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Design of plain packaged cigarette packs
with updated and expanded graphic health warnings
Example of plain packaged cigarette packs
 with updated and expanded graphic health warnings
     Front of pack:              Back of pack:
Example of plain packaged cigarette packs
 with updated and expanded graphic health warnings
     Front of pack:              Back of pack:
Example of plain packaged cigarette packs
 with updated and expanded graphic health warnings
     Front of pack:              Back of pack:
Research to determine the
look of Australian plain
packs
Melanie Wakefield PhD, Cancer Council Victoria, Australia
Research approach

Department of Health & Ageing: Simon Cotterell, Kylie
Lindorff and other key staff
Expert Advisory Group
Prof Ron Borland         Mr Jonathan Liberman
Prof Mike Daube          Dr Caroline Miller
Prof Mark Davidson       Prof Andrew Mitchell
A/Prof David Hammond     Prof Melanie Wakefield
Prof Janet Hoek
GFK Blue Moon (fieldwork agency contracted by DoHA)
Overview of studies

     A series of iterative studies were conducted to determine:
     • Optimal colour for plain packaging;
     • Optimal font and font size for brand name;
     • Graphic health warning (GHW) size and layout
     Identify one plain packaging design (colour, font) that
     would minimise appeal and attractiveness, while
     maximising perceived harm and noticeability of health
     warnings
http://www.yourhealth.gov.au/internet/yourhealth/publishing.nsf/Content/mr-plainpack

    Selection of new health warnings subject to their own
    testing process
Study 2: pack colour shortlist
 Study     Objectives                  Methodology                    Timing

Study 2   To identify a   • Online study among (n=409) at least       13 - 23
          shortlist of      weekly smokers, aged 18-65 years         Dec 2010
          potential       • Rating task used Best-Worst
          plain             methodology with 8 pack colours
          packaging       • Smokers shown 4 pack images at a
          colours           time, select best and worst on each
                            dimension, then repeat with
                            different subset until all packs rated
Study 2

Shortlist of potential plain package colours
 • 8 colours tested
 • Darker colours perceived to be more harmful and more
   difficult to quit
 • Dark brown colour: perceived to be least appealing; the
   lowest quality cigarette; most harmful to health; hardest
   to quit
Study 3: readability test
 Study         Objectives           Methodology            Timing
 Study 3   To identify the        • Face-to-face           17-21
           optimal                  interviews of 10        Dec
           combination of           respondents aged ≥40   2010
           design elements          years
           (font size, font       • The test used
           colour) for legibility   ‘eyeboards’ - boards
           and ease of              with brand names in
           identification           decreasing font size
           amongst potential • Also used mock up
           retailers                packs with brand
                                    names in different
                                    font sizes
Study 3

Readability of fonts for potential retailers
 • Test used Dark Brown and Mustard colours from Study 2
 • Tested smallest font able to be read at 1 metre distance
 • Size 14 Arial or Lucida Sans font style
 • BUT some favourable comments about Dark Brown colour
   (“chocolate”) and unfavourable about Mustard (“sickly”) when
   viewed in the flesh
Study 4: online “Face-off”
Study      Objectives           Methodology            Timing


Study 4   To shortlist   • ‘Face-off’ between Dark     19 Dec
          plain            Brown and Mustard          2010 –26
          packaging      • Online survey among 455    Jan 2011
          colours that     at least weekly smokers
          minimise         aged 18-64 years
          brand impact   • Best-Worst methodology,
                           with 5 common Australian
                           brand names covering the
                           three main market
                           segments
                         • Used two existing health
                           warnings
Study 4
Consumer perceptions of Dark Brown vs Mustard
 • Dark Brown - most reported seeing “Dark Olive” colour on
   screen
 • Mustard - half reported seeing „gold‟…viewed as „striking‟,
   „prestigious‟, similar to premium brands B&H, Dunhill
 • Dark Brown colour - rated as less appealing, most harm,
   lower quality, want to smoke them less, with similar results
   across all 5 brands tested
 • Noticeability of GHWs: darker colour did not detract from
   noticeability of GHW
Study 5a: face-to-face, new HW size
Study         Objectives               Methodology            Timing

Study 5   To identify the      • 20 face-to-face group clinics  14 –
 (face-   optimal plain          involving a self-completion   22 Feb
   to-    packaging designs      questionnaire and short group  2011
  face)   in combination with    discussion among 193 at least
          the new front of       weekly smokers aged 16-64
          pack graphic health    years
          warnings:            • Tested 3 different shades of
                                 brown-olive background colour
          Identify exact shade   and 3 different HW sizes
          of plain pack colour • Used mocked-up pack
                                 protoypes
          Identify optimal new • Best-Worst comparisons, pack
          GHW size               ratings and qualitative
                                 comments
Study 5a: Face-to-Face, new HW size

