New Zealand s legal action against IQOS postponed, consultation with Big Tobacco follows
View Article PDF
With an ambitious goal of eradicating tobacco use by 2025,1 New Zealand is often considered a leader in tobacco control policy.2 The ‘tobacco endgame’ policy and tightening controls on the industry have wide public support.3–5 While a recent study concluded new measures are needed to achieve the goal of eradicating smoking by 2025,6 a society without cigarettes is now becoming a very real possibility.7–9
With the eventual phasing out of cigarettes a looming prospect, the tobacco industry in New Zealand, as elsewhere,10,11 is increasingly turning its attention to alternative nicotine and new tobacco products, including electronic nicotine delivery systems (ENDS) and ‘heat-not-burn’ (HNB) tobacco products. However, the legal status of these products, and the applicability of laws protecting the public from passive smoke, is uncertain.12,13 For example, e-cigarettes (ie, devices that heat liquid propylene glycol to create an inhalable aerosol with nicotine14) have been available in New Zealand since around 2007, despite nicotine being legally classified as a medicine.15 In March 2017, the Government announced that nicotine-containing e-cigarettes will be regulated as consumer products.16 On the other hand, other emerging products, including HNB tobacco are currently prohibited, as the Smoke-free Environments Act 1990 (s 29(2)) bans the importation and sale of tobacco products for oral use other than smoking.17
Despite the ban on new forms of tobacco, Philip Morris International launched its HNB tobacco product IQOS (I-Quit-Ordinary-Smoking) on the New Zealand market in December 2016.18 The IQOS device heats tobacco sticks (called Heets) at 350°C, lower than the combustion point of traditional cigarettes. The product is available in Japan, Canada and many European countries, and marketed as a “lower risk” alternative to cigarettes.19 Independent research on health risks from HNB products compared to traditional cigarettes has not confirmed this claim.13 While some studies indicate that HNB products maybe less harmful than traditional cigarettes,20,21 others established serious health risks linked to HNB use, including exposure to similar levels of many cancer-causing chemicals present in traditional cigarettes.12,22,23 Recent establishment of the Foundation for a Smoke-free World (with nearly one billion USD funding commitment from Philip Morris International)24 illustrates industry efforts to promote alternatives to traditional cigarettes on a global scale.25
In May 2017, the New Zealand Ministry of Health sued Philip Morris for importing and marketing IQOS on the grounds that it was prohibited under s 29(2) Smoke-free Environments Act 1990.26 The court hearing, initially scheduled in June 2017, was rescheduled for September.27 In the meantime, three meetings between Ministry of Health officials and industry representatives (British American Tobacco, Imperial Tobacco and Philip Morris) were held in quick succession (30 May–2 June) to “discuss regulation of new tobacco and nicotine-delivery products”.28 Subsequently, in August 2017, the government announced their plan to establish a pre-market approval system for smokeless tobacco products such as IQOS.29
The process through which the proposal to regulate HNB tobacco products emerged is alarming. Unlike the earlier proposal to regulate nicotine e-cigarettes, it has not been subject to similar public consultation. Also, the delay in enforcing legislation which currently prohibits sale of HNB products undermines the legitimacy of existing tobacco control laws. Finally, New Zealand is a Party to the Framework Convention on Tobacco Control and under art. 5.3 is legally obliged to protect tobacco control policy from commercial and other vested interests of the industry. While regulation of new nicotine and tobacco products may indeed support achievement of the ‘endgame’ goal (through offering potentially safer alternatives to smoking), major uncertainties remain as to the health risks and normalisation effects. Given that industry survival depends on these technologies, greater transparency is needed in the process of designing regulations for the new products.
Summary
Abstract
Aim
Method
Results
Conclusion
Author Information
Acknowledgements
Correspondence
Correspondence Email
Competing Interests
- New Zealand Government. Government Response to the Report of the Māori Affairs Committee on its Inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Māori. 2011. Available from: http://www.parliament.nz/resource/en-NZ/49DBHOH_PAP21175_1/9f015010d386fe11050cddfbb468c2a3f5b0cb89 (accessed 20 September 2017).
- Studlar DT. Tobacco Control Policy Instruments in a Shrinking World: How Much Policy Learning? International Journal of Public Administration 2006; 29:367–96.
- Edwards R, Wilson N, Peace J, et al. Support for a tobacco endgame and increased regulation of the tobacco industry among New Zealand smokers: results from a National Survey. Tobacco Control 2012.
- Hoek J, Gendall P, Maubach N, et al. Strong public support for plain packaging of tobacco products. Australian and New Zealand Journal of Public Health 2012; 36:405–7.
