Showing posts with label tobacco display ban. Show all posts
Showing posts with label tobacco display ban. Show all posts

Tuesday, 3 April 2012

Supermarket stupidity

From the Telegraph over the weekend...

SIR – Last weekend I went to Sainsbury’s to buy some miniature cigars, but found the display shuttered. Upon asking what cigars they had, I was told that a new law forbade them from showing or telling me the brands, or even how much they cost.
Whatever justification is given for this censorship, the fact that someone would be breaking the law by giving me information about items that are perfectly legal to buy is a step too far off the road of democracy.

Graham Crispin
Southend-on-sea, Essex

Has anyone else had this experience? I haven't visited a supermarket tobacco kiosk since the ban came in. Is this really the law or is it a case of poorly trained staff gold-plating foolish legislation?

Wednesday, 17 November 2010

Scrap it, shut up and move on

I read a piece in Sunday’s Observer newspaper supporting a letter from anti-tobacco campaigners that appeared in the paper on the same day. Presumably there were concerns among some quarters that the letter did not go far enough, so Observer churnalist Jamie Doward adds another offering in his long-line of pro-ASH articles to strengthen the message. As with all anti-tobacco non-stories, the absence of content is made up for with fatuous claims and think-of-the-children squeals.

The words of ASH's Martin Dockrell—a say-anything anti-smoking zealot if ever there was one—feature prominently:

"The tobacco industry has tried to scare small shopkeepers into campaigning on their behalf, using them as a human shield," Dockrell said. "Their main tactic has been to promote the myth that putting point-of-sale displays out of sight somehow encourages smugglers but international evidence shows that to be false."

Er, no it doesn't Dockrell, you little tinker. Since Ireland and Canada have the worst tobacco smuggling problems in the world, there is a pretty good prima facie case for saying that display bans do lead to smuggling. But even if one questions whether this, in itself, proves that display bans lead to smuggling, it would be bonkers to say that this evidence disproves it.

What there can be no doubt about is that tobacco display bans do not achieve their intended aim of lowering underage smoking (which, one tires of saying, is already illegal). There is crystal clear evidence from every province of Canada that display bans have, if anything, had the opposite effect. Both the Conservatives and the Lib Dems, having examined the evidence used by the previous government to justify a ban on displays of tobacco in shops, and said in opposition that they were opposed to the policy. Its pointless, they said. They were right. And since it will manifestly place an unjustifiable burden on small shops, there can be no justification for a piece of legislation that will uglify and Sovietise thousands of shops. It is the very definition of ‘bad regulation’—and that's before we even mention the basic liberty of displaying a legal product in a free society or the inevitable encouragement a display ban would give the temperance lobby which would love nothing better than to put alcohol out of sight as well.

Having pledged to review the measure if and when they won the election, the Conservatives, and Health Minister Andrew Lansley in particular, is being held to ransom by the anti-tobacco lobby who—having nothing new to say—are rolling out severely compromised individuals like Peter Kellner and indentured moral entrepreneurs like Martin Dockrell.


Why the reluctance to give up on a policy which everyone knows won’t do what it's intended to do, and will instead create a raft of other problems? The answer, surely, is that the powerful anti-tobacco lobby risks losing motivation and momentum over this displays debate. They’re scared that if just one of the measures on their agenda isn’t implemented then the whole tapestry will unravel. As long as professional anti-smokers are mistaken for health campaigners, politicians will continue to be nervous of displeasing them. But they should, because there are no votes to be gained from pursuing Labour's nanny/bully state and doing anything other than scrapping this stupid law will make a mockery of the coalition's claim to be in favour of scrapping unnecessary and illiberal legislation.


There is a lot of sympathy with the independent retailer—rightly so—and this has been a major, unforeseen stumbling block for the tobacco control lobby. At first, some initial effort was made to address the concerns of retailers. That was followed by a campaign to undermine retailers with a positively shameful attempt to skew the evidence about the impact this policy would have on small shops. There was even a protracted, fruitless search for a retailer who might stand up and make supportive noises that chime with those of the anti-tobacco lobby:

26/2/09
Cancer Research UK and the Department of Health attempt to drum up some support for the controversial ban. An e-mail from Elspeth Lee (to a number of unnamed recipients at the DH) illustrates how unpopular the measure is with retailers:

“The coalition is (still) trying to find one or two supportive retailers who would be happy to show support in further oral or written briefings or even do more, but we are failing miserably. Someone today mentioned that DH might have some warmer contacts - are there any that we could follow up with?”

However, these “warmer contacts” turn out to be supermarkets who can expect to profit from the disappearance of large numbers of smaller shops, as Lucy Holdstock explains:

“It’s the bigger chains who are not too fussed about this, at least in private. However, that could work against us as the criticisms are all about costs to smaller businesses.”

