David Abrams, Ray Niaura, David Sweanor and I have submitted comments on the draft tobacco and vaping legislation under discussion in South Africa. South Africa is always influential in low and middle income countries, especially in Africas, and is always an important player in WHO meetings.
The draft legislation is almost completely disproportionate in its approach to tobacco harm reduction technologies. It mostly treats reduced-risk products as though they are the same as smoking products. The alternative philosophy, which we advocate, is to adopt ‘risk proportionate regulation’ that encourages (or rather, does not inhibit) smokers from using vaping, novel nicotine products, heated tobacco or smokeless tobacco products to quit smoking.
Eighteen of us have written a detailed letter to Mr Frans Timmerman, the EU’s Commissioner for Better Regulation (amongst other things) drawing his attention to one of the worst regulations in the EU, the ban on oral tobacco, better known as snus. This ban is now facing challenge in the Court of Justice of the European Union (case C 151/17) by a producer, Swedish Match, and the consumer group, New Nicotine Alliance (see NNA background on the case).
The government of Taiwan has been consulting on amendment its Tobacco Hazards Prevention and Control Act. Article 14 of the amendment bill bans the manufacture, import, sale, and display of e-cigarettes (unless authorised as a pharmaceutical product). See newspaper coverage. The original Taiwan Chinese language bill is available online and a vendor has produced a summary in English.
See my full response here (PDF) and the summary below
Obviously, I strongly advise against this measure. E-cigarettes present an important strategy to reduce the harm caused by smoking and offer a way to achieve rapid reductions in smoking through market-based means. There is no evidence anywhere in the world that e-cigarettes add to harms associated with smoking.
On 17 November 2016, the Iowa Attorney General, Tom Miller, gave a speech at the E-cigarette Summit 2016 (with biography) on e-cigarettes examining the claims of anti-vaping activists, and their scientific, ethical and legal basis. The full text of the speech is here: America Needs England (PDF). I reported an earlier speech here.
The speech should be widely read, especially in the United States. To facilitate an informed reading, I have reproduced the speech here, with some thematic subheadings, source links and illustrations [these are my additions].
Quite simply the best speech I have ever heard on tobacco and nicotine policy, science and ethics. From Tom Miller one of the architects or the United States Master Settlement Agreement and Chair of the Truth Initiative. A model of decency, humility and rigorous scientific reflection, in my opinion.
New Nicotine Alliance proposes that the forthcoming Great Repeal Act is used to repeal pointless, burdensome and restrictive EU regulation of e-cigarettes and to lift the illegal, unethical and anti-scientific ban on snus. This may be a ‘quick win’ from Brexit at the point of the departure of the UK from the EU. The government will need to show that there are at least some benefits.
The Great Repeal Act will not actually repeal that much of substance. It will mainly just convert the vast body of EU law that applies in the UK to domestic law. But there is scope for some crowd-pleasing repeals of especially poor regulation, of which the TPD provisions related to tobacco harm reduction are the most obvious candidate.
Good news confirmed today: Swedish Match, the main European snus manufacturer, will take legal action to overturn the European Union ban on snus -see Reuters 1 July 2016: Swedish Match to challenge EU snus ban in UK court. This ban is possibly the most absurd and harmful piece of legislation the European Union has ever concocted, and its demise is long overdue.
Fantastic to see the increasingly powerful UK vaping consumer voice tearing into poor policy and bad law that will do nothing but harm while meddling incompetently in the free choices of adults and free movement of goods. The Tobacco Products Directive (TPD) and its UK implementing regulations are truly dreadful.