- Jaine R, Healey B, Edwards R, et al. How adolescents view the tobacco endgame and tobacco control measures: trends and associations in support among 14–15 year olds. Tobacco Control 2014.
- van der Deen FS, Wilson N, Cleghorn CL, et al. Impact of five tobacco endgame strategies on future smoking prevalence, population health and health system costs: two modelling studies to inform the tobacco endgame. Tobacco Control 2017.
- Thomson G, Edwards R, Wilson N, et al. What are the elements of the tobacco endgame? Tobacco Control 2012; 21:293–5.
- Malone RE. The Race to a Tobacco Endgame. Tobacco Control 2016; 25:607–8.
- Beaglehole R, Bonita R, Yach D, et al. A tobacco-free world: a call to action to phase out the sale of tobacco products by 2040. The Lancet 385:1011–8.
- Gilmore AB. Understanding the vector in order to plan effective tobacco control policies: an analysis of contemporary tobacco industry materials. Tobacco Control 2012; 21:119–26.
- Aguinaga Bialous S, Peeters S. A brief overview of the tobacco industry in the last 20 years. Tobacco Control 2012; 21:92–4.
- Auer R, Concha-Lozano N, Jacot-Sadowski I, et al. Heat-not-burn tobacco cigarettes: Smoke by any other name. JAMA Internal Medicine 2017; 177:1050–2.
- Caputi TL. Industry watch: heat-not-burn tobacco products are about to reach their boiling point. Tobacco Control 2017; 26:609–10.
- Kennedy RD, Awopegba A, De León E, et al. Global approaches to regulating electronic cigarettes. Tobacco Control 2016.
- Laugesen M. Nicotine and toxicant yield ratings of electronic cigarette brands in New Zealand. New Zealand Medical Journal 2015; 128.
- MOH. E-cigarettes to be regulated as consumer products (29 March 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/e-cigarettes Archived by WebCite at: http://www.webcitation.org/6swXcMUct (Accessed 10 May 2017).
- MOH. ‘Heat not burn’ tobacco products. 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products/heat-not-burn-tobacco-products Archived by WebCite: http://www.webcitation.org/6sv3a32M0 (Accessed 10 May 2017).
- New Zealand Herald. New high-tech tobacco product Iqos is illegal (2 February 2017). 2017. Available at: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11793233 (Accessed 14 April 2017).
- PMI. Tobacco Meets Technology. no date. Available at: http://www.pmi.com/smoke-free-products/iqos-our-tobacco-heating-system Archived by WebCite at: http://www.webcitation.org/6swdh1LfB (Accessed 10 September 2017).
- Lüdicke F, Baker G, Magnette J, et al. Reduced Exposure to Harmful and Potentially Harmful Smoke Constituents With the Tobacco Heating System 2.1. Nicotine & Tobacco Research 2017; 19:168–75.
- Titz B, Boué S, Phillips B, et al. Effects of Cigarette Smoke, Cessation, and Switching to Two Heat-Not-Burn Tobacco Products on Lung Lipid Metabolism in C57BL/6 and Apoe(−/−) Mice—An Integrative Systems Toxicology Analysis. Toxicological Sciences 2016; 149:441–57.
- O’Connell G, Wilkinson P, Burseg KM, et al. Heated Tobacco Products Create Side-Stream Emissions: Implications for Regulation. Journal of Environmental Analytical Chemistry 2015; 2:2380–91.
- Forster M, Liu C, Duke MG, et al. An experimental method to study emissions from heated tobacco between 100–200°C. Chemistry Central Journal 2015; 9:20.
- Foundation for a Smoke-free World (launched 13 September 2017). 2017. Available at: http://www.smoke-freeworld.org/about-us (Accessed 20 September 2017).
- Yach D. Foundation for a smoke-free world. The Lancet 390:1807–10.
- Elder V. Ministry takes Philip Morris to court (19 May 2017). Otago Daily Times [serial on the Internet]. 2017. Available from: http://www.odt.co.nz/news/national/ministry-takes-philip-morris-court Archived by WebCite at: http://www.webcitation.org/6ss99oz6I (accessed 24 May 2017).
- Philip Morris ‘tobacco sticks’ court prosecution postponed. (2 June 2017) 2017. Available from: http://www.stuff.co.nz/business/industries/93268568/Philip-Morris-tobacco-sticks-court-prosecution-postponed Archived by WebCite at: http://www.webcitation.org/6ss9TUi7I (accessed 10 June 2017).