What we’ve seen this weekend is an attempt to simply airbrush retailers out of the equation. ASH, enabled by supportive (and lazy) hacks like Jamie Doward, present a picture of big tobacco companies fiercely lobbying the new government and forcing a U-turn on the strength of flawed evidence relating to the illicit market. Neither the letter from the four anti-tobacco campaigners in Sunday's Observer, nor Doward’s article, mentions the monumentous and unprecedented campaign by retailers and shop owners against these proposals.

Of course, few people will be surprised that ASH and their supporters are once again manipulating and misrepresenting a situation to achieve their own aims – after all, they’ve done it before. ASH Director Deborah Arnott boasted that, “Campaigning of this kind is literally a confidence trick: the appearance of confidence both creates confidence and demoralises the opposition.”

The government, even those members of the coalition who read the Observer, will not be so easily fooled this time around. Most MPs will no doubt have spoken to retailers in their constituency, concerned over the display ban; many MPs have looked into the evidence for themselves and concluded that there are far better, far more effective ways to prevent young people smoking than merely hiding it from their view when they go shopping. After years of bullying, cajoling and broken promises, a degree of bullshit fatigue must be setting in when politicians deal with groups like ASH.

So just scrap it already, and let's start talking about real issues.




Saturday, 18 September 2010

Public consultation backfires on ASH

From The Scotsman:

Figures seen by The Scotsman show almost 90 per cent of respondents who replied to a Scottish Government consultation request oppose the measure.

Hardly surprising, since there is no evidence that display bans work and ample evidence that they put an unnecessary burden on shopkeepers.

Public consultations of this kind are not necessarily accurate barometers of public opinion (to put it mildly). As we saw in England, the only thing they measure is how well organised ASH and the NHS are in getting their staff and supporters to click on a website or return a generic postcard. In this particular instance, it seems they were not at all well organised.

Out of the 305 respondents to the Scottish Government consultation, 269 - 88.2 per cent - opposed the measure with support mostly coming from NHS trusts and anti-smoking charities.

Which means only 36 people responded positively to the proposal. Considering ASH Scotland alone employs 16 people, that is pretty feeble.

The opposition compares to 84 per cent support for the same measure in England...

Quite a disparity, no? And if you have read The Dark Market (free download), you will know why that is. It's because...

...75 per cent of respondents to that consultation came from Department of Health funded bodies.

So why couldn't DH-funded bodies in Scotland manufacture consent so effectively? Probably because they know that the Scottish government does what it wants regardless of public opinion. Back in 2005, a survey showed that two-thirds of Scots believed that pubs should be allowed to accommodate smokers. Then Health Minister, Andy Kerr, responded with these timeless words:

"We are not running government by opinion poll."

And the display ban was passed in Scotland with cross-party support long before the result of this consultation was published. So, really, what was the point?

Tuesday, 20 July 2010

The Dark Market Redux

Some readers will recall the infamous 'Dark Market' e-mails which came to light last year. These e-mails revealed how Action on Smoking and Health (ASH) and the Department of Health worked together to brief politicians with implausibly low estimates of how much England's tobacco display ban would cost to implement. They continued to cite these figures even after their own source told them they were unrealistic.

I published a summary of these documents at the time, but the discredited pricing is only one part of the jigsaw. MPs and peers were also misled about the popularity and effectiveness of this controversial legislation.

I have now written up a full history of the campaign to ban tobacco displays in England. This includes the Dark Market e-mails alongside evidence showing how the public consultation was weighted towards groups funded by the Department of Health. It also shows how ASH claimed that the legislation would reduce underage smoking despite the empirical international evidence suggesting nothing of the sort.  Finally, it details how false and misleading statements continue to obscure the truth about the cost and efficacy of tobacco display bans.

This is the Dark Market Redux...

Summary

In October 2009, the House of Commons voted to ban the display of tobacco products in shops. This report reveals how MPs and peers were repeatedly misled about the cost, popularity and efficacy of this legislation.

E-mails released under the Freedom of Information Act show how Action on Smoking Health (ASH), Cancer Research UK and the Department of Health (DH) briefed MPs and peers with unrealistically low estimates of the cost to retailers and continued to do so even after their own source made them aware of their error.

The government now accepts that the cost of complying with the law will be ten to forty times greater than the estimate given to MPs and peers at the time of the vote.

The Department of Health’s consultation paper was dominated by groups funded by the DH. The DH did not acknowledge the participation of groups like the Tobacco Retailers Alliance until the press accused Ministers of “cultivating a fake grassroots movement in order to make a position appear more popular than it really is.” (‘Government “fixing health consultations” with taxpayer-funded groups’, The Telegraph, 02.01.09).

