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plain packaging

France: breaking new ground in tobacco control

2 Mar, 17 | by Marita Hefler, News Editor

The start of 2017 has seen tobacco control in France boosted with a series of ground-breaking tobacco control measures, as detailed in a recent article by Physicians for a Smoke-Free Canada.

After a phase-in period, cigarette plain packaging is fully in force as of 1 January 2017. As in other countries that have already introduced plain packaging, or are planning to do so, the tobacco industry and its mouthpieces fought strongly against the new law.

In a move which extends the impact of plain packaging, the French government has also applied Directive 2014/40 of the European Union, which directs member states to restrict tobacco presentation. On February 1, 2017 a regulation was issued that identifies product names judged to be contrary to the European Union Directive. The identified names will only be authorised for sale for one more year in France. Among the brand names and descriptors that will disappear from 2018 under the regulation are Vogue, Virginia Slims, Anis (licorice), Menthol and Biodegradable.

France has also introduced a new tax on tobacco company revenue. Expected to raise about 130 million Euros per year, the new funds will be used to finance further tobacco control initiatives. The measure is particularly significant because it closes a  loophole used by tobacco companies to avoid France’s high-tax regime.

To read the full details on the Physicians for a Smoke-Free Canada website click here.

Both Sides of the Argument? JTI-MacDonald’s Anti-Plain Packaging Spin in Canada

1 Nov, 16 | by Marita Hefler, News Editor

 

Julia Smith

Faculty of Health Sciences, Simon Fraser University

JTI-MacDonald recently launched a multimedia campaign, Both Sides of the Argument, to sway public opinion against proposed plain packaging legislation in Canada. The campaign includes advertisements on popular radio stations, a website, posters in restaurant and bar bathrooms, advertisements in national newspapers and sponsored posts on Facebook. The advertisements and website state that they are “A JTI-Macdonald Corporation Initiative”, however JTI-Macdonald is not a household name in Canada. It is therefore unlikely the viewers/listeners will recognize that the campaign is funded by a tobacco company.

The arguments, presentation and even name of the campaign is remarkably similar to one implemented by British American Tobacco New Zealand, titled ‘Agree–Disagree’, which coincided with the NZ government’s standardized packaging consultations. Analysis of the New Zealand campaign found that messaging misrepresented the intent of the proposed legislation, claimed standardized packaging would harm all brands, and used vague premises as a basis for claiming negative outcomes. The commonalities between the campaigns suggest similar strategies might be used elsewhere, and also creates opportunities for public health advocates to counter industry opposition to plain packaging.

While the Canadian campaign purports to present ‘Both Sides of the Argument’, it quite clearly represents only one perspective. A section of the website, subtitled Has Plain Packaging worked in Australia?, first presents “The evidence for why plain packaging worked in Australia”, appearing to represent the pro-plain packaging camp. However, the text underneath states that there is no evidence plain packaging contributed to declines in smoking, linking to an Australian government site that documents smoking prevalence, but does not mention plain packaging. Underneath this “the evidence for why plain packaging did not work in Australia” is presented. The claim that plain packaging is ineffective is repeated, this time supported by links to JTI-funded research and press releases. ‘Both sides of the argument’ conveniently supports the same conclusion by linking only to JTI funded  ‘research’ and spin.Campaign messages are continually buttressed by weak evidence from organizations with known links to the tobacco industry. For example the site refers to an Institute of Economic Affairs (IEA) report that “demonstrates plain packaging policy is destined to fail.” Not only does the IEA have a long and well documented history of producing research to counter tobacco control initiatives while receiving funding from the industry, the “report” is in fact a brief blog, which in turn links to an even shorter news report that cites statistics without reference or explanation.

JTI-MacDonald did commission an independent firm, Forum Research, to poll 2000 Canadians on their views about plain packaging. A quick scan of the research report reveals numerous weaknesses. Many of the questions are clearly leading. Take, for example, the following: “Some people say that a change to ‘plain’ packaging from multiple different brand designs will make it easier to produce fake cigarette packaging and increase the amount of illegal cigarettes sold in Canada. Do you think this is unlikely or likely?” In response to a question asking if respondents could explain plain packaging to someone else only 17% answered positively. Considering these results, the survey essentially documents the opinions of uninformed individuals. The sampling method in general is unclear, with the only details provided being that 2301 regionally and demographically representative Canadians completed an online survey during a week in August. How the participants were selected to ensure the sample was ‘demographically representative’ is not stated.