- Ministry of Health. Meetings with tobacco industry representatives. 2017. Available from: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/who-framework-convention-tobacco-control/meetings-tobacco-industry-representatives Archived by WebCite at: http://www.webcitation.org/6ssCnTH6l (accessed 10 June 2017).
- MOH. Government to establish pre-market approval system for smokeless tobacco and nicotine-delivery products (other than e-cigarettes) (2 August 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products Archived by WebCite at: http://www.webcitation.org/6swZsnKwA (Accessed 20 August 2017).
For the PDF of this article,
contact nzmj@nzma.org.nz
New Zealand s legal action against IQOS postponed, consultation with Big Tobacco follows
View Article PDF
With an ambitious goal of eradicating tobacco use by 2025,1 New Zealand is often considered a leader in tobacco control policy.2 The ‘tobacco endgame’ policy and tightening controls on the industry have wide public support.3–5 While a recent study concluded new measures are needed to achieve the goal of eradicating smoking by 2025,6 a society without cigarettes is now becoming a very real possibility.7–9
With the eventual phasing out of cigarettes a looming prospect, the tobacco industry in New Zealand, as elsewhere,10,11 is increasingly turning its attention to alternative nicotine and new tobacco products, including electronic nicotine delivery systems (ENDS) and ‘heat-not-burn’ (HNB) tobacco products. However, the legal status of these products, and the applicability of laws protecting the public from passive smoke, is uncertain.12,13 For example, e-cigarettes (ie, devices that heat liquid propylene glycol to create an inhalable aerosol with nicotine14) have been available in New Zealand since around 2007, despite nicotine being legally classified as a medicine.15 In March 2017, the Government announced that nicotine-containing e-cigarettes will be regulated as consumer products.16 On the other hand, other emerging products, including HNB tobacco are currently prohibited, as the Smoke-free Environments Act 1990 (s 29(2)) bans the importation and sale of tobacco products for oral use other than smoking.17
Despite the ban on new forms of tobacco, Philip Morris International launched its HNB tobacco product IQOS (I-Quit-Ordinary-Smoking) on the New Zealand market in December 2016.18 The IQOS device heats tobacco sticks (called Heets) at 350°C, lower than the combustion point of traditional cigarettes. The product is available in Japan, Canada and many European countries, and marketed as a “lower risk” alternative to cigarettes.19 Independent research on health risks from HNB products compared to traditional cigarettes has not confirmed this claim.13 While some studies indicate that HNB products maybe less harmful than traditional cigarettes,20,21 others established serious health risks linked to HNB use, including exposure to similar levels of many cancer-causing chemicals present in traditional cigarettes.12,22,23 Recent establishment of the Foundation for a Smoke-free World (with nearly one billion USD funding commitment from Philip Morris International)24 illustrates industry efforts to promote alternatives to traditional cigarettes on a global scale.25
In May 2017, the New Zealand Ministry of Health sued Philip Morris for importing and marketing IQOS on the grounds that it was prohibited under s 29(2) Smoke-free Environments Act 1990.26 The court hearing, initially scheduled in June 2017, was rescheduled for September.27 In the meantime, three meetings between Ministry of Health officials and industry representatives (British American Tobacco, Imperial Tobacco and Philip Morris) were held in quick succession (30 May–2 June) to “discuss regulation of new tobacco and nicotine-delivery products”.28 Subsequently, in August 2017, the government announced their plan to establish a pre-market approval system for smokeless tobacco products such as IQOS.29
The process through which the proposal to regulate HNB tobacco products emerged is alarming. Unlike the earlier proposal to regulate nicotine e-cigarettes, it has not been subject to similar public consultation. Also, the delay in enforcing legislation which currently prohibits sale of HNB products undermines the legitimacy of existing tobacco control laws. Finally, New Zealand is a Party to the Framework Convention on Tobacco Control and under art. 5.3 is legally obliged to protect tobacco control policy from commercial and other vested interests of the industry. While regulation of new nicotine and tobacco products may indeed support achievement of the ‘endgame’ goal (through offering potentially safer alternatives to smoking), major uncertainties remain as to the health risks and normalisation effects. Given that industry survival depends on these technologies, greater transparency is needed in the process of designing regulations for the new products.
Summary
Abstract
Aim
Method
Results
Conclusion
Author Information
Acknowledgements
Correspondence
Correspondence Email
Competing Interests
- New Zealand Government. Government Response to the Report of the Māori Affairs Committee on its Inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Māori. 2011. Available from: http://www.parliament.nz/resource/en-NZ/49DBHOH_PAP21175_1/9f015010d386fe11050cddfbb468c2a3f5b0cb89 (accessed 20 September 2017).