Mocked up versions of Dark Brown, Dark Olive (matching
online perception), and Medium Olive with 30%, 60% or
75% GHW
 • All three colours perceived as unappealing; Dark Olive more so
 • Dark Olive had no positive associations: “death”, “dirty”, “tar”
 • Dark Brown some positive associations: “classy”, “rich”,
   “chocolate”, “upmarket”
 • 75% GHW had significantly stronger impact than 30%
Study 5b: online, new HWs placement
 Study         Objectives               Methodology           Timing
Study 5 To identify the optimal • Online survey among          18 – 23
(online) plain packaging designs    409 at least weekly       Feb 2011
         in combination with the    smokers aged 18-64
         new front of pack        • Used pack images in
         GHWs                       Dark Olive colour for
                                    each of 2 HWs – ‘lung
         Identify GHW size and      cancer‘ and ‘smoking
         placement to maximise      harms unborn babies’
         noticeability and impact • Individual pack ratings
                                    and Best-Worst ratings
Study 5b: Online
Identify GHW size and layout to maximise noticeability and
impact
  • 4 packs using the Dark Olive colour for 2 HWs
  • 30%, 60%, 75% and split 60%
  • 75% had highest noticeability and strongest “stop and think”
    impact
  • Split 60% warning no better than 30%
Study 6
  Study          Objectives            Methodology         Timing
 Study 6    To identify the        Online survey among     18 – 23
 (online)   optimal                (n=205) at least        March
            plain packaging        weekly smokers aged      2011
            designs                18-64 years
            in combination with
            the                    As for Study 5 online
            new front of pack
            GHWs:

            Rate the 75% split
            design against other
            options
Study 6: Online
Compare 75% to split 75% GHW
 • Non-split 75% GHW was more noticeable and had highest impact
Australian plain packs
• Dark Olive colour
• Brand name 14 point Lucida Sans font
• 75% non-split GHW




Full report (and report on testing of other tobacco products) at:
http://www.yourhealth.gov.au/internet/yourhealth/publishing.nsf/Content/
mr-plainpack
PLAIN PACKAGING IN AUSTRALIA –
         KEY FACTORS



     Slide acknowledgements: R. Moodie,
     S. Chapman, M. Scollo, B. Freeman,
    M. Swanson, D. Sullivan, F. Sharkie, O.
   Freedman, L. Sylvan and the people who
         make slides for Todd Harper.
•   Historical context
•   National Preventative Health Taskforce
•   The political context
•   Two episodes
•   What made the difference
OVERNIGHT SUCCESS COMES SLOWLY

EVIDENCE
1950 - Doll and Hill (BMJ), Wynder and Graham
(JAMA)
1962 – Royal College of Physicians
1964 – US Surgeon General
ACTION RECOMMENDATIONS
1976 – UICC – Guidelines for Smoking Control
1977 – RCP – 3rd report
1979 – WHO – Controlling the Smoking Epidemic
TOBACCO CONTROL AUSTRALIA in 2008 – Over-
  simplified summary (Note - mix of Federal and State
                       activity)
Tobacco advertising bans since late 80s/early 90s
Health warnings since 1973, increasing strength every decade – 1973,
1987, 1995, 2006
Continuing State legislation/action (leapfrog effect)
Bans on point-of-sale promotion
Strong measures to protect non-smokers – cars around kids, bars and
restaurants, other public places (including some beaches)
National and State media campaigns
Strong, cohesive advocacy organisations, individuals, coalitions –
Cancer, Heart, AMA, AMA, ASH, ACOSH, PHAA – and many others
Continuing new approaches to media and media coverage
Cessation support – NRT, Quitlines, etc

(Industry last 10 – 15 years – much lobbying and working through
others but staying below parapet )
WHERE NEXT?
New Government 2008 –
       policies on prevention
“(The Government)….. “will treat preventative health care
   as a first order economic challenge because failure to do
   so results in a long term negative impact on workforce
   participation, productivity growth and the impact on the
   overall health budget”.

 Prime Minister Kevin Rudd, June 2008

 Appointed Health Minister – Hon Nicola Roxon MP
New Government 2008
• Commitment to Prevention

• Three major health reviews: Healthy
  system and hospitals; Primary Care;
  National Preventative Health Taskforce
Chair:                   Members:
Professor Rob Moodie     Professor Paul Zimmet
                         Professor Leonie Segal
                         Dr Lyn Roberts
Deputy Chair:
                         Mr Shaun Larkin
Professor Mike Daube     Ms Kate Carnell
                         Dr Christine Connors
                         Dr Linda Selvey

  Task: Develop the National Preventative Health
   Strategy by June 2009.
  Focus on obesity, tobacco and
   excessive consumption of alcohol
To support the development of the Strategy, the Taskforce
established working groups for each of:


•      obesity (Chair – Dr. Lyn Roberts)
•      tobacco (Chair – Professor Mike Daube)
•      alcohol (Chair – Professor Rob Moodie)
Tobacco Committee: V. Briggs, S. Chapman, M. Daube, S.
Larkin, K. Purcell, L. Roberts, M. Scollo (writer), D. Sullivan,
M. Wakefield.
Overwhelming support from health groups
and community
PASSING THE SCREAM TEST

*       BATA submission to Taskforce

“BAT believes there is already a significant amount of regulation on tobacco
products and there may now be a risk of too much, with unintended
consequences of progressing further.”