ASH and the DH briefed ministers with incorrect figures purporting to show a dramatic decline in youth smoking in countries which had implemented display bans. Although ASH later blamed a “technical error” for these false figures, misleading statistics continued to be cited in the press and in Parliament. To this day, there is no credible evidence that display bans reduce youth smoking.

Crucial information was denied MPs at the time of the vote. The draft regulations were not available in the House of Commons library and were not sent by e-mail prior to the debate, contrary to claims made by the minister during the debate.

MPs and peers were unaware of the economic damage the legislation would do to small retailers and newsagents in addition to the cost of compliance.

The campaign of misinformation surrounding the tobacco display ban raises serious questions about the validity of the ‘government lobbying the government’ to achieve predetermined objectives. It illustrates the power of unelected bureaucrats and state-funded pressure groups to influence the democratic process.

Download the full PDF here

(This dossier was presented at a committee meeting of the House of Commons on 20.07.10)

Friday, 11 September 2009

The Guardian reports the Dark Market story


Last month, I wrote an article ('The Dark Market') which showed how ASH, Cancer Research, Lord Darzi and the Department of Health managed to convince the House of Lords that the cost of converting a shop to comply with the 'dark market' (ie. removing tobacco products from sight) was unrealistically low. 

I looked at e-mails released under the Freedom of Information Act which showed how a quote from a Canadian shop-fitter was misinterpreted, manipulated and recalculated to come up with the lowest possible price. The intention, clearly, was to persuade politicians that the new law would not damage the thousands of businesses that would have to comply with it. 

When the shop-fitter saw what ASH and the DoH had done, he repeatedly told them that their price (a mere £120 per shop) was far too low. Both organisations ignored him and the quote was cited as gospel both in the press and in the House of Lords debate (which passed it without amendment). Even today, the incorrect figure continues to appear on literature from groups like Smokefree Action and Cancer Research.

The whole affair is extremely revealing as an example of how "official" figures are constructed and contorted for political ends. As such, it is good to see that The Guardian has now covered the story:

The government has been accused of misleading parliament over the cost for retailers of implementing the controversial tobacco display ban.

Internal documents obtained under the Freedom of Information Act show that officials at the Department of Health (DoH) were warned by manufacturers that they had dramatically underestimated how much it would cost retailers to modify their shops to comply with the ban.

Indeed they were. The man dragged into this farce was Canadian shop-fitter Phil Beder of 4 Solutions Displays, who told ASH's Deborah Arnott quite explicitly:

“Hi Deborah,

I want to reiterate that the last e-mail I sent to you (April 28) was a complete clarification of all costs associated with covering of tobacco.

I also want to make sure you are not making additional assumptions on costs to suit your internal needs...

4 Solutions Displays cannot produce, deliver and install for the minimal dollars you are publishing...

We would ask that you remove 4 Solutions Displays from any of your promotional materials as the numbers are misrepresenting the actual costs to a wide base of retailers in the UK...

I trust your organization will insure the entire financial story is told to all and not choose a single number that doesn’t represent the actual facts.”

Beder also told her that the tobacco display ban in Canada had damaged small businesses and had
not led to a reduction in youth smoking (which was the reason given for bringing in the ban in the first place). None of this was ever relayed to the public or mentioned in the House of Lords debate.

Instead, as The Guardian reports:

Ash responded by telling 4 Solutions that it was confident its figures were correct.

The Canadian manufacturer also wrote to the National Federation of Retail Newsagents, which is opposed to the ban, confirming that the full cost would be far higher than the figure quoted by the DoH. When the federation emailed the DoH on 15 May to highlight the discrepancy, an official replied saying: "We are confident of the validity of the estimates that ministers have been quoting."

The Department of Health has responded to
The Guardian's investigation, saying:

"Point-of-sale displays have already been removed in a number of countries, including Canada, [where] removing point-of-sale display has coincided with a fall in smoking prevalence rates among 15 to 19-year-olds from 29% in 2002 to 19% in 2007."

But this, too, is a gross distortion of the facts,
as I have explained before:

Since only four of Canada's thirteen territories had enacted any sort of a tobacco display ban prior to 2007, it makes it extremely unlikely that the decline in teen smoking between 2002 and 2007 could have been due to such legislation.

If tobacco display bans were effective in reducing the smoking rate, only Saskatchewan (which was the first to pass such a law) has had enough time to see the benefit. As it happens, Saskatchewan has the highest smoking rate of any Canadian territory. One cannot blame the anti-smoking advocates for looking for evidence to support their latest ban, but it seems - once again - that the myth does not fit the reality.

Sometimes, if you're in a hole, it is best to just stop digging. For the Department of Health and ASH, that time has surely come.


(Thanks to Belinda for spotting the article. The whole 'dark market' article can be read here [PDF])