- Studlar DT. Tobacco Control Policy Instruments in a Shrinking World: How Much Policy Learning? International Journal of Public Administration 2006; 29:367–96.
- Edwards R, Wilson N, Peace J, et al. Support for a tobacco endgame and increased regulation of the tobacco industry among New Zealand smokers: results from a National Survey. Tobacco Control 2012.
- Hoek J, Gendall P, Maubach N, et al. Strong public support for plain packaging of tobacco products. Australian and New Zealand Journal of Public Health 2012; 36:405–7.
- Jaine R, Healey B, Edwards R, et al. How adolescents view the tobacco endgame and tobacco control measures: trends and associations in support among 14–15 year olds. Tobacco Control 2014.
- van der Deen FS, Wilson N, Cleghorn CL, et al. Impact of five tobacco endgame strategies on future smoking prevalence, population health and health system costs: two modelling studies to inform the tobacco endgame. Tobacco Control 2017.
- Thomson G, Edwards R, Wilson N, et al. What are the elements of the tobacco endgame? Tobacco Control 2012; 21:293–5.
- Malone RE. The Race to a Tobacco Endgame. Tobacco Control 2016; 25:607–8.
- Beaglehole R, Bonita R, Yach D, et al. A tobacco-free world: a call to action to phase out the sale of tobacco products by 2040. The Lancet 385:1011–8.
- Gilmore AB. Understanding the vector in order to plan effective tobacco control policies: an analysis of contemporary tobacco industry materials. Tobacco Control 2012; 21:119–26.
- Aguinaga Bialous S, Peeters S. A brief overview of the tobacco industry in the last 20 years. Tobacco Control 2012; 21:92–4.
- Auer R, Concha-Lozano N, Jacot-Sadowski I, et al. Heat-not-burn tobacco cigarettes: Smoke by any other name. JAMA Internal Medicine 2017; 177:1050–2.
- Caputi TL. Industry watch: heat-not-burn tobacco products are about to reach their boiling point. Tobacco Control 2017; 26:609–10.
- Kennedy RD, Awopegba A, De León E, et al. Global approaches to regulating electronic cigarettes. Tobacco Control 2016.
- Laugesen M. Nicotine and toxicant yield ratings of electronic cigarette brands in New Zealand. New Zealand Medical Journal 2015; 128.
- MOH. E-cigarettes to be regulated as consumer products (29 March 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/e-cigarettes Archived by WebCite at: http://www.webcitation.org/6swXcMUct (Accessed 10 May 2017).
- MOH. ‘Heat not burn’ tobacco products. 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products/heat-not-burn-tobacco-products Archived by WebCite: http://www.webcitation.org/6sv3a32M0 (Accessed 10 May 2017).
- New Zealand Herald. New high-tech tobacco product Iqos is illegal (2 February 2017). 2017. Available at: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11793233 (Accessed 14 April 2017).
- PMI. Tobacco Meets Technology. no date. Available at: http://www.pmi.com/smoke-free-products/iqos-our-tobacco-heating-system Archived by WebCite at: http://www.webcitation.org/6swdh1LfB (Accessed 10 September 2017).
- Lüdicke F, Baker G, Magnette J, et al. Reduced Exposure to Harmful and Potentially Harmful Smoke Constituents With the Tobacco Heating System 2.1. Nicotine & Tobacco Research 2017; 19:168–75.
- Titz B, Boué S, Phillips B, et al. Effects of Cigarette Smoke, Cessation, and Switching to Two Heat-Not-Burn Tobacco Products on Lung Lipid Metabolism in C57BL/6 and Apoe(−/−) Mice—An Integrative Systems Toxicology Analysis. Toxicological Sciences 2016; 149:441–57.
- O’Connell G, Wilkinson P, Burseg KM, et al. Heated Tobacco Products Create Side-Stream Emissions: Implications for Regulation. Journal of Environmental Analytical Chemistry 2015; 2:2380–91.
- Forster M, Liu C, Duke MG, et al. An experimental method to study emissions from heated tobacco between 100–200°C. Chemistry Central Journal 2015; 9:20.
- Foundation for a Smoke-free World (launched 13 September 2017). 2017. Available at: http://www.smoke-freeworld.org/about-us (Accessed 20 September 2017).
- Yach D. Foundation for a smoke-free world. The Lancet 390:1807–10.
