Consultation on electronic cigarettes and tobacco control

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Faculty of Public Health Of the Royal Colleges of Physicians of the United Kingdom Working to improve the public’s health

UK Faculty of Public Health response to the Scottish Government Consultation on Electronic Cigarettes and Strengthening Tobacco Control in Scotland About the UK Faculty of Public Health The UK Faculty of Public Health is the standard setting body for specialists in public health in the UK. FPH is the professional home for more than 3,300 professionals working in public health. Our members come from a range of professional backgrounds (including clinical, academic and policy) and are employed in a variety of settings, usually working at a strategic or specialist level. The UK Faculty of Public Health FPH is a joint faculty of the three Royal Colleges of Public Health Physicians of the United Kingdom (London, Edinburgh and Glasgow). In addition, FPH advocates on key public health issues and provides practical information and guidance for public health professionals, aiming to advance the health of the population through three key areas of work: health promotion, health protection and healthcare improvement. Electronic Cigarettes The UK Faculty of Public Health recognises that electronic cigarettes are likely to be significantly less hazardous than smoking and therefore, for smokers who do not wish to or cannot otherwise quit, health benefits may be realised by switching from smoking cigarettes to using electronic cigarettes. Furthermore, in view of the higher levels of addiction among the most disadvantaged smokers, access to pure nicotine products as an alternative to smoking may, in the longterm, be an important means of tackling health inequalities and helping communities manage very high levels of addiction and reducing risk. To that end, the UK Faculty of Public Health recognises the importance of encouraging smokers who would not otherwise quit to switch to alternative nicotine products. However, FPH has major concerns about the population impacts of electronic cigarettes. It strongly believes that the advertising and promotion of electronic cigarettes to non-smokers, including children, can and should be prevented. In light of overwhelming evidence that voluntary codes on marketing of tobacco and alcohol products have failed to protect young people from such advertising we therefore believe an outright ban on marketing of electronic cigarettes is preferable. We are alarmed by the rapid growth in advertising for electronic cigarettes including that from multinational tobacco companies, and the potential for this advertising to re-normalise and re-glamorise smoking. We also recognise the “fundamental and irreconcilable conflict of interest between the tobacco industry„s interests”1 and public health policy interests and the extent to which the tobacco industry can use electronic cigarettes and harm reduction to undermine progress in tobacco control. We share the concerns of Dr Haik Nikogosian of the WHO Framework Convention on Tobacco Control Secretariat, who cautions that electronic cigarettes “could result in a new

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World Health Organization, Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control http://www.who.int/fctc/guidelines/article_5_3.pdf

4 St Andrews Place  London  NW1 4LB  Tel: 020 3696 1452  Fax: 020 3696 1457 Email: [email protected]  Website: www.fph.org.uk  Registered Charity No: 263894

wave of the tobacco epidemic”2 or a new epidemic of nicotine (an addictive product) among population groups who would not otherwise have used tobacco products. The UK Faculty of Public Health is one of 129 signatories to a letter to Dr Margaret Chan, Director General of the World Health Organization outlining our concerns. 3 The Faculty of Public Health has five major concerns, which together make a powerful case for the regulation of electronic cigarettes as tobacco products: These are that:     

The safety of electronic cigarettes has not been scientifically demonstrated The efficacy of electronic cigarettes as smoking cessation aids remains uncertain Electronic cigarettes may be a „gateway‟ to smoking among young people and other current non-smokers – and for ex-smokers, vulnerable to marketing communications and advertising messaging Marketing communications and advertising are compromising existing smokefree legislation The tobacco industry is using electronic cigarettes to promote traditional cigarettes and to gain access to policy makers

The evidence underpinning these concerns is summarised in detail within FPH‟s policy statement on electronic cigarettes.4 This statement is kept under review in keeping with the evolving evidence. FPH also responded to the recent Committee of Advertising Practice and Broadcast Committee of Advertising Practice consultation on the marketing of electronic cigarettes. The positions outlined within that response are applicable to this consultation. 5 In addition to the positions outlined within both of these documents, FPH also supports those made by Action on Smoking and Health Scotland within its response to this consultation at questions: 1, 2, 3, 4, 5, 6, 7, 14, 15, and 16. On questions 8, 9, 10, 11, 12 and 13 on domestic advertising and promotion of electronic cigarettes: FPH‟s position on these questions is addressed within FPH‟s policy statement on Electronic Cigarettes and response to the Committee of Advertising Practice consultation. On questions 17, 18, 19 and 20 on electronic cigarette use in public spaces are also covered within these documents. FPH is clear that a ban on the use of electronic cigarettes in public places should be introduced in order to protect bystanders. On Other elements of tobacco control addressed within this consultation Questions 21, 22, 23, 24, 25, 26, 27, 28 on smoking in cars carrying children present: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation. Questions 29, 30, 31, 32, 33 and 34 on smoke-free (tobacco) legislation NHS grounds: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation.

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Financial Times, WHO plans to regulate e-cigarettes in same way as normal tobacco,< http://www.ft.com/cms/s/0/d822d056c1c3-11e3-83af-00144feabdc0.html#axzz3504LIeIL> 3 Letter of concern to Dr Margaret Chan, Director General of the World Health Organization http://bit.ly/13X26HA 4 UK Faculty of Public Health Policy Statement on Electronic Cigarettes 5 UK Faculty of Public Health Response to the Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BACP) Consultation on the marketing of e-cigarettes 4 St Andrews Place  London  NW1 4LB  Tel: 020 3696 1452  Fax: 020 3696 1457 Email: [email protected]  Website: www.fph.org.uk  Registered Charity No: 263894

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Questions 35, 36 and 37 on smoke-free (tobacco) children and family areas: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation. Questions 38 and 39 on age verification policy „Challenge 25‟ for the sale of tobacco and electronic cigarettes: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation. Questions 40, 40 and 42 on unauthorised sales by under 18 year olds for tobacco and electronic cigarettes: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation. Questions 43, 44 and 45 on equality considerations: Questions 46, 47, 48 and 49 on business and regulatory impacts considerations: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation with the exception that FPH is of the view that all advertising and marketing of electronic cigarette products should be banned. Questions 47, 48 and 49 on the business and regulatory impacts considerations: FPH supports the position made by Action on Smoking and Health Scotland in response to this consultation. FPH also draws attention to the following resources:    

Children & Secondhand Smoke Tobacco Smoke Pollution & Health Protecting my child from secondhand smoke Protecting children from secondhand smoke

If you have any further questions relating to FPH‟s response to the Scottish Government Consultation on Electronic Cigarettes and Strengthening Tobacco Control in Scotland, or FPH‟s position on electronic cigarettes more generally, please contact: Mark Weiss Senior Policy Officer UK Faculty of Public Health [email protected] 020 3696 1479 4 St Andrews Place  London  NW1 4LB  Tel: 020 3696 1452  Fax: 020 3696 1457 Email: [email protected]  Website: www.fph.org.uk  Registered Charity No: 263894

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