Cigarette pack warnings

The government is to press ahead with standardised tobacco packaging

The government is “currently minded” to introduce legislation for standardised tobacco packs, health minister Jane Ellison told the House of Commons this morning.

This is despite the fact that a review by paediatrician Sir Cyril Chantler, also published today, could not conclusively prove that plain packs would cut the number of children who take up smoking. The Chantler review examined the success of measures in Australia, where plain packs were introduced in December 2012.

Ellison said today: “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.

“Even a modest impact on a major killer is important”

Jane Ellison MP

“Even a modest impact on a major killer is important.”

The Department of Health intends to publish draft regulations by the end of April ahead of a final consultation on the subject, which will include an impact assessment on the effect such a move would have on jobs in the tobacco industry. If a final decision was made to introduce plain packs, legislation would be put before Parliament before the general election next year, Ellison said.

The health minister was unable to say when plain packs would actually hit the shelves, saying there would be a transition period: “We haven’t decided what that period would be, but there would always be a sell-through period.”

Ellison added: “It is clear that smoking is a disease of adolescence and we know that across the UK, over 200,000 children aged between 11-15 start smoking every year.

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

Asked whether plain packs would encourage the illicit trade in tobacco, Ellison acknowledged the issue and urged the tobacco industry to make submissions to the final consultation before draft legislation is published.

The Chantler review was announced in November after the government was criticised for delaying a decision on plain packs the previous July.

In his report today, Sir Cyril stated: “Although I have not seen evidence that allows me to quantify the size of the likely impact of standardised packaging, I am satisfied that the body of evidence shows that standardised packaging, in conjunction with the current tobacco control regime, is very likely to lead to a modest but important reduction over time on the uptake and prevalence of smoking and thus have a positive impact on public health.”

‘Overwhelming evidence’

Labour’s shadow public health minister Luciana Berger welcomed the findings of the Chantler review but criticised the government for ordering another consultation: “There is an overwhelming body of evidence in favour of standardised packaging and there can be no excuse for further delay. How many more children are going to take up smoking before this government takes firm and decisive action?

“This is yet another example of how this government is caving in to vested interests and standing up for the wrong people.”

‘Unlawful’

But Daniel Torras, MD of Japan Tobacco International UK, said: “Nothing has changed since last summer when the Prime Minister said ’there isn’t yet sufficient evidence for it and there is considerable legal uncertainty about it’. The Chantler report explicitly 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.”

Torras 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.”

BAT said in a statement: “We support sound regulation that is consultative, evidence-based, delivers its policy aims and factors in potential unintended consequences providing it doesn’t infringe on our legal rights as a business.

“Given the evidence from Australia included in Sir Cyril’s report shows plain packaging has failed we don’t see how the UK government could justify implementing this policy.”