoria
Pitfalls of price boards
NSW legislation allows price tickets and boards
www.health.nsw.gov.au/resources/publichealth/healthpromotion/tobacco/
pdf/display_factsheet_5_final.pdf
Price boards are very visible in public place - used as
advert and to promote price discounting
$17 (25), $30 (50)
Best option: Price tickets only or with price
list on demand with no multiple pack discounts listed
Health warnings at PoS
Prescribed for display (size, position)
Call the quit line message, health warning
Best option - full colour graphic warning or nothing including ban on industry age warnings
Paper by Ron Borland soon to be published
Tobacco retailer registration – along with dogs, cars and alcohol sellers
35,000 retail outletsMost registered for fee and can be
deregistered for selling to childrenPublicly accessibleBest option: registration scheme with
large fee to cover full costs of compliance monitoring, responsible selling training
How did we get there? Developed united position on PoS, gaps, advocacy plan
Recommended elimination of all forms of advertising in retail outlets – with limited display not an alternative
• Collaborated on overall plan, advocacy tools
• Partners engaged in advocacy with submissions, media, MP meetings
www.cancer.org.au/File/PolicyPublications/Position_statements/PS-Display_advertising-April2005.pdf
Tobacco Issues Committee developed joint position statement for policy makers, MPs, media, public
Created a strong “Protecting Children from Tobacco coalition”
Formed and co-ordinated by ASH, the coalition of 42 partners endorses: submissions to governments, media releases, letter campaigns, advocacy kits
Action on Smoking and Health Australia; Alcohol and other Drugs Council of Australia;Association for the Wellbeing of Children in Healthcare; Association of Children's Welfare Agencies;Australian and New Zealand Head and Neck Cancer Society; Australian & New Zealand Society of Respiratory Science;Australian Childhood Foundation; Australian Council of Social Service; Australian Council of State School Organisations;Australian Council on Smoking and Health; Australian Education Union; Australian Foster Care Association;Australian General Practice Network; Australian Lions Drug Awareness Foundation; Australian Lung Foundation; Australian Medical Association (NSW); Australian National Council on Drugs; Australian Parents' Council;Australian Youth Affairs Coalition; Baptist Union of NSW; Cancer Council Australia; Catholic Health Australia;Centre for Excellence in Indigenous Tobacco Control; Children’s Cancer Institute Australia for Medical Research;Cystic Fibrosis Australia; Early Childhood Australia; Families Australia; Heart Foundation;Murdoch Children’s Research Institute; National Association for Prevention of Child Abuse and Neglect;National Asthma Council Australia; NSW Council of Churches; Public Affairs Commission of the Anglican Church of Australia; Public Health Association of Australia; Royal Australasian College of Physicians; Royal Australian College of General Practitioners; Rural Doctors Association of Australia; Save the Children Australia;SIDS and Kids; Smarter than Smoking; Telethon Institute for Child Health Research; Thoracic Society of Australia and New Zealand
Presented and publicised research evidence
Retail displays predispose children towards smoking, make them more likely to begin and continue smoking
Tobacco display a powerful form of advertising – TI sees aim as to “stimulate trial purchase and re-purchase” (used ad experts’ analysis)
Shop display undermines attempts to quit smoking by tempting would-be quitters into “impulse buying”
Putting tobacco totally out of sight in shops a worldwide trend Retail displays of tobacco may encourage break-and-enter theft;
putting tobacco out of sight may discourage Strong public support for out of sight policy Most smokers don’t need displays to choose brand Any loss of revenue from tobacco sales countered short-term
by transfer of spending to other consumables; far outweighed long-term by health savings from reduced smoking
www.ashaust.org.au/lv4/POSdisplay.doc
Monitored and countered retailer myths
Myth #1 Putting tobacco out of sight in shops will hurt retailers by costing “thousands” of dollars in new shelving - jobs will be lost
Myth #2 Ending display is unnecessary, no evidence to show tobacco displays increase youth smoking or sales
Myth #3 Display is “not the same as advertising”
Myth #4 Tobacco is “legal” and retailers have right to sell legal products
Myth #5 Restricting display will interfere with brand choice
Myth #6 Tobacco is good for the economy – earning $9.3 b each year
Myth #7 Putting tobacco out of sight will endanger staff by making them turn or bend down in positions making them vulnerable to
theft
Myth #8 Display bans would hide graphic packet health warnings
Myth #9 Display bans are “paternalistic”, would diminish liberty
Myth #10 Out of sight tobacco will increase illicit trade and smuggling
These myths busted in ASH fact sheets and kits at www.ashaust.org.au/lv4/POSretailclaims.doc
Engaged with opinion leaders, policy and decision makers
Advocacy tools
Framed our issue as protecting children
Collaborated with partners on key messages
Promoted the evidence
Mobilised coalition to endorse govt submissions, media releases
Lobbied MPs with letter campaigns, advocacy kits and e-campaign
Raised public awareness with earned media releases
Developed retailer support by using shareholder activism with major retailers Woolworths and Coles
Promoted public opinion surveys supporting tougher controls
Exploited the domino effect starting with most winnable state
Countered the TI myths
3. TI opposition and counter actions
“There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests”
WHO FCTC Article 5.3