Encouragingly, for tobacco control advocates, comments on the campaigns Facebook posts reveal that not everyone is falling for the spin. Of the 50 most recent comments (as of 24 October 2016) under a Both Sides of the Argument post from 4 October 2016, 19 point out the weaknesses in the campaign, identify it as astroturfing, and call out the tobacco industry for promoting junk science.

 

Big Tobacco’s dirty tricks in opposing plain packaging

24 Oct, 16 | by Marita Hefler, News Editor

Jenny Hatchard, University of Bath

Tobacco companies want to sell you cigarettes – today, tomorrow and for the foreseeable future. Whether you’re at the tobacco counter or out with friends, glitzy cigarette packaging is a really important part of their sales pitch. Tobacco companies are aware of this. It’s why they are so opposed to their cigarettes being put in plain packaging.

But it isn’t just tobacco companies that are against plain packaging. In the UK, where plain packaging was introduced in 2016, business associations, think tanks and civil society groups publicly campaigned against the policy and academics, research consultants and public relations and law firms variously wrote lengthy reports and lobbied the government.

But why would these organisations lobby against plain packaging? On looking into these opposition groups, our recent research gives a clear answer. Opponents of plain packaging tend to have links to the tobacco industry. So much so that three-quarters of organisations identified in our study had financial links to tobacco companies.

Perhaps we shouldn’t be surprised. Decades of research into political activity by the tobacco industry has shown that “third parties” are used to campaign against tobacco-control policies. Health advocates are aware of this. In 2005, the World Health Organisation’s Framework Convention on Tobacco Control committed the countries that signed the convention to protect tobacco policy from interference by the tobacco industry and, crucially, groups linked to them. In response, in 2011, the UK government committed to publishing details of any policy meetings with tobacco companies and the Department of Health routinely requests disclosure of tobacco industry links. So far so good. In doing so, the UK sets a strong example.

Third party interference

But our research shows how “third party” opposition to tobacco control policies extends tobacco industry interference beyond this realm of government. In a three-year period which included the 2012 government consultation on plain packaging, 88% of research and 78% of public communications opposing plain packaging were carried out by organisations with financial links to tobacco companies (see figure 1). And public and retailer campaigns funded by tobacco companies to mobilise opposition to plain packaging generated 98% of the more than 420,000 negative postcard and petition submissions to the consultation.

Figure 1
Author provided

In this way, ideas and arguments that come from tobacco companies and their research spill into public spaces. Once there, they can influence the public and political mood on life-saving tobacco control policies and create a misleading impression of diverse and widespread opposition. This is known in the world of political science as “conflict expansion”. And the potential effects are significant. When widespread, these “third party” activities can work to delay and even prevent policies: it took four years to get from consultation to implementation in the UK.

This wouldn’t be so serious if organisations and tobacco companies were open about their relationships. But, in many cases, links were not easy for the research team to detect. Of 150 examples of public communications, less than 20% explicitly acknowledged tobacco industry connections. And, while academics and research consultants tended to clearly report funding sources, “third parties” promoting their research in press releases, news stories and letters to government, frequently did not.

If they were open about their financial relationships with tobacco firms, business and civil society organisations would give the public, politicians and officials the opportunity to scrutinise their arguments and evidence in context. In the case of plain packaging, a lack of openness masked these links and lent credibility to claims that the policy lacked evidence and would increase the trade in illicit cigarettes – claims which have been shown to be unfounded by both peer-reviewed research and by the High Court in Britain. Now, as more countries move to introduce plain packaging, “third party” transparency remains an issue.

In order to help countries guard against tobacco industry interference, awareness can be raised of the effects of their activities on public and political debates. And steps could be taken to make their relationships with tobacco companies clearer. A compulsory register of tobacco companies’ memberships, political activities and associated spending would be a strong first move.

There is strong global commitment to addressing the problem of tobacco industry interference. Parties to the framework convention meet in India in November amid concerns about this issue, and the message to the tobacco industry from the WHO is clear: “The world understands who you are and what you do, and is determined to stamp out the global plague which you do so much to spread.”

