“It doesn’t work elsewhere, it won’t work here and doesn’t add up.”

In response to the Department of Health’s Consultation on the Future of Tobacco Control (CFTC), which closes on 8 September, the Tobacco Manufacturers’ Association (TMA) is opposed to tobacco display bans which are not supported by robust evidence, will not achieve the stated public health benefit and will have serious unintended consequences.

• Tobacco product displays are not predictors of youth smoking. Indeed, the Department of Health itself states in the CFTC that predictors of smoking are factors such as: age and sex, home environment, drug use, drinking alcohol, truancy and exclusion from school. It rightly does not list retail displays of tobacco products as a factor.
• Where product displays have been banned, in Iceland and some Canadian provinces, for example, there has been no resulting reduction in smoking consumption.
• Point of sale display is necessary for fair and undistorted competition between manufacturers and between retailers.

Christopher Ogden, Chief Executive of the Tobacco Manufacturers’ Association (TMA), said:

“There are other initiatives open to the government that would reduce youth smoking such as reducing youth access to tobacco products through enforcing minimum age laws and tackling illicit trade.

“A ban on the display of products will also blur the distinction between the legal and illegal market by virtue of it all being ‘under the counter’. This will hinder the operations being undertaken by HMRC and Trading Standards to tackle counterfeiting and undermine the considerable investment made by TMA and its member companies in pro-actively providing HMRC with effective tools to prevent tobacco smuggling.

“It does not make sense financially either. In today’s economic climate and challenging circumstances for the average smoker, particularly in disadvantaged areas, we are concerned that they will be tempted to buy more illicit tobacco, with subsequent loss of taxation. This could increase the large illicit market in tobacco, where over a quarter of all cigarettes and two thirds of rolling tobacco smoked in the UK already avoid duty. (1)

“While we welcome any sensible proposals that will assist in preventing the sale of tobacco to children under the age of 18, any proposals should be supported by credible evidence that they would address the government’s stated objectives. “

- ENDS -

Notes to Editors:

1. The TMA is the trade association for tobacco companies that operate in the UK. Our members are British American Tobacco UK Ltd (bat.com), Gallaher Ltd (gallaher-group.com), and Imperial Tobacco Ltd. (imperial-tobacco.com).

The TMA made its submission to the CFTC which can be found here.

2. Tobacco control legislation

• The raising of the age of sale for tobacco products from 16 to 18 years is now UK-wide since 1^st September 2008.
• The restriction orders provided for under the Criminal Justice and Immigration Act 2008 will not be brought into effect until April 2009, meaning that after this date retailers who flout the minimum age law could have their right to sell tobacco suspended.
• No date has yet been announced for the bringing into effect of the significant additional enforcement powers made available by the Regulatory Enforcement and Sanctions Act 2008.

3. Fully committed to youth access prevention

• The TMA completely agrees with the Government that children should not smoke and should be actively discouraged from doing so. The TMA is a principal stakeholder in (CitizenCard), the UK’s leading proof-of-age scheme [1.8m cards issued] and the (No ID No Sale) campaign operated by CitizenCard which promotes all PASS accredited (Government approved) Proof of Age / ID schemes.
• The key issue is that retailers must be able to establish the age of any potential customer before a sale is made. We fully support sanctions against those retailers who sell to young people, and welcome stronger enforcement of the law to prevent underage sales.
• The NINS campaign has engaged more than 130,000 retailers nationwide and created a culture in which young people expect to be asked to prove their age, and in which retailers accept only the correct ID.

4. Support the retention of tobacco product displays at point of sale in shops

• Displays enable adult consumers to make an informed choice based on availability, price and brand from the wide range of tobacco products.
• Point of sale display is necessary for fair and undistorted competition between manufacturers and between retailers.
• Above the counter displays are necessary as they keep products secure, speed up transaction times and reduce the need for extended verbal communication.
• Tobacco is the most requested FMCG product in retail outlets, with approximately 11million smokers in the UK regularly buying tobacco products. (2)
• Concealing tobacco products from view will make it easier for traders of smuggled product to blend it into the legal supply chain. The efforts of tobacco companies and HMR&C have led to a reduction of smuggling of genuine tobacco products but this display ban proposal is likely to increase counterfeiting and illicit trade.

(1) TMA estimates 2007

(2) General Household Survey plus Continuous Household Survey (Northern Ireland) 2006