May 20, 2013, ASH’s Chris Bostic testified about tobacco, urging the U.S. to exclude it from the treaty.

The text of his verbal comments is below.

To read ASH’s written comments, click here.

I am here today to urge the United States government to exempt tobacco products from the Transatlantic Trade and Investment Partnership, in order to retain policy space for all TTIP partners to address this most destructive cause of preventable disease. This is not an anti-trade message, but the goals and benefits of trade are not compatible with tobacco. Trade has the potential to improve lives, while tobacco devastates lives, providing no benefit whatsoever to its addicted consumers. Let me quickly lay out the arguments for a full exemption.

First, tobacco is the world’s leading killer. Nearly 6 million people die every year, and that number is rising. By the end of the century, we risk a billion premature deaths, ten times the toll of the 20^th century.

Second, there is a global consensus on how to deal with the tobacco epidemic, the WHO Framework Convention on Tobacco Control. The U.S. has signed this treaty, and every member state of the European Union, as well as the European Commission, has ratified it.

Third, the tobacco industry has consistently abused international trade and investment rules to stall, block or roll-back implementation of the tobacco treaty. Trade is the strongest arrow in their litigation quiver, and TTIP as it is currently envisioned is a dream come true for an industry that kills half of its customers.

Fourth, while health exceptions are built in to many trade systems, those systems did not envision an industry that would use trade rules to create legal chill. It is clear from past trade and investment disputes that the tobacco industry need not win trade disputes to achieve their goal. The cost of litigation is a barrier unto itself, and many small governments simply cannot afford to win these disputes. We already have examples of countries that have delayed or discarded plans to advance tobacco control legislation due to the threat of trade litigation.

Fifth, the incompatibility of trade liberalization and tobacco is already recognized under U.S. law. The Doggett and Durbin Amendments, as well as Presidential Executive Order 13913, prohibit federal agencies from promoting the sale or export of tobacco products. These laws have been ignored in recent trade negotiations.

Sixth, the U.S. has joined the world on a path to addressing the growing problem of non-communicable diseases, or NCDs. The leading risk factor for NCDs is tobacco use, and the UN Political Declaration on NCDs, which the U.S. joined, calls for accelerated implementation of the tobacco treaty. By giving the tobacco industry new tools to block meaningful tobacco regulation, the U.S. undermines the NCD initiative and reneges on its promises.

Seventh, the slippery slope argument is a red herring. The tobacco exception that the U.S. has drafted – but not tabled – for the Trans-Pacific Partnership recognizes the uniqueness of tobacco in international trade.

Finally, half measures or weak exceptions will not address the core problem. Complicated legal tests and chapter exclusions invite litigation and increase legal chill. The easiest and most elegant solution is a blanket exclusion for tobacco products.

Chris Bostic Deputy Director for Policy

I wonder if Philip Morris International (PMI) researchers have studied the ‘length of public memory.’ If so, the resulting answer seems to be ‘about 15 years.’ That’s how long it has been since the Tobacco Institute closed its doors, after 40 years of obfuscating the science on tobacco addiction, disease and death. A key aspect of industry strategy to forestall meaningful regulation has always been to question the causal link between tobacco and disease.

PMI has just launched phase two of its sbv IMPROVER project (the title is short for “systems biology verification of industrial methodology for process verification in research”). The theme is “species translation challenge,” and PMI, in collaboration with technoogy giant IBM, will award three US$20,000 grants to scientists who can best poke holes in translating disease lab results in rodents to humans. In one online article very sympathetic to Philip Morris, the reporter states “not every smoker suffers all or any of those health effects, suggesting that a combination of environmental and genetic factors lead to disease.” This years project follows on the “diagnostic signature challenge,” in 2012 which gave a US$50,000 award for showing genetic markers for diseases linked to tobacco.

The main purpose of IMPROVER seems clear – remuddy the waters on the causal link between tobacco and disease. But they actually get much more. By enticing young researchers to compete, PMI pushes back against the trend among major universities to not do business with big tobacco. These researchers are also a natural recruitment pool for the next generation of scientists who are untroubled by the ethics of working with big tobacco. By linking with IBM, working with universities, and comparing the effort to legitimate scientific endeavors such as DREAM, PMI gains legitimacy among the scientific community.