*       Plain packaging/pack display – part of multi-focused Discussion
        Paper

*       Industry responses (BAT, Imperial, Philip Morris) – 43 out of 142
        pages
Report presented to Minister 30
          June 2009




                              15
• 2020 Targets
 Halt and reverse rise in overweight and obesity


Reduce daily smoking from 16.6%
 to 10.0% or less
 Reduce the proportion who drink at short term harm from
  20% to 14% and the proportion drinking at longer term
  harm from 10% to 7%

 Contribute to the ‘Close the Gap’ target for Indigenous
  people
Tobacco – Comprehensive approach
          11 components

PACKAGING

ACTION PROPOSED
REQUIRE ALL TOBACCO PRODUCTS
TO BE SOLD IN PLAIN PACKAGING, THE
EXACT APPEARANCE OF WHICH
(PRECISE COLOUR, PAPER FINISH,
SHAPE OF PACK ETC) COULD BE
PRESCRIBED IN REGULATIONS UNDER
THE TRADE PRACTICES ACT 1974.
COMMISSION RESEARCH TO
DETERMINE EXACTLY HOW PACKS
SHOULD BE DESIGNED TO MINIMISE
APPEAL TO YOUNG PEOPLE
Continuing research
•   Australia (Wakefield et al)
•   Canada (Hammond et al)
•   New Zealand (Hoek et al)
•   US (FDA et al)
•   UK (Various….)
Review in Addiction, 2008




                            21
WHO Framework Convention
   on Tobacco Control




                           22
Why Plain Packaging?
• Not a magic bullet
• Not in isolation – part of comprehensive
  approach
• Supports rest of program
• Research evidence
• Industry documents evidence
• Campaign, response and coverage
• Industry opposition – passes the Scream Test
• International implications
GOVERNMENT
• Release September 1st 2009

• Minister Roxon – “We are killing people by
  not acting”
Action On Tobacco After Report
Current/further developing national and state programs – dealing with
• loopholes in ad ban legislation;
• bans on any display at point of sale;
• further protection for non-smokers;
• media campaigns;
• specific education and support for disadvantaged groups; etc.
Action After Report on Tobacco - 2

Federal Government
Progressive Implementation of Taskforce
recommendations – includes:

• 25% increase tobacco excise duty
• Established Australian National Preventive Health
  Agency
• Major, continuing funding for tobacco media
• Tackling Indigenous Smoking Initiative (over $100m over
  four years)
• Cessation supports – NRT, Quitlines, etc.
• Ban internet advertising
APRIL 29, 2010
THE POLITICS
• Minority Government – needed support of 2 of 3 Independents in
  Lower House
• Majority in Senate, with strong support from Greens
• Opposition oppositional….Opposing everything
• Opposition Federally still taking tobacco donations (not Government
  or Greens)

• Industry lobbying heavily
• Tortuous Parliamentary processes

• Major, coordinated health lobbying campaign
• Aims – maintain support; secure and maintain independents’
  support; seek at least some Opposition members’ support; ideal all-
  party support.
The Political Scene
Countering the industry lobby – Simon
Chapman paper
REPUTATION INSTITUTE - Global Industry Results

   Consumer Products                                                                    73.8

Electrical & Electronics                                                               73.2

             Computer                                                           70.3

       Retail - General                                                         70.3

    Industrial Products                                                         70.2

          Retail - Food                                                         69.9

 Food - Manufacturing                                                          69.4

             Beverage                                                        68.0

            Automotive                                                       67.9

      Pharmaceuticals                                                   65.9

  Airlines & Aerospace                                                  65.8

              Services                                                65.0

  Information & Media                                                 64.4

         Conglomerate                                             64.1

            Chemicals                                             63.7

         Raw Materials                                            63.7

        Construction &…                                         62.6

 Transport & Logistics                                          62.6

 Financial - Diversified                                       61.9

  Financial - Insurance                                        61.6

                Energy                                    60.8

       Financial - Bank                                   60.5

  Telecommunications                                     59.8

                Utilities                               59.0                           Excellent/Top Tier above 80
                                                                                       Strong/Robust        70-79
              Tobacco                            50.1                                  Average/Moderate     60-69
                                                                                       Weak/Vulnerable      40-59
                                                                                       Poor/Lowest Tier     below 40
Public support very high

• April 2011: A survey of 4,500 Victorians
  showed very strong support.
• 72% of all people approve of the policy - and
  57% of smokers.




                                             32
Health Coalition
•   Government strong and active
•   Minister leading from front
•   Health Department strong backing
•   Major health groups and experts working nationally as cohesive
    coalition
•   Cancer Councils, Heart Foundation, Australian Medical Association,
    QUIT campaigns, ASH, ACOSH, Public Health Association, and
    other health organisations
•   Prominent experts (Simon who?), health/medical leaders
•   Media, media, media - Proactive, reactive
•   Responding to industry campaigns, exposing industry tactics,
    research, reports, surveys, advertisements…
•   Active support from politicians of all parties
•   Lobbying, lobbying, lobbying – all parties, all members
Two Episodes
Midnight Emails
Opposition Leader Tony Abbott has said he would support any move to curb smoking
rates, but he has refused to back the government's proposal. ''My anxiety with this
[plain packaging proposal] is that it may end up being counterproductive in practice,''
he said.

But Liberal MP Mal Washer broke ranks with his leader when contacted by The
Sunday Age last week. Dr Washer, who spent 26 years as a medical practitioner
before moving into federal politics, gave a blunt assessment of the tobacco industry's
strategy.

''All this talk of chop chop and crime gangs sounds like bullshit to me. The tobacco
industry is jumping up and down because they're worried about their businesses. I
support these reforms unequivocally and whatever my party decides to do, I don't give
a shit,'' Dr Washer said.