The Conversation

Jenny Hatchard, Political Scientist, University of Bath

This article was originally published on The Conversation. Read the original article.

Finally, some truth in advertising from the tobacco industry

21 Sep, 16 | by Marita Hefler, News Editor

Stan Shatenstein

Editor & Publisher, STAN Bulletin

JTI-Macdonald is one of Canada’s big three tobacco firms. On Saturday 17 September, it ran an ad in several of Canada’s leading newspapers to argue against tobacco plain packaging legislation, which the Canadian government is currently considering. The ad is shown here:

Advertisement by JTI-Macdonald against tobacco plain packaging in Canada

Advertisement by JTI-Macdonald against tobacco plain packaging in Canada

 

 

 

 

 

 

 

 

 

 

 

The ad may have been intended to argue against plain packaging, but by loading a cigarette pack with 20 bullets, the company has inadvertently reminded Canadians that the product it sells is actually a deadly weapon – a smoking gun, by an unconscionable industry’s own unconscious admission.

 

New Zealand: no more ‘silent salesman’ – cigarette plain packaging passed

9 Sep, 16 | by Marita Hefler, News Editor

On 8 September, New Zealand joined a growing international move to outlaw the tobacco industry’s ‘silent salesman’ when it became the latest country to introduce cigarette plain packaging.

The legislation – the Smoke-Free Environments (Tobacco Standardised Packaging) Amendment Bill was passed on its third and final reading in the New Zealand parliament with 108 votes in favour, 13 against.

The move has been welcomed by health experts as a an important measure towards achieving the goal of Smokefree 2025. Professor Janet Hoek, co-director of  research group Aspire 2025 said: “Standardised packaging is a pivotal measure in the road to Smokefree 2025. It transforms tobacco packaging from a highly effective marketing tool, particularly for youth and young adults, to a plain and unattractive object.  For decades, tobacco companies have used skilfully designed packaging to help attract the next generation of smokers and the government has rightly ended this practice.”

Professor Hoek has led several studies on cigarette plain packaging, as well as an innovative study on the potential for dissuasive cigarette sticks.

Australia, the United Kingdom and France have already introduced plain packaging, while several other countries have either legislated or are preparing to legislate for them, in line with guidelines for implementation of Articles 11 and 13 of the World Health Organization Framework Convention on Tobacco Control.

UK plain packs court decision: interests at stake ‘collide in the most irreconcilable of ways’

4 Jul, 16 | by Marita Hefler, News Editor

The decision on 19 May 2016 by the High Court of Justice of England and Wales to dismiss the legal challenges brought by the four multinational tobacco companies against the UK’s tobacco plain packaging legislation was a major blow to the industry. The 386 page ruling addresses a wide range of legal claims and evidence; together with lessons learned from the industry’s failed attempts to overturn Australia’s 2012 plain packaging legislation, it provides an important resource for countries planning to introduce similar laws.

The McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria and the Union for International Cancer Control, has prepared a paper on the UK decision which draws out eight key aspects likely to be of widest relevance to litigation and policy development in other jurisidictions. Included in the aspects of the ruling which are explored and analysed are: the intent and limits of the laws, the conflicting interests of the tobacco industry and public health, the complementary nature of comprehensive tobacco control measures, and the relevance of the World Health Organisation Framework Convention on Tobacco Control.

Some notheworthy points in the analysis:

  • “…the Court points out that tobacco companies overstate the restrictive effects and implications of standardised packaging legislation” (page 4)
  • “The Court noted that the interests at stake ‘collide in the most irreconcilable of ways” (page 4)
  • “The Court notes that not all rights and interests are of equal value or worth. The protection of public health is one of the highest of all public interests. Health is a fundamental right” (page 5)
  • “…the Court notes that effective tobacco control requires the implementation of a number of complementary, mutually reinforcing measures, and that it can be difficult (if not impossible) to evaluate the contribution of individual measures in isolation to the reduction of tobacco use” (page 6)
  • “…the Court recognises that tobacco control does not and cannot stand still if it is to be effective (page 7)
  • “…the Court recognises the fundamental reality of intellectual property rights – they are created and protected to serve public purposes and interests, and are not absolute. Their exercise can be limited or restricted to serve other public purposes and interests. Public health is universally recognised as a public purpose and interest which justifies limitations and restrictions on the exercise of intellectual property rights” (pages 10 and 11)
  • “…the Court explains why, even if standardized packaging laws did constitute an expropriation of property, standardized packaging would fall within the category of ‘exceptional’ circumstances in which it would not be appropriate to require the payment of compensation” (page 13)

The full paper can be accessed by clicking here.

