Government moves towards ‘plain’ packaging for cigarettes

Health minister Jane Ellison told the House of Commons the government intends to publish draft regulations after a review of the evidence on the potential public health effects of standardised packaging by Sir Cyril Chantler.

She told MPs: “I am currently minded to proceed with introducing regulations to provide for standardised packaging.

“However, in order to ensure that decision is properly and fully informed I intend to publish the draft regulations so it is crystal clear what is intended, alongside a final, short consultation in which I will ask in particular for views on anything new since the last full public consultation relevant to the final decision on this policy.

“I will announce the details about the content and timing of that very shortly but would invite those with an interest to start considering any responses they wish to make now.

“The house will understand I want to move forward as swiftly as possible and parliament gave us the regulation-making powers in the Children and Families Act.”

The consultation is expected to last for six weeks, and a Department of Health spokesman told Channel 4 News the government’s aim is to pass legislation before the end of this parliament.

‘Compelling case’

Ms Ellison sayd Sir Cyril, a former paediatric consultant, had been asked to focus on the impact of plain packaging on children’s health, and made a “compelling case” for a change in the law.

Sir Cyril’s report concludes: “There is very strong evidence that exposure to tobacco advertising and promotion increases the likelihood of children taking up smoking.”

It adds: “The tobacco industry argues that all of its marketing activity, including packaging, aims solely to persuade existing adult smokers to switch brand and never targets children or new smokers.

“However, in my opinion, whatever their intent, it is not plausible that the effect of branded packaging is only to encourage brand switching amongst adult smokers, and never to encourage non-smokers from taking up smoking.”

Sir Cyril says he accepts that there are “limitations to the evidence currently available” about whether a switch to plain packs will cut consumption, as there has never been a randomised controlled trial testing the effect on children.

But it would be unethical to hold such a study, since that would involve exposing youngsters to smoke and the dangers of addiction.

Ms Ellison said: “It is clear smoking is a disease of adolescence and we know that across the UK more than 200,000 children aged between 11 and 15 start smoking every year. In other words, around 600 children start smoking in the UK every day.

“Many of these children will grow up with a nicotine addiction that they will find extremely difficult to break and that’s a tragedy for these young people, their families and the public health of our nation.

“Sir Cyril points out that if this rate of smoking by children was reduced even by 2 per cent, for example, it would mean that 4,000 fewer children take up smoking each year.

“Sir Cyril’s report makes a compelling case that if standardised packaging were introduced it would be very likely to have a positive impact on public health, and that these health benefits would include health benefits for children.”

Backbench anger

Ms Ellison faced a storm of criticism from Conservative backbenchers, with Sir Gerald Howarth saying: “I do not believe that this is a Conservative measure. It is an example of the nanny state.”

He said that 13 per cent of packs sold are illicit, costing the Treasury £3bn, and standardised packaging could result in the number of smuggled packs to “rocket”.

Labour’s shadow public health minister Luciana Berger said the announcement of “yet another consultation” amounted to the Government kicking the issue “into the long grass”, adding: “There can be no excuse for further delay.”

But some Labour backbenchers welcomed the move.

The government postponed a decision on plain packaging last year, prompting criticsim from Labour when it emerged that the Conservative election strategist Lynton Crosby had connections to the tobacco industry.

Cigarettes have been sold in olive green packs without logos in Australia since December 2012. The evidence of any effect on smoking rates remains inconclusive.

Threat of legal action

Japan Tobacco International (JTI), which owns a number of cigarette brands including Camel, Benson & Hedges and Silk Cut, said it would challenge plain pack legislation in the courts if necessary.

The company said it considered the introduction of unbranded packaging an illegal infringement of its rights.

Managing director Daniel Torras said: “The Chantler report expilcitly references the ‘limitations’ of the evidence presented by a small group of tobacco control lobbyists.

“The latest reports from Australia indicate that plain packaging has had no positive impact at all and that the illegal trade is increasing. For the Chantler review to discount the only ‘real world’ evidence available is inexplicable.”

He added: “The Chantler report does not and could not justify the deprivation of assets that are worth billions of pounds. In 2007 Japan Tobacco bought Gallaher, for £9.4bn, which demonstrates the significant value of our brands and the company.

“The introduction of plain packaging would be unlawful as it unjustifiably infringes a number of JTI’s fundamental legal rights which are protected by UK, EU and international law, including its right to property, freedom of expression and freedom of trade.”