He said smoking killed about 19,000 Australians each year, and governments had a
moral responsibility to implement any measure that could stop young people from
taking up the habit


The Age, May 22, 2011
WHAT MADE THE
            DIFFERENCE? - 1
• Government that understood prevention

• Recognition of population approach

• Superb Minister – willing to take on industry

• Department with strong support: can-do public servants

• Context – history; comprehensive approach; PP as next
  stage
WHAT MADE THE
            DIFFERENCE? - 2
• Good process

• Coalition – key health organisations and individuals -
  experienced, collegial, creative, planned, opportunistic

• Sound science and scientists

• Strong bureaucratic backing
WHAT MADE THE
           DIFFERENCE? - 3

• Media

• Public opinion

• International support

• Principled politicians
WHAT MADE THE
          DIFFERENCE? - 4
• Industry
     – credibility already gone
     - desperation evident (heads above parapet;
       dishonest tactics)
     - feeble/contradictory arguments
     - internationally controlled
     - evidently worried by global implications
     - weak in media
     - bullying governments
     - the louder they shout…..
Tobacco industry reaction to plain
packaging 2010-2011, Australia
What other nations can expect




                                                       Prof Simon Chapman
                                School of Public Health University of Sydney
                                                   Twitter: simonchapman6
Highly recommended




                     2
Main arguments (1) general

    never been done before … so don’t do it!
    “no evidence” it will work
    makes packs easier to counterfeit …
    illicit trade already massive: will get worse
    will force fierce price competition, lowering prices …
    more smokers, especially youth
    will confuse customers, staff, increase serving times
   “nanny state” running amok
    slippery slope: other products next?
    we can’t possibly comply in time: delay needed
Main arguments (2) legal


 Violates Australian constitution + WTO’s TRIPS
  (trade-related aspects of intellectual property rights)
  agreement
 Trade mark, intellectual property confiscation
 therefore large damages will be due




                                                            4
Argument 1: Never been done before .. therefore “no evidence”




Should we
never do
anything for
the first time?




                                                                   5
Other firsts in public health

 Other firsts
    Seat belts                      • “Great argument: it's never been
                                       done before, therefore you
    RBT                               shouldn't do it. This is the poor
                                       little stupid Australia
    Advertising bans                  argument. We should always
                                       merely follow the lead of other
    Vaccination                       countries because we're not
                                       smart enough to dream up
    Lead free petrol                  anything good ourselves.. But if
                                       the idea's so unlikely to. .
    Parachutes! (never any RCTs!)     work, why are the global
                                       giants fighting so hard to stop
    ...100s more examples             it? “ – journalist Ross Gittins
The Principle of the Dangerous Precedent



                  “Every public action which is
                  not customary either is
                  wrong, or if it is right it is a
                  dangerous precedent. It
                  follows that nothing should
                  ever be done for the first
                  time.”
                  Microcosmographia Academica
                                              (1908)
Our 3 most powerful arguments


1. Packaging =
   centrepiece of
   promotions: we are
   finishing the job of
   banning all advertising
2. It will have its greatest
   impact with the next
   generation by reducing
   uptake, not current
   smokers
3. If it “won’t work”, then
   why is the global
   tobacco industry having
   weapons’ grade
   apoplexy?


                                                    8
Argument 2: ““no evidence” (of any sort) that it will work




BAT advertisement               31 page dossier




                                                                         9
Best evidence found in industry sources




                                          10
Argument 3: it will make packs easier to counterfeit …


Current packs are
VERY easy to copy
already!




                                                                             11
12
Argt 4: Illicit trade will boom


16% (>1 in 6) of all tobacco
consumed = illicit.




                                                           13
Argument 4: Illicit trade will boom, prices will fall, more kids will
                   smoke




If prices fall, government can put up tax within 24hrs




                                                                          14
Argument 5: All packs “look the same”
                                 Shopkeeper & customer confusion


http://www.plain-packaging.com




                                                                         15
…but it may well decrease transaction times 




                                                16
Argument 6: Nanny state




                          17
Argument 7: Slippery slope … what’s next?




                   Advertising bans began in
                    1976 – 36 years ago!
                   The slope is not very slippery
                   No other product remotely
                    kills half its users
Argument 8: We need 17 months AFTER legislation to comply




                                                            19
Legal arguments: does it violate the Australian constitution?
TRIPS/World Trade Organisation
 The right given to a trademark owner under TRIPS is
  to prevent other people from using that trade mark.
 The plain packaging legislation does not permit other
  people to use the trade marks of the tobacco industry,
  so it does not contravene that right.
TRIPS/World Trade Organisation
• Article 20 provides that “the use of a trade mark in the
  course of trade shall not be unjustifiably encumbered
  by special requirements”.
• So is their use is “unjustifiably encumbered”?


• Article 8 TRIPS provides that countries may take
  measures “necessary for public health” provided they
  are consistent with the rest of the agreement.
Why does not…
 the liquor industry sue Islamic nations for
    prohibition?
   the asbestos industry sue governments for banning its
    use?
   Firearms manufacturers sue governments for gun
    control laws?
   the pharmaceutical industry sue governments for the
    gross restrictions on sale & advertising of prescribed
    pharmaceuticals?
   Exotic animals industry sue governments for
    quarantine laws?
Timeline: Philip Morris Hong Kong-Australian bilateral treaty

Date                   Event
29 April 2010          • Australian Government announces its decision to implement
                         plain packaging.
remainder of 2010      • Objections and complaints made by Philip Morris entities to
and early 2011           the effect that plain packaging would breach Australia’s
                         international trade and treaty obligations.
23 February 2011       • PMA purchases Philip Morris Australia.
27 June 2011           • PMA services Notice of Claim to the Australian Government.
21 November 2011       • Tobacco Plain Packaging Bill 2011 (Cth) passes Australian
                         Parliament.
                       • PMA submits Notice of Arbitration to the Australian
                         Government.
1 December 2011        • Legislation receives Royal Assent: Tobacco Plain Packaging Act
                         2011 (Cth)
21 December 2011       • Australian Government submits its response to the Notice of
                         Arbitration.
The hunt for the $3billion/year
      factoid


