How the Tobacco Industry Circumvents Bans on the Use of Misleading Terms

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How the Tobacco Industry Circumvents Bans on the Use of Misleading Terms Country Examples At least 70 countries currently ban the use of misleading terms. However, the tobacco industry uses a variety of tactics to circumvent the law. The most commonly used tactics include: replacement of misleading terms with colors; replacement of misleading terms with prominent numbers to denote tar level; replacement of misleading terms with other descriptive terms. The following are examples of cigarette packaging redesigned to circumvent the law in China, Australia, the EU, Turkey, and the Ukraine. CHINA As of 2005, China prohibits misleading language on cigarette packs and on inserts. Examples of misleading language includes health care, treatment functions, safe, environmental protection, low harms and other remarks on the functions of cigarette ingredients; light, ultra light, mild and other remarks on the cigarette qualities; and low to mild tar, low tar, low tar content and other descriptors. 1 LABEL CHANGE Chunghwa Lights Chunghwa 11mg Lights (in English) and low tar cigarettes (in Chinese) replaced with 11mg 1. STMA Notice on the Issuing of the STMA Regulation on Standardizing Package Labeling for Cigarettes Sold in the Domestic Market (2006) [Chinese]. Issued 2005 Sept 23. LABEL CHANGE Double Happiness Super Lights Double Happiness 8mg 1

AUSTRALIA 2 As of 2005, tobacco manufacturers were courtordered to stop using misleading terms, such as light and mild. 2. ACCC resolves light and mild cigarette issue with BAT and Philip Morris [press release]. 2005 May 12. Available from: http://www.accc.gov.au/content/index. phtml/itemid/683533 LABEL CHANGE Winfield Extra Mild Winfield Blue LABEL CHANGE Horizon Super Mild Horizon Blue LABEL CHANGE Long Beach Mild Long Beach Original Flavor LABEL CHANGE Winfield Super Mild Winfield Gold LABEL CHANGE Holiday Kings 12 Holiday Kings Blue ( 12 is amount of tar, in mg.) 2

EU: AUSTRIA EC, Austria prohibits all texts, LABEL CHANGE Memphis Blue Lights Memphis Sky Blue LABEL CHANGE Nil Lights Nil Weiss ( Weiss is German for white ) EU: FRANCE EC, France prohibits all texts, LABEL CHANGE Gauloises Extra Light Gauloises Blue & White LABEL CHANGE Gauloises Ultra Light Gauloises White 3

EU: ITALY EC, Italy prohibits all texts, LABEL CHANGE MS Lights (2003) MS L (2004) MS Chiare (2005) ( Chiare is Italian for clear.) LABEL CHANGE MS Mild (2002) MS M (2004) MS Rosse (2005) LABEL CHANGE Camel Lights (2003) Camel Natural Flavor (2007) LABEL CHANGE Sax Light (2003) Sax Emotion (2006) LABEL CHANGE Amadis Lights (2002) Amadis Azzurra* (2007) ( Azzurra is Italian for blue.) 4

EU: UNITED KINGDOM EC, the UK prohibits all texts, LABEL CHANGE Richmond Lights Richmond Smooth LABEL CHANGE Lambert & Butler Lights Lambert & Butler Gold TURKEY 3 As of 2006, Turkey prohibits the use of misrepresentations or insufficient information on tobacco product packages and labels regarding the characteristics, health effects or emissions of the product. Fraudulent explanations, trade marks, colors, figures or signs are also prohibited. LABEL CHANGE Gauloises Extra Light Gauloises Blue & White 3. Regulation on Methods and Essentials concerning the Manufacture Type, Labelling and Surveillance for the Protection from the Damages of Tobacco Products Article 9 Turkey]. Official Gazette No. 25962. 2005 Jun 1. 5

UKRAINE In 2005, Ukraine passed a law prohibiting terms, signs, trade marks, images, symbols or any other signs which may mislead consumers or create a false impression about the properties of tobacco products, their influence on human health, or which directly or indirectly create a false impression that one tobacco product is less harmful than other tobacco products, including such terms as low tar level, light, super light, ultra light and their equivalents in other languages. 4,5 The law came into effect January 1, 2007. Between 2006 and 2008, tobacco companies circumvented the ban by redesigning and re-launching colorful and eye-catching packaging; over 180 brands in all. 6 LABEL CHANGE L&M Super Lights L&M Silver Label LABEL CHANGE L&M Lights L&M Blue Label LABEL CHANGE Bond Street Superlights Bond Street Special Fine 4. Law of Ukraine On Measures for the Prevention and Reduction of Tobacco Use and its Negative Impact on the Health of Population (2005) (As Amended) (Ukraine). 5. Law No.3425-IV (3425-15) from 2006 Feb 9. (Ukraine) 6. Euromonitor International, (database online). London: Euromonitor; c2008 (updated 2008 Sep 12). Cigarettes- Ukraine. Available from: Euromonitor International. LABEL CHANGE Bond Street Lights Bond Street Special Elegant LABEL CHANGE Priluki Special Lights (Legki) Priluki Special Delicious 8 (Vishukani 8) ( 8 is amount of tar, in mg.) 6