Finally, IMPROVER is a rather brilliant example of corporate social responsibility marketing. Turning the purpose of the scheme on its head, PMI says its “number one objective is to do something about our dangerous products.” How can anyone argue with that? That’s not rhetorical – I invite responses on all the ways we can argue with that.

On a side note, is the name IMPROVER a subtle nod and affront to MPOWER?

Mr. Jacobs was a true pioneer in the public health movement. His vision prompted him to take action against the tobacco epidemic. He was instrumental in founding ASH as the nation’s first organization devoted specifically to the fight against the harms of tobacco in 1968 and served continuously on ASH’s Board of Trustees. He assumed the chairmanship in 1975 and remained in that position until 2010.  Under his leadership, ASH played a leading role in educating the public about the dangers of smoking, in protecting non-smokers from the harmful effects of second-hand smoke and in taking the fight for health and against the harm caused by tobacco to a global level through its support of the Framework Convention on Tobacco Control. Following his tenure as Board Chair, Mr. Jacobs served as Chair of ASH’s investment committee and devoted his energy to assuring the future of the organization. His loyalty and fierce dedication of over 45 years to ASH and the tobacco control movement won the admiration of his fellow Trustees and staff at ASH.

“Martin Jacobs was an incredibly bright man who used his intellect not to enrich himself, but to fight for justice and for a world free from the shackles of big tobacco,” said Dr. Alfred Munzer who succeeded Mr. Jacobs as Chair of ASH, “we will miss his wit, his vision and his ability to bring people together.”

“Martin Jacob’s leadership helped ASH become a true catalyst for health, here in the US and all around the world. The vision of this brilliant, passionate but humble man will prevent millions of unnecessary premature deaths,” said Laurent Huber, ASH Executive Director.

In addition to his years of service to the health movement through ASH, Mr. Jacobs retired only recently as a highly regarded software systems designer at the CME Group, formerly New York Mercantile Exchange.

Mr. Jacobs will be sorely missed by his family, friends at ASH, and fellow advocates for health and civil rights.

Our thoughts remain with Mr. Jacob’s family during this difficult time.

Greg Holland Michigan State University Graduate

CALL TO ACTION: Protect Our Children!

Today we ask each of you to take a moment to support the cause of a 24-year-old Michigan State University graduate and recently naturalized American citizen, Greg Holland, as he petitions the White House (http://wh.gov/Mj4J) to protect children from tobacco smoke while riding in vehicles.

Greg grew up in Alberta, Canada and Detroit, Michigan.  He witnessed tobacco control policies in Canada that discouraged his friends from continuing to smoke while his American friends remained avid smokers and at risk.

Greg remembers when smoking in Alberta was banned in public places in 2007, when all tobacco products were required to be completely out of sight wherever sold in 2008, and most of all, he remembers the government ban on smoking in vehicles with anyone 16 and younger present in most jurisdictions in 2010.  Greg was working in Canada at the time and heard the local radio station announce that the first person had been pulled over and fined for smoking in their vehicle with a six month old infant.

At that point, Greg promised himself that when he became an American citizen, he would work for a similar smoking restriction in the U.S.

Fast forward three years, and that is exactly what Greg is working toward today.

Greg began this petition on the White House’s public call for petitions website and collected the first 150 signatures needed to have a publicly viewable petition by reaching out to people via phone, email, text, tweets, and online sharing.  As of April 19th, he had reached 1,516 signatures.

ASH now asks that you sign your name here (http://wh.gov/Mj4J) to help Greg reach 100,000 signatures – the required number to have the White House review the petition and issue an official response. Please sign it today and share it with your family and friends! The White House only gives each petition a month to garner support, so  this petition expires and goes unheard on May 7th if we don’t reach the 100,000!