British
American
Tobacco




                                        25
Between 1999 and 2003 the average annual fall
in total dutied cigarettes was just 2.6%.
The most sales have ever fallen in one year was
just shy of 10% in 1999
Other industry tactics

 Established 3rd Party “independent” spokesgroups
 Right-wing shock-jocks enlisted
 Freedom of Information used for “fishing trips”
 BAT used Twitter & held a rare press conference




                                                     27
Comparison with packaging of prescribed pharmaceuticals




                                                          28
(then) Health Minister , Nicola Roxon,
at UN Summit on NCDs, 2011




                                         29

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L2 all au plain packaging

  • 1. Design of plain packaged cigarette packs with updated and expanded graphic health warnings
  • 2. Example of plain packaged cigarette packs with updated and expanded graphic health warnings Front of pack: Back of pack:
  • 3. Example of plain packaged cigarette packs with updated and expanded graphic health warnings Front of pack: Back of pack:
  • 4. Example of plain packaged cigarette packs with updated and expanded graphic health warnings Front of pack: Back of pack:
  • 5. Research to determine the look of Australian plain packs Melanie Wakefield PhD, Cancer Council Victoria, Australia
  • 6. Research approach Department of Health & Ageing: Simon Cotterell, Kylie Lindorff and other key staff Expert Advisory Group Prof Ron Borland Mr Jonathan Liberman Prof Mike Daube Dr Caroline Miller Prof Mark Davidson Prof Andrew Mitchell A/Prof David Hammond Prof Melanie Wakefield Prof Janet Hoek GFK Blue Moon (fieldwork agency contracted by DoHA)
  • 7. Overview of studies A series of iterative studies were conducted to determine: • Optimal colour for plain packaging; • Optimal font and font size for brand name; • Graphic health warning (GHW) size and layout Identify one plain packaging design (colour, font) that would minimise appeal and attractiveness, while maximising perceived harm and noticeability of health warnings http://www.yourhealth.gov.au/internet/yourhealth/publishing.nsf/Content/mr-plainpack Selection of new health warnings subject to their own testing process
  • 8. Study 2: pack colour shortlist Study Objectives Methodology Timing Study 2 To identify a • Online study among (n=409) at least 13 - 23 shortlist of weekly smokers, aged 18-65 years Dec 2010 potential • Rating task used Best-Worst plain methodology with 8 pack colours packaging • Smokers shown 4 pack images at a colours time, select best and worst on each dimension, then repeat with different subset until all packs rated
  • 9. Study 2 Shortlist of potential plain package colours • 8 colours tested • Darker colours perceived to be more harmful and more difficult to quit • Dark brown colour: perceived to be least appealing; the lowest quality cigarette; most harmful to health; hardest to quit
  • 10. Study 3: readability test Study Objectives Methodology Timing Study 3 To identify the • Face-to-face 17-21 optimal interviews of 10 Dec combination of respondents aged ≥40 2010 design elements years (font size, font • The test used colour) for legibility ‘eyeboards’ - boards and ease of with brand names in identification decreasing font size amongst potential • Also used mock up retailers packs with brand names in different font sizes
  • 11. Study 3 Readability of fonts for potential retailers • Test used Dark Brown and Mustard colours from Study 2 • Tested smallest font able to be read at 1 metre distance • Size 14 Arial or Lucida Sans font style • BUT some favourable comments about Dark Brown colour (“chocolate”) and unfavourable about Mustard (“sickly”) when viewed in the flesh
  • 12. Study 4: online “Face-off” Study Objectives Methodology Timing Study 4 To shortlist • ‘Face-off’ between Dark 19 Dec plain Brown and Mustard 2010 –26 packaging • Online survey among 455 Jan 2011 colours that at least weekly smokers minimise aged 18-64 years brand impact • Best-Worst methodology, with 5 common Australian brand names covering the three main market segments • Used two existing health warnings
  • 13. Study 4 Consumer perceptions of Dark Brown vs Mustard • Dark Brown - most reported seeing “Dark Olive” colour on screen • Mustard - half reported seeing „gold‟…viewed as „striking‟, „prestigious‟, similar to premium brands B&H, Dunhill • Dark Brown colour - rated as less appealing, most harm, lower quality, want to smoke them less, with similar results across all 5 brands tested • Noticeability of GHWs: darker colour did not detract from noticeability of GHW
  • 14. Study 5a: face-to-face, new HW size Study Objectives Methodology Timing Study 5 To identify the • 20 face-to-face group clinics 14 – (face- optimal plain involving a self-completion 22 Feb to- packaging designs questionnaire and short group 2011 face) in combination with discussion among 193 at least the new front of weekly smokers aged 16-64 pack graphic health years warnings: • Tested 3 different shades of brown-olive background colour Identify exact shade and 3 different HW sizes of plain pack colour • Used mocked-up pack protoypes Identify optimal new • Best-Worst comparisons, pack GHW size ratings and qualitative comments
  • 15. Study 5a: Face-to-Face, new HW size Mocked up versions of Dark Brown, Dark Olive (matching online perception), and Medium Olive with 30%, 60% or 75% GHW • All three colours perceived as unappealing; Dark Olive more so • Dark Olive had no positive associations: “death”, “dirty”, “tar” • Dark Brown some positive associations: “classy”, “rich”, “chocolate”, “upmarket” • 75% GHW had significantly stronger impact than 30%
