Tuesday, 10 May 2016

Where next for vaping? The debate.

I've organised a panel discussion at the IEA to discuss where next for vapers and the e-cigarette industry after Article 20 of the Tobacco Products Directive comes into force. The event will be held on the 25th May, five days after the TPD comes into effect, and we've got a range of speakers who will be affected in different ways.

You would be very welcome to join us. Details below.

In recent years e-cigarettes have flourished in Britain under a free market. Light touch regulation, low barriers to entry and strong competition have resulted in choice, value and innovation. That could all change from May 20th when new EU regulations are introduced. Under Article 20 of the Tobacco Products Directive, most forms of advertising will be banned and limits on product size, strength and capacity will come into effect. Retailers and manufacturers will be faced with new bureaucracy and restrictions.

As the dust begins to settle, what will be the effect on vapers and the vaping industry? Join us for a discussion about the practical implications of Article 20 on e-cigarette use in Britain at 6.30pm on May 25th.

Speakers include:
  • Mark Pawsey MP, Chair of the All Party Parliamentary Group on e-cigarettes
  • Lorien Jollye, New Nicotine Alliance
  • Fraser Cropper, Totally Wicked
  • Ian Green, Southampton Vaping Centre
  • Christopher Snowdon, IEA head of lifestyle economics (Chair)
Further speakers to be announced.
RSVP by email or call  0207 799 8900.





Monday, 9 May 2016

Nick Triggle: BBC crusader

We have seen Nick 'feels strongly about this' Triggle's activism masquerading as BBC journalism many times on this blog, and there is a classic of genre out today. It contains no news whatsoever and is apropos absolutely nothing.

Regular readers will be familiar with Triggle's technique of writing 500 words of one-sided 'public health' propaganda before finishing by saying something like 'Whatever happens, this one will run and run', as if that constitutes a critical analysis.

This week, it is yoghurts that have caught his attention...

When it comes to understanding the challenge facing the nation on obesity, yoghurt is a good place to start.

Hmm. Is it, though?

In its normal state - natural full-fat - it's pretty good for you. It can boost your immune system, is good for your bones and is great at satisfying hunger.

The problem is that a great deal of the yoghurt we buy is not the natural stuff. Instead we seem to like the processed products, which are made by partly substituting yoghurt and adding a combination of other ingredients such as gelatine, sugar and flavourings. 

Yoghurt is always a processed food, you berk. Do you think it grows in the ground in little plastic pots?

It tends to be cheaper to produce per calorie, but nowhere near as good for you.

Citation very much needed. If this article is about 'understanding the challenge facing the nation on obesity' Triggle must mean 'high in calories' when he says 'nowhere near as good for you'. And yet it is far from obvious that full fat yoghurts are any less fattening than the 'processed' [sic] yoghurts he is railing against.

For example, a Muller Fruit Corner has 111 calories per 100g. A Muller Corner Red Cherry has 109 calories per 100g. A Waitrose Greek Style Low Fat Yoghurt (ie. with added sugar) has 77 calories per 100g. A Strawberry Mullerlight has 51 calories per 100g.

How does this compare with those 'healthy' high-fat yoghurts? Well, a Yeo Valley Natural Greek style yoghurt  has 129 calories per 100g and a Waitrose Greek Style Natural Yoghurt has 122 calories per 100g. The Yeo Valley (non-Greek Style) natural yoghurt is about as good as it gets with 84 calories.

Low fat yoghurts are generally lower in calories. This is hardly surprising since there are far more calories in a gram of fat than there is in a gram of sugar. Comparing like with like, the Waitrose Natural Yoghurt has a red traffic light rating for fat but the low fat version doesn't get a red rating for anything. Nevertheless, it is the high calorie, high fat version that Triggle thinks we should be buying if we want to face the 'obesity challenge'.

Muller produces a number of different types, one of which is the crunch corner series of yoghurts. They contain between 21g and 30g of sugar - most of this is from added sugars rather than natural sugars from milk.

Because sugar from milk is made by God and is good for you whereas sugar from beet or cane is made by Dr Frankenstein and will kill you.