- Elder V. Ministry takes Philip Morris to court (19 May 2017). Otago Daily Times [serial on the Internet]. 2017. Available from: http://www.odt.co.nz/news/national/ministry-takes-philip-morris-court Archived by WebCite at: http://www.webcitation.org/6ss99oz6I (accessed 24 May 2017).
- Philip Morris ‘tobacco sticks’ court prosecution postponed. (2 June 2017) 2017. Available from: http://www.stuff.co.nz/business/industries/93268568/Philip-Morris-tobacco-sticks-court-prosecution-postponed Archived by WebCite at: http://www.webcitation.org/6ss9TUi7I (accessed 10 June 2017).
- Ministry of Health. Meetings with tobacco industry representatives. 2017. Available from: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/who-framework-convention-tobacco-control/meetings-tobacco-industry-representatives Archived by WebCite at: http://www.webcitation.org/6ssCnTH6l (accessed 10 June 2017).
- MOH. Government to establish pre-market approval system for smokeless tobacco and nicotine-delivery products (other than e-cigarettes) (2 August 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products Archived by WebCite at: http://www.webcitation.org/6swZsnKwA (Accessed 20 August 2017).
For the PDF of this article,
contact nzmj@nzma.org.nz
New Zealand s legal action against IQOS postponed, consultation with Big Tobacco follows
View Article PDF
With an ambitious goal of eradicating tobacco use by 2025,1 New Zealand is often considered a leader in tobacco control policy.2 The ‘tobacco endgame’ policy and tightening controls on the industry have wide public support.3–5 While a recent study concluded new measures are needed to achieve the goal of eradicating smoking by 2025,6 a society without cigarettes is now becoming a very real possibility.7–9
With the eventual phasing out of cigarettes a looming prospect, the tobacco industry in New Zealand, as elsewhere,10,11 is increasingly turning its attention to alternative nicotine and new tobacco products, including electronic nicotine delivery systems (ENDS) and ‘heat-not-burn’ (HNB) tobacco products. However, the legal status of these products, and the applicability of laws protecting the public from passive smoke, is uncertain.12,13 For example, e-cigarettes (ie, devices that heat liquid propylene glycol to create an inhalable aerosol with nicotine14) have been available in New Zealand since around 2007, despite nicotine being legally classified as a medicine.15 In March 2017, the Government announced that nicotine-containing e-cigarettes will be regulated as consumer products.16 On the other hand, other emerging products, including HNB tobacco are currently prohibited, as the Smoke-free Environments Act 1990 (s 29(2)) bans the importation and sale of tobacco products for oral use other than smoking.17
Despite the ban on new forms of tobacco, Philip Morris International launched its HNB tobacco product IQOS (I-Quit-Ordinary-Smoking) on the New Zealand market in December 2016.18 The IQOS device heats tobacco sticks (called Heets) at 350°C, lower than the combustion point of traditional cigarettes. The product is available in Japan, Canada and many European countries, and marketed as a “lower risk” alternative to cigarettes.19 Independent research on health risks from HNB products compared to traditional cigarettes has not confirmed this claim.13 While some studies indicate that HNB products maybe less harmful than traditional cigarettes,20,21 others established serious health risks linked to HNB use, including exposure to similar levels of many cancer-causing chemicals present in traditional cigarettes.12,22,23 Recent establishment of the Foundation for a Smoke-free World (with nearly one billion USD funding commitment from Philip Morris International)24 illustrates industry efforts to promote alternatives to traditional cigarettes on a global scale.25
In May 2017, the New Zealand Ministry of Health sued Philip Morris for importing and marketing IQOS on the grounds that it was prohibited under s 29(2) Smoke-free Environments Act 1990.26 The court hearing, initially scheduled in June 2017, was rescheduled for September.27 In the meantime, three meetings between Ministry of Health officials and industry representatives (British American Tobacco, Imperial Tobacco and Philip Morris) were held in quick succession (30 May–2 June) to “discuss regulation of new tobacco and nicotine-delivery products”.28 Subsequently, in August 2017, the government announced their plan to establish a pre-market approval system for smokeless tobacco products such as IQOS.29
The process through which the proposal to regulate HNB tobacco products emerged is alarming. Unlike the earlier proposal to regulate nicotine e-cigarettes, it has not been subject to similar public consultation. Also, the delay in enforcing legislation which currently prohibits sale of HNB products undermines the legitimacy of existing tobacco control laws. Finally, New Zealand is a Party to the Framework Convention on Tobacco Control and under art. 5.3 is legally obliged to protect tobacco control policy from commercial and other vested interests of the industry. While regulation of new nicotine and tobacco products may indeed support achievement of the ‘endgame’ goal (through offering potentially safer alternatives to smoking), major uncertainties remain as to the health risks and normalisation effects. Given that industry survival depends on these technologies, greater transparency is needed in the process of designing regulations for the new products.