  • 16. Study 5b: online, new HWs placement Study Objectives Methodology Timing Study 5 To identify the optimal • Online survey among 18 – 23 (online) plain packaging designs 409 at least weekly Feb 2011 in combination with the smokers aged 18-64 new front of pack • Used pack images in GHWs Dark Olive colour for each of 2 HWs – ‘lung Identify GHW size and cancer‘ and ‘smoking placement to maximise harms unborn babies’ noticeability and impact • Individual pack ratings and Best-Worst ratings
  • 17. Study 5b: Online Identify GHW size and layout to maximise noticeability and impact • 4 packs using the Dark Olive colour for 2 HWs • 30%, 60%, 75% and split 60% • 75% had highest noticeability and strongest “stop and think” impact • Split 60% warning no better than 30%
  • 18. Study 6 Study Objectives Methodology Timing Study 6 To identify the Online survey among 18 – 23 (online) optimal (n=205) at least March plain packaging weekly smokers aged 2011 designs 18-64 years in combination with the As for Study 5 online new front of pack GHWs: Rate the 75% split design against other options
  • 19. Study 6: Online Compare 75% to split 75% GHW • Non-split 75% GHW was more noticeable and had highest impact
  • 20. Australian plain packs • Dark Olive colour • Brand name 14 point Lucida Sans font • 75% non-split GHW Full report (and report on testing of other tobacco products) at: http://www.yourhealth.gov.au/internet/yourhealth/publishing.nsf/Content/ mr-plainpack
  • 21. PLAIN PACKAGING IN AUSTRALIA – KEY FACTORS Slide acknowledgements: R. Moodie, S. Chapman, M. Scollo, B. Freeman, M. Swanson, D. Sullivan, F. Sharkie, O. Freedman, L. Sylvan and the people who make slides for Todd Harper.
  • 22. Historical context • National Preventative Health Taskforce • The political context • Two episodes • What made the difference
  • 23. OVERNIGHT SUCCESS COMES SLOWLY EVIDENCE 1950 - Doll and Hill (BMJ), Wynder and Graham (JAMA) 1962 – Royal College of Physicians 1964 – US Surgeon General ACTION RECOMMENDATIONS 1976 – UICC – Guidelines for Smoking Control 1977 – RCP – 3rd report 1979 – WHO – Controlling the Smoking Epidemic
  • 24.
  • 25. TOBACCO CONTROL AUSTRALIA in 2008 – Over- simplified summary (Note - mix of Federal and State activity) Tobacco advertising bans since late 80s/early 90s Health warnings since 1973, increasing strength every decade – 1973, 1987, 1995, 2006 Continuing State legislation/action (leapfrog effect) Bans on point-of-sale promotion Strong measures to protect non-smokers – cars around kids, bars and restaurants, other public places (including some beaches) National and State media campaigns Strong, cohesive advocacy organisations, individuals, coalitions – Cancer, Heart, AMA, AMA, ASH, ACOSH, PHAA – and many others Continuing new approaches to media and media coverage Cessation support – NRT, Quitlines, etc (Industry last 10 – 15 years – much lobbying and working through others but staying below parapet )
  • 27. New Government 2008 – policies on prevention “(The Government)….. “will treat preventative health care as a first order economic challenge because failure to do so results in a long term negative impact on workforce participation, productivity growth and the impact on the overall health budget”. Prime Minister Kevin Rudd, June 2008 Appointed Health Minister – Hon Nicola Roxon MP
  • 28. New Government 2008 • Commitment to Prevention • Three major health reviews: Healthy system and hospitals; Primary Care; National Preventative Health Taskforce
  • 29. Chair: Members: Professor Rob Moodie Professor Paul Zimmet Professor Leonie Segal Dr Lyn Roberts Deputy Chair: Mr Shaun Larkin Professor Mike Daube Ms Kate Carnell Dr Christine Connors Dr Linda Selvey  Task: Develop the National Preventative Health Strategy by June 2009.  Focus on obesity, tobacco and excessive consumption of alcohol
  • 30. To support the development of the Strategy, the Taskforce established working groups for each of: • obesity (Chair – Dr. Lyn Roberts) • tobacco (Chair – Professor Mike Daube) • alcohol (Chair – Professor Rob Moodie) Tobacco Committee: V. Briggs, S. Chapman, M. Daube, S. Larkin, K. Purcell, L. Roberts, M. Scollo (writer), D. Sullivan, M. Wakefield.
  • 31.
  • 32. Overwhelming support from health groups and community
  • 33.
  • 34. PASSING THE SCREAM TEST * BATA submission to Taskforce “BAT believes there is already a significant amount of regulation on tobacco products and there may now be a risk of too much, with unintended consequences of progressing further.” * Plain packaging/pack display – part of multi-focused Discussion Paper * Industry responses (BAT, Imperial, Philip Morris) – 43 out of 142 pages
  • 35. Report presented to Minister 30 June 2009 15
  • 36. • 2020 Targets  Halt and reverse rise in overweight and obesity Reduce daily smoking from 16.6% to 10.0% or less  Reduce the proportion who drink at short term harm from 20% to 14% and the proportion drinking at longer term harm from 10% to 7%  Contribute to the ‘Close the Gap’ target for Indigenous people
  • 37. Tobacco – Comprehensive approach 11 components PACKAGING ACTION PROPOSED REQUIRE ALL TOBACCO PRODUCTS TO BE SOLD IN PLAIN PACKAGING, THE EXACT APPEARANCE OF WHICH (PRECISE COLOUR, PAPER FINISH, SHAPE OF PACK ETC) COULD BE PRESCRIBED IN REGULATIONS UNDER THE TRADE PRACTICES ACT 1974. COMMISSION RESEARCH TO DETERMINE EXACTLY HOW PACKS SHOULD BE DESIGNED TO MINIMISE APPEAL TO YOUNG PEOPLE