The McCabe Centre for Law and Cancer Framework Convention on Tobacco Control Knowledge Hub provides a public resource on legal issues relevant to tobacco control. Click here to link to the Hub.

 

Industry-funded International Tax and Investment Center responds to criticism by attempting to muddy the waters

24 Jun, 16 | by Marita Hefler, News Editor

Karen A Evans-Reeves, Anna B Gilmore and Andy Rowell

Tobacco Control Research Group, University of Bath,

The tobacco industry is under attack. In just two weeks, in May 2016, its tactic of challenging any law that threatens its profits, took a big hit. The arbitration panel, that tobacco giant Philip Morris International (PMI) had hoped would overturn standardised packaging legislation in Australia, published its full ruling that the company’s self-serving claims were inadmissible. Just days later, all four major tobacco companies lost their challenges against both the European Union’s Tobacco Products Directive and standardised packaging legislation in the UK.

The UK, France and Ireland, which have already enacted standardised packaging legislation, will now go ahead with this brand removal. Further afield Canada, New Zealand, Hungary and Norway are due to follow suit and other countries which have expressed an interest will be buoyed by the way the industry’s legal and trade challenges to plain packs are being soundly rejected. The World Health Organization’s (WHO) slogan for World No Tobacco Day 2016 was “Get Ready for Plain Packaging” recognising that the removal of branded tobacco packaging is “going global.”

Each jurisdiction to consider standardised packaging legislation has received sustained attacks from tobacco companies, using both their own voices and those of third parties which they fund. By commissioning and publicising research reports and opinions from seemingly independent experts, tobacco companies have created not only the impression of a large network of opposition but of an illusory body of evidence, particularly in relation to the industry argument that standardised packaging will increase the illicit tobacco trade.

PMI private documents, leaked to Action on Smoking and Health (UK), revealed that “broad third-party media engagement” and “high profile opinion pieces” would be used to raise awareness of such arguments among “decision makers and the general public” as part of its attempt to prevent standardised packaging in the UK. These documents also revealed that PMI intended to use the International Tax and Investment Centre (ITIC) as one of its key “media messengers”. Since 2012, PMI has paid ITIC (in collaboration with global advisory firm, Oxford Economics) to produce annual reports on the illicit trade in Asia. These claimed that illicit trade is increasing in the region but have been accused of being methodologically flawed. When publicly available routine data was used in an attempt to replicate ITIC’s findings in Hong Kong, illicit levels were found to be under half of what ITIC had estimated.

Key to the industry’s use of third parties is its attempt to shift the paradigm by presenting third parties as ‘independent experts’ and their research as ‘trustworthy and rigorous’ while simultaneously positioning public health academics as ‘advocates’ and ‘zealots’ and their research as ‘advocacy’. This presentation of corporate pawns as informed moderates producing quality work and public health researchers as misguided fundamentalists producing poor quality work is a public relations tactic employed for decades by corporations in relation to environmental and health issues.

Over the last few weeks this tactic has been adopted by the tobacco industry third party, ITIC, in a series of letters sent to Non-Governmental Organisations (South East Asia Tobacco Control Alliance (SEATCA), ASH (UK), EU SmokeFree Partnership), the University of Bath in the UK, and the Editors of Tobacco Control, all of whom had criticised ITIC’s activities, some in letters, reports and webpages. ITIC’s letters made three inter-related claims, each of which we explore in the paragraphs below.

First, that public health research should be seen as advocacy while, by contrast, ITIC’s research (none of which appears to be peer-reviewed) should be seen as high quality. For example, in his letter to the University of Bath the President of ITIC, Daniel Witt, claimed:

We have become increasingly concerned about how the integrity of reputable institutions and individuals is maligned by overzealous advocacy ….. and ….by what passes for academic research when it is clearly constructed to fulfil an advocacy agenda”.