Summary
Abstract
Aim
Method
Results
Conclusion
Author Information
Acknowledgements
Correspondence
Correspondence Email
Competing Interests
- New Zealand Government. Government Response to the Report of the Māori Affairs Committee on its Inquiry into the tobacco industry in Aotearoa and the consequences of tobacco use for Māori. 2011. Available from: http://www.parliament.nz/resource/en-NZ/49DBHOH_PAP21175_1/9f015010d386fe11050cddfbb468c2a3f5b0cb89 (accessed 20 September 2017).
- Studlar DT. Tobacco Control Policy Instruments in a Shrinking World: How Much Policy Learning? International Journal of Public Administration 2006; 29:367–96.
- Edwards R, Wilson N, Peace J, et al. Support for a tobacco endgame and increased regulation of the tobacco industry among New Zealand smokers: results from a National Survey. Tobacco Control 2012.
- Hoek J, Gendall P, Maubach N, et al. Strong public support for plain packaging of tobacco products. Australian and New Zealand Journal of Public Health 2012; 36:405–7.
- Jaine R, Healey B, Edwards R, et al. How adolescents view the tobacco endgame and tobacco control measures: trends and associations in support among 14–15 year olds. Tobacco Control 2014.
- van der Deen FS, Wilson N, Cleghorn CL, et al. Impact of five tobacco endgame strategies on future smoking prevalence, population health and health system costs: two modelling studies to inform the tobacco endgame. Tobacco Control 2017.
- Thomson G, Edwards R, Wilson N, et al. What are the elements of the tobacco endgame? Tobacco Control 2012; 21:293–5.
- Malone RE. The Race to a Tobacco Endgame. Tobacco Control 2016; 25:607–8.
- Beaglehole R, Bonita R, Yach D, et al. A tobacco-free world: a call to action to phase out the sale of tobacco products by 2040. The Lancet 385:1011–8.
- Gilmore AB. Understanding the vector in order to plan effective tobacco control policies: an analysis of contemporary tobacco industry materials. Tobacco Control 2012; 21:119–26.
- Aguinaga Bialous S, Peeters S. A brief overview of the tobacco industry in the last 20 years. Tobacco Control 2012; 21:92–4.
- Auer R, Concha-Lozano N, Jacot-Sadowski I, et al. Heat-not-burn tobacco cigarettes: Smoke by any other name. JAMA Internal Medicine 2017; 177:1050–2.
- Caputi TL. Industry watch: heat-not-burn tobacco products are about to reach their boiling point. Tobacco Control 2017; 26:609–10.
- Kennedy RD, Awopegba A, De León E, et al. Global approaches to regulating electronic cigarettes. Tobacco Control 2016.
- Laugesen M. Nicotine and toxicant yield ratings of electronic cigarette brands in New Zealand. New Zealand Medical Journal 2015; 128.
- MOH. E-cigarettes to be regulated as consumer products (29 March 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/e-cigarettes Archived by WebCite at: http://www.webcitation.org/6swXcMUct (Accessed 10 May 2017).
- MOH. ‘Heat not burn’ tobacco products. 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products/heat-not-burn-tobacco-products Archived by WebCite: http://www.webcitation.org/6sv3a32M0 (Accessed 10 May 2017).
- New Zealand Herald. New high-tech tobacco product Iqos is illegal (2 February 2017). 2017. Available at: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11793233 (Accessed 14 April 2017).
- PMI. Tobacco Meets Technology. no date. Available at: http://www.pmi.com/smoke-free-products/iqos-our-tobacco-heating-system Archived by WebCite at: http://www.webcitation.org/6swdh1LfB (Accessed 10 September 2017).
- Lüdicke F, Baker G, Magnette J, et al. Reduced Exposure to Harmful and Potentially Harmful Smoke Constituents With the Tobacco Heating System 2.1. Nicotine & Tobacco Research 2017; 19:168–75.
- Titz B, Boué S, Phillips B, et al. Effects of Cigarette Smoke, Cessation, and Switching to Two Heat-Not-Burn Tobacco Products on Lung Lipid Metabolism in C57BL/6 and Apoe(−/−) Mice—An Integrative Systems Toxicology Analysis. Toxicological Sciences 2016; 149:441–57.
- O’Connell G, Wilkinson P, Burseg KM, et al. Heated Tobacco Products Create Side-Stream Emissions: Implications for Regulation. Journal of Environmental Analytical Chemistry 2015; 2:2380–91.