  • 38.
  • 39.
  • 40. Continuing research • Australia (Wakefield et al) • Canada (Hammond et al) • New Zealand (Hoek et al) • US (FDA et al) • UK (Various….)
  • 42. WHO Framework Convention on Tobacco Control 22
  • 43. Why Plain Packaging? • Not a magic bullet • Not in isolation – part of comprehensive approach • Supports rest of program • Research evidence • Industry documents evidence • Campaign, response and coverage • Industry opposition – passes the Scream Test • International implications
  • 44. GOVERNMENT • Release September 1st 2009 • Minister Roxon – “We are killing people by not acting”
  • 45. Action On Tobacco After Report Current/further developing national and state programs – dealing with • loopholes in ad ban legislation; • bans on any display at point of sale; • further protection for non-smokers; • media campaigns; • specific education and support for disadvantaged groups; etc.
  • 46. Action After Report on Tobacco - 2 Federal Government Progressive Implementation of Taskforce recommendations – includes: • 25% increase tobacco excise duty • Established Australian National Preventive Health Agency • Major, continuing funding for tobacco media • Tackling Indigenous Smoking Initiative (over $100m over four years) • Cessation supports – NRT, Quitlines, etc. • Ban internet advertising
  • 48.
  • 49. THE POLITICS • Minority Government – needed support of 2 of 3 Independents in Lower House • Majority in Senate, with strong support from Greens • Opposition oppositional….Opposing everything • Opposition Federally still taking tobacco donations (not Government or Greens) • Industry lobbying heavily • Tortuous Parliamentary processes • Major, coordinated health lobbying campaign • Aims – maintain support; secure and maintain independents’ support; seek at least some Opposition members’ support; ideal all- party support.
  • 50. The Political Scene Countering the industry lobby – Simon Chapman paper
  • 51. REPUTATION INSTITUTE - Global Industry Results Consumer Products 73.8 Electrical & Electronics 73.2 Computer 70.3 Retail - General 70.3 Industrial Products 70.2 Retail - Food 69.9 Food - Manufacturing 69.4 Beverage 68.0 Automotive 67.9 Pharmaceuticals 65.9 Airlines & Aerospace 65.8 Services 65.0 Information & Media 64.4 Conglomerate 64.1 Chemicals 63.7 Raw Materials 63.7 Construction &… 62.6 Transport & Logistics 62.6 Financial - Diversified 61.9 Financial - Insurance 61.6 Energy 60.8 Financial - Bank 60.5 Telecommunications 59.8 Utilities 59.0 Excellent/Top Tier above 80 Strong/Robust 70-79 Tobacco 50.1 Average/Moderate 60-69 Weak/Vulnerable 40-59 Poor/Lowest Tier below 40
  • 52. Public support very high • April 2011: A survey of 4,500 Victorians showed very strong support. • 72% of all people approve of the policy - and 57% of smokers. 32
  • 53. Health Coalition • Government strong and active • Minister leading from front • Health Department strong backing • Major health groups and experts working nationally as cohesive coalition • Cancer Councils, Heart Foundation, Australian Medical Association, QUIT campaigns, ASH, ACOSH, Public Health Association, and other health organisations • Prominent experts (Simon who?), health/medical leaders • Media, media, media - Proactive, reactive • Responding to industry campaigns, exposing industry tactics, research, reports, surveys, advertisements… • Active support from politicians of all parties • Lobbying, lobbying, lobbying – all parties, all members
  • 55.
  • 56.
  • 58.
  • 59.
  • 60.
  • 61.
  • 62.
  • 63.
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  • 65.
  • 66. Opposition Leader Tony Abbott has said he would support any move to curb smoking rates, but he has refused to back the government's proposal. ''My anxiety with this [plain packaging proposal] is that it may end up being counterproductive in practice,'' he said. But Liberal MP Mal Washer broke ranks with his leader when contacted by The Sunday Age last week. Dr Washer, who spent 26 years as a medical practitioner before moving into federal politics, gave a blunt assessment of the tobacco industry's strategy. ''All this talk of chop chop and crime gangs sounds like bullshit to me. The tobacco industry is jumping up and down because they're worried about their businesses. I support these reforms unequivocally and whatever my party decides to do, I don't give a shit,'' Dr Washer said. He said smoking killed about 19,000 Australians each year, and governments had a moral responsibility to implement any measure that could stop young people from taking up the habit The Age, May 22, 2011
  • 67.
  • 68. WHAT MADE THE DIFFERENCE? - 1 • Government that understood prevention • Recognition of population approach • Superb Minister – willing to take on industry • Department with strong support: can-do public servants • Context – history; comprehensive approach; PP as next stage
  • 69. WHAT MADE THE DIFFERENCE? - 2 • Good process • Coalition – key health organisations and individuals - experienced, collegial, creative, planned, opportunistic • Sound science and scientists • Strong bureaucratic backing
  • 70. WHAT MADE THE DIFFERENCE? - 3 • Media • Public opinion • International support • Principled politicians
  • 71. WHAT MADE THE DIFFERENCE? - 4 • Industry – credibility already gone - desperation evident (heads above parapet; dishonest tactics) - feeble/contradictory arguments - internationally controlled - evidently worried by global implications - weak in media - bullying governments - the louder they shout…..
  • 72.
  • 73.
