PHA Taming Industry 8-15a

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Taming the monsters

Tobacco industry corporations:


Problems, trends and solutions

September 7, 2015
PHA conference, Dunedin

George Thomson,
Nick Wilson
Louise Delany
University of Otago, Wellington, NZ
The problem of the industry includes:

1.Its power to resist effective regulation


2.Its reach into developing countries, and
3.Its capacity to corrupt government processes
Tobacco industry business model

1.Use $ billions to associate positive values with


tobacco brands
2.Recruit people under 25
3.Customers kept by nicotine addiction
4.Use top lawyers and PR to obscure the above
5.Use $, top lobbyists and PR to prevent laws,
treaties and legal action to deal with 1-4
Trends within the world tobacco industry

• Products
• Concentration
• The relative growth of China Tobacco
New tobacco and nicotine products
Tobacco industry investment in the production and
marketing of:
•E-cigarettes: Increasingly dominated by industry
•Smokeless tobacco

US marketing spending 1998-2012


Concentrated power
• In 2000 top 5 companies’ had 68% of cig market
• In 2014: 83%

2014 data
Why fewer and larger?
• Efficiency of larger cigarette making machines
• The ability to dominate the tobacco leaf-buying
environment
• Cost-effectiveness of world-scale marketing
• Better access to capital
• Ability to buy smaller companies

Marketing to Russian women


Plus effects of globalisation
• Globalisation has helped tobacco companies
• Trade/investment treaties help industry to enter
countries and resist regulation
• Cigarette production and sales are moving to
Asia, Eastern Europe, and Africa
• Over 80% of smokers are in ‘developing’
countries
Case study: China Tobacco
• Growing: From 2002 to 2013, China’s share of
world production rose from 30% to 43%
• Govt owned: regulator (State Tobacco Monopoly)
and the marketer (CNTC) same

• CNTC contracts manufacturers


• Premier’s brother was deputy CNTC CEO 2003-15

• Crucial $: Provides 7% of all state revenue


• In 2010 only 1% of production exported
Chinese brands are increasingly important globally
Solutions
• Law
• Implementing law
• Hearts and minds – reframing the industry
• Allies within China
– President Jinping’s wife ‘Anti-Smoking Ambassador’ from 2009
– In 2012, none of the Politburo Standing Committee a smoker. Only
five (20%) of Politburo smokers, & rarely smoked in public
– 2013: Party circular: leaders banned from smoking in public
Law
International law can be used to control industry activities
•Framework Convention for Tobacco Control (FCTC)
•Convention on the rights of children (UNCROC)
•UN Political Declaration on NCDs 2011 (soft law)
•Health law seen as part of international human rights law
•Trade and investment law more clearly recognise
important of public health and other values
FCTC
• First treaty to control a non-communicable disease
disaster
• Needs to be strengthened and more widely
implemented: eg,
– to exclude the industry from international and country-
level policymaking
– to address issues about e-cigarettes,
– to ensure that industry cannot invoke WTO law, or
provisions in free trade agreements

• NZ could lead at World Health Assembly & WHO


Implementing law
Hearts and minds (changing political
agendas)
• Framing the tobacco industry as an under-regulated
and criminal killer:
– Denial of nicotine addiction, marketing to children
– Found by US courts to conspire to lie, deceive
– BAT admitted smuggling (2001)
Summary
• The industry is increasingly dominated by very
large and powerful global companies
• A stronger globalised tobacco industry requires
a stronger international legal response
Further reading

Thomson G, Wilson N. (2015). The Global


Tobacco Industry. In: Reference Module in
Biomedical Sciences. Waltham, MA, Elsevier.
http://www.sciencedirect.com/science/article/pii/B9780128012383032013/pdfft?md5=99337dbde932e23c6915
95e092644d4f&pid=3-s2.0-B9780128012383032013-main.pdf

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