I am not a yoghurt muncher so I don't know this market well, but from what I can see of the Muller crunch corners, they all contain chocolate digestives or vanilla chocolate balls and are therefore obviously not (a) typical, (b) for weight-conscious consumers. Even so, they only contain 150 calories per 100g, which is only a little more than many of the natural yoghurts.

Needless to say, yoghurts are merely a pretext for Triggle to bring up his pet 'public health' policies...

To support sales, Muller Corner heavily invests in advertising...

The horror!

The vast majority went on TV adverts, including during X Factor, which, while watched by many children, is not covered by the ban on junk food advertising, which only applies to programmes aimed solely at children.

Yadda, yadda.

Muller, as you would expect, defends its brands, pointing out it has a range of products, including Mullerlight and Muller Rice, and that it is clear all its products should be consumed as part of a "varied and balanced diet".

But this doesn't wash for campaigners. They want tighter restrictions on the food industry believing the way food is now produced, marketed and promoted is to blame. 

And they won't be getting any argument for you, will they Nick?

It carries on this vein for a little longer with some rhetoric about the 'obesogenic' environment and the usual sleight of hand about healthy food being more expensive than unhealthy food. And then the money shot...

So what can be done? The tax on sugary drinks, announced earlier this year and due to come into force in 2018, was widely welcomed. But it is seen as just a start by the health lobby, which has been buoyed by its success in convincing ministers to take the plunge on the sugar tax - for months they had been suggesting they weren't keen.

Other steps, including a more substantial restriction on advertising, an end to promotions such as buy-one-get-one-free deals and clearer labelling, are now being targeted.

Et cetera, et cetera. Why should licence fee payers have to support this ignorant, misleading and obviously partisan crusade of Nick Triggle's?

Thursday, 5 May 2016

Petty regulators

I did a few interviews about the EU e-cig regulations yesterday. TRT World managed to get someone from the European Commission for Health - one Enrico Brivio - to defend the Tobacco Products Directive. You can see the video below. 



One thing that stood out for me was Brivio's claim that the e-cig regulations are a compromise between those who want a ban and those who a free market. The problem with this argument is that the EU is not forcing the countries that have banned e-cigarettes to legalise them, but it is forcing the countries that want a free market to bring in neo-prohibitionist measures.

As I said at the end, I don't think the EU should force the likes of Finland to repeal their ban. That should be a matter for the Finns. But either we have a common market or we don't. The current situation allows countries to be less liberal than the TPD requires but does not allow them to be more liberal.

The table is slanted. But let's face it, it's never really been about market harmonisation.

Interview with Atlantic Insight

I did an interview with Atlantic Insight yesterday about the Nanny State Index and various other aspects of lifestyle regulation. You can listen to it (or read the transcript) here.

Wednesday, 4 May 2016

Christopher Snowdon's summary of e-cigarettes and the Tobacco Products Directive (TPD)

A few people have asked me where they can find my Epicenter briefing paper about e-cigarettes and the Tobacco Products Directive. Apparently it's not too easy to find on Google so I'll just leave it here on a blog post with a search engine friendly title.

Christopher Snowdon's e-cigarette/TPD briefing paper.


While I'm at it, here's a quick article by me about the meddlesome despots of Brussels.

And here's a reminder that we'll be discussing what the TPD means for vapers and the e-cigarette industry at the IEA on May 25th. All welcome.

Legal challenges to EU Tobacco Products Directive fail

Unfortunately, though not unexpectedly given the Advocate General's opinion before Christmas, Totally Wicked's legal challenge to Article 20 of the Tobacco Products Directive, has been rejected.

Here's the press release from TW...

Today the Court of Justice of the European Union (CJEU) has given its judgment on the legal challenge to Article 20 of the Tobacco Products Directive. This challenge was brought by UK independent e-cigarette manufacturer Totally Wicked.

The judgment can be read in full on the CJEU website.

Totally Wicked was the only independent electronic cigarette manufacturer to win the right to challenge this Directive which sought to bring e-cigarettes and e-liquid within its regulatory scope as "tobacco related products" – despite not containing tobacco - and subject e-cigarettes to more stringent regulation than some conventional tobacco products.