5 Simple Steps

Please click on the image for instructions to walk you through the 5 simple steps of creating an account (to ensure everyone only gets 1 vote per petition) and telling the Obama Administration to stand behind Greg in protecting the vulnerable American children who cannot protect themselves from the death and disease that comes with exposure to tobacco smoke.

Feel free to call our office (202-659-4310) with any questions or if you are facing technical issues signing the petition!

American children deserve the same level of protection as Canadian children.  Let’s work together to keep our children healthy!

Sincerely,

ASH Team

Tobacco products mimic well known snacks.

Legislation only exists in the U.S. to limit and not to prevent all of this:

1973 – Federal Cigarette Labeling and Advertising Act – banned tobacco ads on radio and television

1998 – Master Settlement Agreement – banned tobacco billboards and direct marketing  to children (i.e. via cartoon characters)

Yet, the tobacco industry spends millions of dollars a day pushing their product to any audience possible, and the CDC estimates that 3,000 children start smoking each day.

In many other countries, tobacco marketing is completely banned, including the display of cigarettes in stores. Children are growing up without even knowing what a cigarette is.

The U.S. should follow their lead.

• Sales to minors
• Flavored cigarette sales
• Advertising/promotion/marketing restrictions (e.g.,  Describing the tobacco product as “light,” “mild,” or “low” or claiming that the product is safer or less harmful without an FDA order in effect; distributing t-shirts or other novelty items with the brand name of a cigarette or smokeless tobacco product; and event sponsorship in the brand name of a cigarette or smokeless tobacco product)
• Free samples
• Vending machines in prohibited areas/self-service display/direct access to cigarette or smokeless tobacco
• Sale of cigarettes in packs of less than 20

To download the new violation reporting form click here>

And to learn more please visit the FDA website>

Here is what you can expect on the Adverse Health Effects of Exposure to Secondhand Smoke:

A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about the health effects of secondhand smoke and has ordered those companies to make this statement. Here is the truth:

• Secondhand smoke kills over 3,000 Americans every year.
• Secondhand smoke causes lung cancer and coronary heart disease in adults who do not smoke.
• Children exposed  to  secondhand  smoke  are  at  an increased risk  for  sudden  infant  death  syndrome (SIDS), acute respiratory infections, ear problems, severe asthma, and reduced lung function.
• There is no safe level of exposure to secondhand smoke.

Check out the rest of our blog series “Tobacco Companies Can Tell the Truth, But Only When Forced” and tell us what you think on Facebook>

Part 1:  Adverse Health Effects of Smoking>

Part 2:Addictiveness of Smoking and Nicotine>

Part 3: Lack of Significant Health Benefits from Smoking “Low Tar,”  “Light,”  “Ultra-Light,”  “Mild,” and “Natural” Cigarettes>

Part 4: Manipulation of Cigarette Design and Composition to Ensure Optimum Nicotine Delivery>

Here is what you can expect on the Manipulation of Cigarette Design and Composition to Ensure Optimum Nicotine Delivery:

A Federal Court has ruled that the Defendant tobacco companies deliberately deceived the American public about designing cigarettes to enhance the delivery of nicotine and has ordered those companies to make this statement. Here is the truth:

• Defendant tobacco companies intentionally designed cigarettes to make them more addictive.
• Cigarette companies control the impact and delivery of nicotine in many ways, including designing filters and selecting cigarette paper to maximize the ingestion of nicotine, adding ammonia to make the cigarette taste less harsh, and controlling the physical and chemical make-up of the tobacco blend.
• When you smoke, the nicotine actually changes your brain – that’s why quitting is so hard.

Stay tuned for Part 5 of our blog series “Tobacco Companies Can Tell the Truth, But Only When Forced” when we cover: Adverse Health Effects of Exposure to Secondhand Smoke and check out Part 1:  Adverse Health Effects of Smoking , Part 2:Addictiveness of Smoking and Nicotine & Part 3: Lack of Significant Health Benefits from Smoking “Low Tar,”  “Light,”  “Ultra-Light,”  “Mild,” and “Natural” Cigarettes>