- Forster M, Liu C, Duke MG, et al. An experimental method to study emissions from heated tobacco between 100–200°C. Chemistry Central Journal 2015; 9:20.
- Foundation for a Smoke-free World (launched 13 September 2017). 2017. Available at: http://www.smoke-freeworld.org/about-us (Accessed 20 September 2017).
- Yach D. Foundation for a smoke-free world. The Lancet 390:1807–10.
- Elder V. Ministry takes Philip Morris to court (19 May 2017). Otago Daily Times [serial on the Internet]. 2017. Available from: http://www.odt.co.nz/news/national/ministry-takes-philip-morris-court Archived by WebCite at: http://www.webcitation.org/6ss99oz6I (accessed 24 May 2017).
- Philip Morris ‘tobacco sticks’ court prosecution postponed. (2 June 2017) 2017. Available from: http://www.stuff.co.nz/business/industries/93268568/Philip-Morris-tobacco-sticks-court-prosecution-postponed Archived by WebCite at: http://www.webcitation.org/6ss9TUi7I (accessed 10 June 2017).
- Ministry of Health. Meetings with tobacco industry representatives. 2017. Available from: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/who-framework-convention-tobacco-control/meetings-tobacco-industry-representatives Archived by WebCite at: http://www.webcitation.org/6ssCnTH6l (accessed 10 June 2017).
- MOH. Government to establish pre-market approval system for smokeless tobacco and nicotine-delivery products (other than e-cigarettes) (2 August 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products Archived by WebCite at: http://www.webcitation.org/6swZsnKwA (Accessed 20 August 2017).
Contact diana@nzma.org.nz
for the PDF of this article
New Zealand s legal action against IQOS postponed, consultation with Big Tobacco follows
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With an ambitious goal of eradicating tobacco use by 2025,1 New Zealand is often considered a leader in tobacco control policy.2 The ‘tobacco endgame’ policy and tightening controls on the industry have wide public support.3–5 While a recent study concluded new measures are needed to achieve the goal of eradicating smoking by 2025,6 a society without cigarettes is now becoming a very real possibility.7–9
With the eventual phasing out of cigarettes a looming prospect, the tobacco industry in New Zealand, as elsewhere,10,11 is increasingly turning its attention to alternative nicotine and new tobacco products, including electronic nicotine delivery systems (ENDS) and ‘heat-not-burn’ (HNB) tobacco products. However, the legal status of these products, and the applicability of laws protecting the public from passive smoke, is uncertain.12,13 For example, e-cigarettes (ie, devices that heat liquid propylene glycol to create an inhalable aerosol with nicotine14) have been available in New Zealand since around 2007, despite nicotine being legally classified as a medicine.15 In March 2017, the Government announced that nicotine-containing e-cigarettes will be regulated as consumer products.16 On the other hand, other emerging products, including HNB tobacco are currently prohibited, as the Smoke-free Environments Act 1990 (s 29(2)) bans the importation and sale of tobacco products for oral use other than smoking.17
Despite the ban on new forms of tobacco, Philip Morris International launched its HNB tobacco product IQOS (I-Quit-Ordinary-Smoking) on the New Zealand market in December 2016.18 The IQOS device heats tobacco sticks (called Heets) at 350°C, lower than the combustion point of traditional cigarettes. The product is available in Japan, Canada and many European countries, and marketed as a “lower risk” alternative to cigarettes.19 Independent research on health risks from HNB products compared to traditional cigarettes has not confirmed this claim.13 While some studies indicate that HNB products maybe less harmful than traditional cigarettes,20,21 others established serious health risks linked to HNB use, including exposure to similar levels of many cancer-causing chemicals present in traditional cigarettes.12,22,23 Recent establishment of the Foundation for a Smoke-free World (with nearly one billion USD funding commitment from Philip Morris International)24 illustrates industry efforts to promote alternatives to traditional cigarettes on a global scale.25
In May 2017, the New Zealand Ministry of Health sued Philip Morris for importing and marketing IQOS on the grounds that it was prohibited under s 29(2) Smoke-free Environments Act 1990.26 The court hearing, initially scheduled in June 2017, was rescheduled for September.27 In the meantime, three meetings between Ministry of Health officials and industry representatives (British American Tobacco, Imperial Tobacco and Philip Morris) were held in quick succession (30 May–2 June) to “discuss regulation of new tobacco and nicotine-delivery products”.28 Subsequently, in August 2017, the government announced their plan to establish a pre-market approval system for smokeless tobacco products such as IQOS.29
The process through which the proposal to regulate HNB tobacco products emerged is alarming. Unlike the earlier proposal to regulate nicotine e-cigarettes, it has not been subject to similar public consultation. Also, the delay in enforcing legislation which currently prohibits sale of HNB products undermines the legitimacy of existing tobacco control laws. Finally, New Zealand is a Party to the Framework Convention on Tobacco Control and under art. 5.3 is legally obliged to protect tobacco control policy from commercial and other vested interests of the industry. While regulation of new nicotine and tobacco products may indeed support achievement of the ‘endgame’ goal (through offering potentially safer alternatives to smoking), major uncertainties remain as to the health risks and normalisation effects. Given that industry survival depends on these technologies, greater transparency is needed in the process of designing regulations for the new products.