This denigration of public health research has been strongly criticised by independent experts. In her 2006 verdict in an extortion case against the tobacco industry in the United States Judge Gladys Kessler noted:

Much of the Defendants’ [i.e. the tobacco industry’s] criticisms of Government witnesses focused on the fact that these witnesses had been long-time, devoted members of “the public health community.” To suggest that they were presenting inaccurate, untruthful, or unreliable testimony because they had spent their professional lives trying to improve the public health of this country is patently absurd”.

The recent high court ruling on the challenges made by British American Tobacco, PMI, Japan Tobacco International and Imperial Tobacco to UK standardised packaging legislation made a similar point, citing Sir Cyril Chantler’s 2015 review of the evidence:

Chantler … rejected the criticism made by the tobacco companies that those that advised the Government were biased against the industry. Conversely, he articulated scepticism about the methodological efficacy of research results generated by the tobacco companies. He also criticised the tobacco companies for adopting unrealistic criticisms of the output of existing researchers…

This ruling drew upon two peer-reviewed papers, one confirming the poor quality of industry evidence in comparison to public health evidence on standardised packaging and the other paper showing how BAT and JTI  went about distorting and misrepresenting public health evidence.

ITIC’s second claim is that it is not a lobby group. Yet based on widely accepted definitions of lobbying, ITIC’s own descriptions of its activities, and the global health communities’ observations of its behaviour, ITIC clearly acts as a lobbying organisation. Indeed, it has persistently boasted of its lobbying success. in 1995, ITIC produced a document which outlined how “ITIC has developed trusted, advisory relationships with key, senior-level policy makers…..[which]…provide channels for private sector expertise to reach the Government before, during and after the official policy-making process. This combination…… provides ITIC and its sponsors a ‘seat at the policy-making table’”. And in 2004, Daniel Witt, ITIC’s President noted: “ITIC is a public policy organization actively working to change public policy in a pro-investment direction.” Although ITIC claims to be an “independent, non-profit research and educational organization” it receives tobacco company funding and has industry representatives on its Board of Directors.  Outputs such as the Asia-11 and Asia-14 illicit trade indicator studies, commissioned by PMI and published by ITIC along with global advisory firm Oxford Economics, have been critiqued by Dr Hana Ross (on behalf of SEATCA) for opaque methodology and “unverifiable” results that were “inconsistent with results from other studies” in the region (for more on this issue, read here). In 2014, ITIC attempted to destabilise the proposed guidelines on tobacco tax and price policy by convening a meeting with Parties and Observers to the Framework Convention on Tobacco Control (FCTC) immediately prior to the sixth Conference of the Parties (COP6). The Convention’s Secretariat blasted ITIC for this move.

Finally, in each letter, ITIC’s President, Daniel Witt argues that public health organisations ought to engage with ITIC given its tax expertise. This position displays a fundamental misunderstanding of the FCTC’s Article 5.3 which aims to protect policy making from the vested interests of the tobacco industry. It also displays a fundamental lack of understanding of public attitudes to ITIC. For example, the World Bank withdrew from an ITIC event in India, following a letter from the Institute of Public Health in the country,  similarly, following a letter from ASH (UK), the UK Department for International Development (DfiD) asked ITIC to remove its name, from its list of sponsors on ITIC’s website as DfiD has never been a sponsor, and the FCTC Secretariat has urged all governments not to engage with ITIC.

SEATCA and the University of Bath have respectively published and sent to ITIC detailed rebuttals of ITIC’s letters to them. These rebuttals and the aforementioned high court rulings are unlikely to deter ITIC from trying to influence tobacco control policies such as standardised packaging across the globe and undermining Article 5.3 of the FCTC. But the more people who reject engagement with ITIC, the harder it will be for ITIC to boast that it can get its tobacco industry clients a “seat at the policy making table”.

World No Tobacco Day 2016: Get Ready for Plain Packaging

31 May, 16 | by Marita Hefler, News Editor

This year for World No Tobacco Day, the World Health Organization is urging governments to build on advertising and promotion bans by introducing plain packaging of tobacco products.

The measure is the next logical step in stripping away any hint of glamour associated with smoking. It is also an important way of preventing packaging creating misleading suggestions of some tobacco products being less harmful. There is also evidence that plain packaging enhances the impact of graphic health warnings.