Electronic cigarettes are a revolutionary product. They are at least 95 per cent less harmful than tobacco products and are recognised as the number one tool used by smokers to quit smoking. Left to develop under proportionate consumer regulation, e-cigarettes have the potential to render tobacco cigarettes obsolete and prevent millions of deaths from smoking.

Totally Wicked believes that the TPD will adversely impact the availability of good quality, electronic cigarettes and e-liquids, and jeopardise the life-changing potential of vaping, resulting in a major detrimental impact on the public health of millions of people across the EU.

Specifically, Totally Wicked’s challenge was based on its view that Article 20 of the TPD represents a disproportionate impediment to the free movement of goods and the free provision of services, places electronic cigarettes at an unjustified competitive disadvantage to tobacco products, fails to comply with the general EU principle of equality, and breaches the fundamental rights of electronic cigarette manufacturers.

Totally Wicked’s challenge was supported by nearly 100,000 vapers from across the EU who signed a petition that was delivered to the UK Department of Health.

Fraser Cropper, Managing Director of Totally Wicked said:

“Today is a bitterly disappointing end to a battle that has lasted more than two years. At its heart, was a fundamental dispute between those who recognise the public health potential vaping offers and therefore wish to see these products and their use flourish under a robust yet proportionate consumer regulatory regime, and those who either do not understand vaping or see it as a threat to established interests and therefore wish to see e-cigarettes subjected to a disproportionate and inappropriate regulatory regime.

Article 20 of the TPD will result in electronic cigarettes being subjected to a stricter regulatory regime than some tobacco products. Not only is Article 20 disproportionate, I believe, irrespective of this judgment, it is also contrary to established EU law. I am therefore disappointed, yet unsurprised, given the level of misinformation and vested interest at the heart of this Directive’s drafting, that the EU Court of Justice has ruled against our legal challenge. The judges have fundamentally failed to hold the European Parliament to account. Our case provided the court an opportunity to consider in the fullest of time they had, all evidence on the significant benefits vaping is bringing to the lives of millions of smokers across the European Union. They choose however to ignore this welter of evidence. The practical consequences of this abysmal regulation is now being manifest across Europe. Rather than bring harmonised rules it has allowed for 28 discordant and disharmonised national regulatory regimes to be adopted. Most of these interpretations will either destroy the nascent vaping industries across Europe or significantly hinder legitimate business and impact potentially catastrophically, access to vaping products that European smokers should have been allowed access to.

For the sake of e-cigarette users and potential users, it is vital that our industry is allowed to mature within a proportionate regulatory framework, which supports appropriate controls and safety requirements, and necessary social responsibility and continues to provide consumer choice to maximise the enormous potential of these products. Article 20 of this Directive patently will not deliver this environment. Those who wish for vaping to be consigned to the annuls of history, will judge today a success. They will use the ruling as further evidence of the righteousness of their position, they will expose again the misinformation, in easily digestible bites, that has been used so often to malign our products and sector whilst laying claim to the moral high ground. In time I firmly believe that the European Commission and others who support the TPD will come to realise the terrible mistake they have made or eventually be shown to have used the power of the European legislature for vested and craven self-interest. Our business and informed and justifiably angry vapers across Europe will continue to attempt to hold these organisations and individuals to account”

Susan Garrett, the Partner leading the team at Addleshaw Goddard LLP mounting the challenge said:

"Totally Wicked believed that the Tobacco Products Directive was a misconceived and disproportionate attempt to regulate electronic cigarettes. Today's decision is clearly disappointing for our client; given the impact it believes the Directive will have in stifling this emerging market.

We were pleased to support Totally Wicked in pursuing this landmark challenge to the lawfulness of the Directive, and we are as disappointed as our client that the EU Court of Justice did not rule in their favour.”

The legal challenge to the tobacco regulations, such as the ban on menthol, has also failed.

#Brexit

Tuesday, 3 May 2016

Last Orders: Episode 2

The new episode of Spiked's monthly round up of meddlesome ratbags is out now. This month's guest is Sam Bowman. We discuss tap water, Dolmio, the Nanny State Index and more.

Listen here.