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- Beaglehole R, Bonita R, Yach D, et al. A tobacco-free world: a call to action to phase out the sale of tobacco products by 2040. The Lancet 385:1011–8.
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- Auer R, Concha-Lozano N, Jacot-Sadowski I, et al. Heat-not-burn tobacco cigarettes: Smoke by any other name. JAMA Internal Medicine 2017; 177:1050–2.
- Caputi TL. Industry watch: heat-not-burn tobacco products are about to reach their boiling point. Tobacco Control 2017; 26:609–10.
- Kennedy RD, Awopegba A, De León E, et al. Global approaches to regulating electronic cigarettes. Tobacco Control 2016.
- Laugesen M. Nicotine and toxicant yield ratings of electronic cigarette brands in New Zealand. New Zealand Medical Journal 2015; 128.
- MOH. E-cigarettes to be regulated as consumer products (29 March 2017). 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/e-cigarettes Archived by WebCite at: http://www.webcitation.org/6swXcMUct (Accessed 10 May 2017).
- MOH. ‘Heat not burn’ tobacco products. 2017. Available at: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/smokeless-tobacco-and-nicotine-delivery-products/heat-not-burn-tobacco-products Archived by WebCite: http://www.webcitation.org/6sv3a32M0 (Accessed 10 May 2017).
- New Zealand Herald. New high-tech tobacco product Iqos is illegal (2 February 2017). 2017. Available at: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11793233 (Accessed 14 April 2017).
- PMI. Tobacco Meets Technology. no date. Available at: http://www.pmi.com/smoke-free-products/iqos-our-tobacco-heating-system Archived by WebCite at: http://www.webcitation.org/6swdh1LfB (Accessed 10 September 2017).
- Lüdicke F, Baker G, Magnette J, et al. Reduced Exposure to Harmful and Potentially Harmful Smoke Constituents With the Tobacco Heating System 2.1. Nicotine & Tobacco Research 2017; 19:168–75.
- Titz B, Boué S, Phillips B, et al. Effects of Cigarette Smoke, Cessation, and Switching to Two Heat-Not-Burn Tobacco Products on Lung Lipid Metabolism in C57BL/6 and Apoe(−/−) Mice—An Integrative Systems Toxicology Analysis. Toxicological Sciences 2016; 149:441–57.
- O’Connell G, Wilkinson P, Burseg KM, et al. Heated Tobacco Products Create Side-Stream Emissions: Implications for Regulation. Journal of Environmental Analytical Chemistry 2015; 2:2380–91.
- Forster M, Liu C, Duke MG, et al. An experimental method to study emissions from heated tobacco between 100–200°C. Chemistry Central Journal 2015; 9:20.
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- Elder V. Ministry takes Philip Morris to court (19 May 2017). Otago Daily Times [serial on the Internet]. 2017. Available from: http://www.odt.co.nz/news/national/ministry-takes-philip-morris-court Archived by WebCite at: http://www.webcitation.org/6ss99oz6I (accessed 24 May 2017).
- Philip Morris ‘tobacco sticks’ court prosecution postponed. (2 June 2017) 2017. Available from: http://www.stuff.co.nz/business/industries/93268568/Philip-Morris-tobacco-sticks-court-prosecution-postponed Archived by WebCite at: http://www.webcitation.org/6ss9TUi7I (accessed 10 June 2017).
- Ministry of Health. Meetings with tobacco industry representatives. 2017. Available from: http://www.health.govt.nz/our-work/preventative-health-wellness/tobacco-control/who-framework-convention-tobacco-control/meetings-tobacco-industry-representatives Archived by WebCite at: http://www.webcitation.org/6ssCnTH6l (accessed 10 June 2017).
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New Zealand s legal action against IQOS postponed, consultation with Big Tobacco follows
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