Evidence from Australia, the first country in the world to introduce plain packaging, demonstrates the effectiveness. The UK has now introduced plain packaging. Ireland and France have passed plain packaging legislation, and several other countries are set to follow.

Read more:

New Zealand study: Dissuasive cigarette sticks – the next step in standardised (‘plain’) packaging?

1 Apr, 16 | by Marita Hefler, News Editor

 

A study published by Tobacco Control in December 2015 by a team of New Zealand and Australian researchers explored extending the concept of plain packaging one step further – to the cigarette stick itself. New Zealand is moving towards introducing plain packaging; incorporating dissuasive cigarette sticks would put it at the forefront of innovative tobacco control measures.

The study authors explain more in a blog published by Aspire 2025 and reproduced here with permission:

As New Zealand moves towards legislating for plain packaging of cigarettes, the Government should consider measures that extend and improve upon Australia’s model, ASPIRE2025 researchers believe.

In this study, based on an online survey of 313 New Zealand smokers, our researchers and colleagues in Australia have found that cigarette sticks with printed health warnings or unattractive colours could enhance the effects of plain packaging and further reduce the appeal smoking has to young people.

Professor Janet Hoek says the team tested reactions to images of four cigarette sticks that either featured printed warnings or had unattractive colours, such as yellow-brown and green.

“We found that smokers were significantly less likely to choose the test sticks and found all significantly less appealing than the status quo — a white cigarette with a brown filter tip,” she says.

A “minutes of life lost” graphic that went from one minute near the tip up to 15 near the butt had the strongest aversive effect relative to the other sticks tested.

“Requiring cigarette sticks and rolling paper to feature such a graphic, or to be produced in dissuasive colours, would likely increase the impact plain packaging will have on those who smoke, while also deterring others from taking up smoking,” Professor Hoek says.

View a short video about this research here:

Study abstract:
Background
Standardised (or ‘plain’) packaging has reduced the appeal of smoking by removing imagery that smokers use to affiliate themselves with the brand they smoke. We examined whether changing the appearance of cigarette sticks could further denormalise smoking and enhance the negative impact of standardised packaging.

Methods
We conducted an online study of 313 New Zealand smokers who comprised a Best–Worst Choice experiment and a rating task. The Best–Worst experiment used a 2×3×3×6 orthogonal design to test the following attributes: on-pack warning message, branding level, warning size and stick appearance.

Results
We identified three segments whose members’ choice patterns were strongly influenced by the stick design, warning theme and size, and warning theme, respectively. Each of the dissuasive sticks tested was less preferred and rated as less appealing than the most common stick in use; a ‘minutes of life lost’ stick was the most aversive of the stimuli tested.

Conclusions
Dissuasive sticks could enhance the effect of standardised packaging, particularly among older smokers who are often more heavily addicted and resistant to change. Countries introducing standardised packaging legislation should take the opportunity to denormalise the appearance of cigarette sticks, in addition to removing external tobacco branding from packs and increasing the warning size.

Citation
Hoek, J., Gendall, P., Eckert, C., & Louviere, J. (2015). Dissuasive cigarette sticks: the next step in standardised (‘plain’) packaging?. Tobacco control, tobaccocontrol-2015. doi:10.1136/tobaccocontrol-2015-052533

For more information, contact:
Professor Janet Hoek
University of Otago
Email janet.hoek@otago.ac.nz

Health ministers from around the world agree plain tobacco packaging priority

21 Jul, 15 | by Becky Freeman, Web Editor

In excellent news for public health and bad news for big tobacco, Yahoo! news reports:

Ministers from 10 countries gathered in Paris Monday to launch a common drive to introduce plain cigarette packaging with the aim of stubbing out high smoking rates among young people.

Representatives from nations as far afield as New Zealand, Australia, South Africa and Uruguay issued a joint statement saying that “significant scientific proof justified … plain cigarette packaging”.

The ministers said plain packaging had been shown to “reduce the attractiveness of the product for consumers, especially amongst women and young people” as well as increase the effectiveness of health warnings on packets.

Hosting the conference, French Health Minister Marisol Touraine said the aim was “a world without tobacco” and that “the generation that is born today should be a generation without tobacco”.

Full story here.

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