TI tactics
1. Reinventing the industry’s image Engaged in CSR programs Cast tobacco control as ‘nanny state’, anti-business
2. Influencing friends in high places Schmoozed political parties with donations Used prominent people, recruited former political advisers,
hid behind high profile lobbyists
3. “Astro-turfing” – using third parties Retailer Alliance funded by TI opposed govt
with $20m mass media campaign Attacked health policies using think tanks and consultants
(e.g. IPA, Patrick Basham)
TI tactics
4. Intimidation and harassment Economic threats over job losses Deloittes report commissioned by TI retailer front group
claimed compliance costs of $10,000 /retailer Legal threats, flooding Health Departments with FOIs
5. Claiming it “won’t work” Ignored decades of research, argued that
if it hadn’t been done elsewhere there was “no evidence” Tried to argue policies wouldn’t reduce smoking, but
would still have ruinous costs for to retailers
6. Claiming “failure” of TC policies in other countries Lobbied MPs with false claims that
out-of-sight had “failed” in Canada; then using out-of-sight to claim “no need” for plain packs
TI tactics
7. TAPS – to hook and hide
Exemptions used to “push to the pushers” with incentives
New media exploited “Our silent salesman” gets
frequent makeovers…. ASH “PackWatch” at www.ashaust.org.au/lv4/MarketingPloys.htm
Systematic monitoring
of TI tactics
Monthly ASH online TI tactics charts - from Aug 2010
RH “Counter-actions” column deleted or edited for online
TI tactics guide
ASH Australia online guide (2010)
A guide to identifying, monitoring and preventing tobacco industry interference
in public health
www.ashaust.org.au/pdfs/TItacticsGuide.pdf
4. Plain packaging – a brief update
Two bills introduced in May 2011 after long public consultation, three inquires
Passed Lower House Aug 2011, Senate expected to pass after 11th October when resumes
Law due to take effect January 1 – July 1, 2012
Trans-Tasman agreement exemption for 12 months
Developed united position on plain packs, gaps and advocacy plan
National Tobacco Issues Committee developed public position statement including
Key messages
What plain pack laws must cover
Background – Limited regulation of pack design Brand image and personality communicated through pack Packs target market segments, new smokers and brand switching Deceptive use of colour, imagery and undermining of warnings Trademarks and trade agreements
Expert review of evidence launched with “Plain facts” website www.cancervic.org.au/plainfacts/default.asp
Celebrated champion Health Minister’s reform agenda vs chronic diseases
National Preventative Health Taskforce formed by Minister - in 2009 recommended plain packs as one of 11 key tobacco action areas
April 2010: Government leaders announced plain packs plus immediate 25% tax increase
31 May 2011: Minister Roxon receives WHO, Nigel Grey awards; National TC Scoreboard
Minister commits $700,000 to WHO for global tobacco fight
Countered the TI’s “plain pack attack”
Front groups: Alliance of Australian Retailers media campaign in election period(“It won’t work, so why do it?”) – funded by big 3
“Nanny State”: Imperial’s $20m carpet-bombing media campaign
New micro websites: www.ideservetobeheard.com.au (PML), www.nonannystate.com.au (Imperial),www.plainpack.com (BATA)
Smoker mobilisation: with pack inserts (PML)
Legal challenges: - FOI appeals to try to get old govt legal advice (PML, BATA) - PML vs Govt claiming plain packs would infringe obscure Aust-Hong Kong bilateral trade treaty – - Threatening “billions of $” legal cost to taxpayer
Economic “bull and bullying”: Deloitte reports exaggerate illicit trade, seeking delays - timeframe “unrealistic”, threatening price war
5. Lessons learned
1. Collaborating with partners creates united front on policies, messages
2. Selling the evidence plays big part in winning policy/political support
3. Mobilising and supporting Champions helps promote the messages - in media, and inside and outside government
4. Exposing weak links with “Tobacco Control Scoreboard” on WNT Day - creates a competitive environment to improve
5. Monitor and counter TI tactics – strategically, publicly and frequently with Tobacco Watch, Pack Watch and monthly reports
6. Building stronger coalitions beyond health strengthens the case
7. Polling public opinion is worth the investment as ahead of govt
8. Avoid exemptions and incremental phases - harmful, messy, confusing, and not a level playing field
6. Challenges and opportunities
1. Exemptions, long phase out, no end Avoid at all costs as harmful, messy, and unfair
2. Winning political support Preventive Health strategy? Situational analysis
comparing NZ lagging behind Australia? Role of Trans-Tasman Agreement?
3. Preventing TI interference Need for engagement to be limited, transparent Scoping paper on FCTC Article 5.3 and action plan
Challenges and opportunities
4. Countering the “no evidence” claim Collaborating on research agenda
i.e. OCEANIA, WCTOH, tobacco-free futures
CINSW Tobacco Promotion Working Group (re impact of out-of-sight, plain packs)
5. Tobacco price discounting – the latest tactic Price tickets without public price boards best
option or boards on demand to limit price promotions and discounts.
7. Next steps?
Comprehensive TC plan needs to:
Prevent TI interference Best practice (no exemptions) Strengthen capacity, coalitions Build in tobacco-free future goals Evaluate what we have done
to improve what we do next More ANZAC spirit!
Acknowledgments
Anne Jones OAM Chief Executive, ASH Australia
Stafford SandersCommunications Officer, ASH AustraliaCo-ordinator, Protecting Children from Tobacco coalition
Thanks to ASH interns and volunteers
www.ashaust.org.au
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