  • 74. Tobacco industry reaction to plain packaging 2010-2011, Australia What other nations can expect Prof Simon Chapman School of Public Health University of Sydney Twitter: simonchapman6
  • 76. Main arguments (1) general  never been done before … so don’t do it!  “no evidence” it will work  makes packs easier to counterfeit …  illicit trade already massive: will get worse  will force fierce price competition, lowering prices … more smokers, especially youth  will confuse customers, staff, increase serving times  “nanny state” running amok  slippery slope: other products next?  we can’t possibly comply in time: delay needed
  • 77. Main arguments (2) legal  Violates Australian constitution + WTO’s TRIPS (trade-related aspects of intellectual property rights) agreement  Trade mark, intellectual property confiscation  therefore large damages will be due 4
  • 78. Argument 1: Never been done before .. therefore “no evidence” Should we never do anything for the first time? 5
  • 79. Other firsts in public health  Other firsts  Seat belts • “Great argument: it's never been done before, therefore you  RBT shouldn't do it. This is the poor little stupid Australia  Advertising bans argument. We should always merely follow the lead of other  Vaccination countries because we're not smart enough to dream up  Lead free petrol anything good ourselves.. But if the idea's so unlikely to. .  Parachutes! (never any RCTs!) work, why are the global giants fighting so hard to stop  ...100s more examples it? “ – journalist Ross Gittins
  • 80. The Principle of the Dangerous Precedent  “Every public action which is not customary either is wrong, or if it is right it is a dangerous precedent. It follows that nothing should ever be done for the first time.” Microcosmographia Academica (1908)
  • 81. Our 3 most powerful arguments 1. Packaging = centrepiece of promotions: we are finishing the job of banning all advertising 2. It will have its greatest impact with the next generation by reducing uptake, not current smokers 3. If it “won’t work”, then why is the global tobacco industry having weapons’ grade apoplexy? 8
  • 82. Argument 2: ““no evidence” (of any sort) that it will work BAT advertisement 31 page dossier 9
  • 83. Best evidence found in industry sources 10
  • 84. Argument 3: it will make packs easier to counterfeit … Current packs are VERY easy to copy already! 11
  • 85. 12
  • 86. Argt 4: Illicit trade will boom 16% (>1 in 6) of all tobacco consumed = illicit. 13
  • 87. Argument 4: Illicit trade will boom, prices will fall, more kids will smoke If prices fall, government can put up tax within 24hrs 14
  • 88. Argument 5: All packs “look the same” Shopkeeper & customer confusion http://www.plain-packaging.com 15
  • 89. …but it may well decrease transaction times  16
  • 90. Argument 6: Nanny state 17
  • 91. Argument 7: Slippery slope … what’s next?  Advertising bans began in 1976 – 36 years ago!  The slope is not very slippery  No other product remotely kills half its users
  • 92. Argument 8: We need 17 months AFTER legislation to comply 19
  • 93. Legal arguments: does it violate the Australian constitution?
  • 94. TRIPS/World Trade Organisation  The right given to a trademark owner under TRIPS is to prevent other people from using that trade mark.  The plain packaging legislation does not permit other people to use the trade marks of the tobacco industry, so it does not contravene that right.
  • 95. TRIPS/World Trade Organisation • Article 20 provides that “the use of a trade mark in the course of trade shall not be unjustifiably encumbered by special requirements”. • So is their use is “unjustifiably encumbered”? • Article 8 TRIPS provides that countries may take measures “necessary for public health” provided they are consistent with the rest of the agreement.
  • 96. Why does not…  the liquor industry sue Islamic nations for prohibition?  the asbestos industry sue governments for banning its use?  Firearms manufacturers sue governments for gun control laws?  the pharmaceutical industry sue governments for the gross restrictions on sale & advertising of prescribed pharmaceuticals?  Exotic animals industry sue governments for quarantine laws?
  • 97. Timeline: Philip Morris Hong Kong-Australian bilateral treaty Date Event 29 April 2010 • Australian Government announces its decision to implement plain packaging. remainder of 2010 • Objections and complaints made by Philip Morris entities to and early 2011 the effect that plain packaging would breach Australia’s international trade and treaty obligations. 23 February 2011 • PMA purchases Philip Morris Australia. 27 June 2011 • PMA services Notice of Claim to the Australian Government. 21 November 2011 • Tobacco Plain Packaging Bill 2011 (Cth) passes Australian Parliament. • PMA submits Notice of Arbitration to the Australian Government. 1 December 2011 • Legislation receives Royal Assent: Tobacco Plain Packaging Act 2011 (Cth) 21 December 2011 • Australian Government submits its response to the Notice of Arbitration.
  • 98. The hunt for the $3billion/year factoid British American Tobacco 25
  • 99. Between 1999 and 2003 the average annual fall in total dutied cigarettes was just 2.6%. The most sales have ever fallen in one year was just shy of 10% in 1999
  • 100. Other industry tactics  Established 3rd Party “independent” spokesgroups  Right-wing shock-jocks enlisted  Freedom of Information used for “fishing trips”  BAT used Twitter & held a rare press conference 27
  • 101. Comparison with packaging of prescribed pharmaceuticals 28
  • 102. (then) Health Minister , Nicola Roxon, at UN Summit on NCDs, 2011 29