European Initiatives
BMA response to the EU Directive on the manufacture, presentation
and sale of tobacco products
16 February 2000
Mr Tim Baxter
Team Leader, Tobacco Policy Unit
Department of Health
Wellington House
133-155 Waterloo Road
London SE1 8UG
16 February 2000
Our Ref: IO102
Dear Mr Baxter,
Thank you for your letter dated 20 January 2000 requesting comments
on the above proposal. While welcoming the proposal, the British
Medical Association feels that certain changes are necessary to
the Directive as drafted, if it is to be effective in correcting
current regulatory weaknesses and inconsistencies. We believe that
it is essential that the regulations of the Directive must apply
to all tobacco products sold and manufactured in the EU, as well
as to those manufactured in the EU for export. In particular, I
would like to draw your attention to the need to strengthen measures
that address the composition and presentation of the product.
Product composition
We believe that smokers should have access to accurate information
on the composition of the products that they use. Certain amendments
would improve matters in this respect.
- Accurate independent testing of product yields. Recent
evidence demonstrates that the testing systems used by European
regulatory authorities for ascertaining the levels of tar and
nicotine displayed on cigarette packs do not reflect the actual
amount absorbed by the consumer [Kessler DA. The control and manipulation
of nicotine in cigarettes. Tob Control 1994;3:362-69]. It is essential
that the Directive include a recital whereby accurate independent
monitoring procedures for product composition can be developed
and set in place. Such a protocol must require the revision of
regulations to take account of new evidence. Where public health
is concerned, there should be no obligation to respect trade secrecy,
and all results should be disclosed at 6-month intervals.
- Limits on tar, carbon monoxide and nicotine yields. We
support an upper limit of 10 mg for carbon monoxide, as well as
a maximum nicotine yield of 1 mg, as currently measured. However,
in view of the current debate regarding the relative benefits
of a tar-reduction strategy and the tar : nicotine ratio approach,
we recognise that a further reduction in tar yields may not be
appropriate at this time. Implementation of new limits on nicotine
and carbon monoxide should be brought forward to 31 December 2002.
- Disclosure of product composition. More than 600 substances
are authorised for use in tobacco products [Bates C, Connolly
GN, Jarvis M. Tobacco Additives. London: Action on Smoking and
Health and The Imperial Cancer Research Fund, 1999]. We support
the full disclosure of all the ingredients of the manufactured
tobacco products by brand as required by the Directive. Disclosure
of the use of genetically modified tobacco should also be required.
We cannot support the provision for trade secrecy as we believe
this to be a barrier to public health. In addition, we would like
to see the implementation date brought forward to 31 December
2001.
Product presentation
We believe that smokers should have access to accurate information
on the health effects of the products that they use, and on resources
that can help them stop smoking, should they wish to do so.
- An end to misleading branding and labelling. The Directive
will end branding and labelling that implies certain cigarettes
are healthier. Terms such as 'light', 'mild', and 'ultra-light'
are misleading to the consumer, and must be prohibited throughout
the EU. Brand names and product or pack designs that imply such
health benefits should also be forbidden under the Directive.
- Tar, nicotine and carbon monoxide yields. In view of
the evidence that the yields indicated on the package do not reflect
the dose absorbed by the smoker, we feel that it is misleading
to continue to quantity these on the pack. The Directive should
require that packs indicate that cigarette smoke contains tar,
nicotine and carbon monoxide, but should prohibit the inclusion
of quantitative yields using the discredited FTC/ISO system. This
panel should cover 30% of one side surface of the pack.
- Health warnings. The size of the warning labels should
be increased to a minimum of 50% of the package size, and their
position, print colour, border size etc. be specified graphically
in an addendum to the Directive. The list of health warnings should
include the option: 'Smoking causes male sexual impotence'. Rotation
of warnings should be required and its frequency defined. There
should be the possibility of adding additional health warnings
as appropriate.
- Information on stopping smoking. We believe that in view
of the addictive nature of tobacco, information on how to stop
smoking should be included on every pack. One possibility would
be the addition of a side panel with a Europe-wide Internet address
or telephone number giving access to local or national resources
that can help smokers to stop. This panel should cover 30% of
one side surface of the pack.
Finally, we urge the addition of a new article to the Directive,
requiring the inclusion of EU-wide tax-and duty-paid stamps and
identifying codes on cigarette packs as a measure to counter
tobacco smuggling. Sophisticated international tobacco smuggling
is an increasing problem within and beyond the EU, and effective
action must be undertaken to prevent this illegal trade that undermines
fiscal policies aimed at protecting public health.
We remain at your disposal for any further information that may
be required.
Yours sincerely,
M J Lowe
Deputy Secretary
British Medical Association
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