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