TOBACCO INDUSTRY INTERFERENCE A GLOBAL BRIEF

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TOBACCO INDUSTRY INTERFERENCE A GLOBAL BRIEF

© World Well being Group 2012

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TOBACCO INDUSTRY INTERFERENCE A GLOBAL BRIEF

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Cease tobacco business interference in tobacco management

Curbing the tobacco epidemic

Tobacco habit is a world epidemic that ravages complete international locations and areas, wreaking probably the most havoc in probably the most susceptible international locations and creating an unlimited toll of incapacity, illness, misplaced productiveness and loss of life. Tobacco use continues to be the main international explanation for preventable loss of life. It kills practically 6 million folks yearly by way of most cancers, coronary heart illness, respiratory ailments, childhood ailments and others. It additionally causes tons of of billions of of financial losses worldwide yearly. If present traits proceed, by 2030 tobacco will kill greater than Eight million folks worldwide yearly, with 80% of those untimely deaths occurring amongst folks in low- and middle-income international locations. Over the course of the 21st century, tobacco use might kill as much as a billion folks except pressing motion is taken.

We all know what works to curb the tobacco epidemic. The motion we have to take is specified by the WHO Framework Conference on Tobacco Management (WHO FCTC). Up to now, 173 nations (plus the European Union) have pledged to work collectively to implement the Conference so as to shield current and future generations from the devastating well being, social, environmental and financial penalties of tobacco consumption and publicity to tobacco smoke. Nevertheless, these tobacco management efforts are systematically opposed by the tobacco business. Who or what’s the tobacco business and what types do its interference with public well being efforts take?

“The tobacco epidemic is solely man-made, and it may be circled by way of the concerted efforts of governments and civil society.” Dr Margaret Chan, on the launch of the WHO Report on the worldwide tobacco epidemic, 2008

“The enemy, the tobacco business, has modified its face and its techniques. The wolf is now not in sheep’s clothes, and its enamel are bared.”

Dr Margaret Chan, Director-Normal of WHO, keynote speech, 15th World Convention on Tobacco or Well being, Singapore, 20 March 2012

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Tobacco business opposition

What’s the «tobacco business»? The “tobacco business” consists of producers, importers and distributors of tobacco merchandise and processors of tobacco leaf – a complete group of companies whose solely objective is to make earnings, immediately or not directly, from tobacco merchandise.

The tobacco business has energetically promoted tobacco gross sales, regardless of understanding for many years that tobacco use and publicity to secondhand tobacco smoke broken folks’s well being. Regardless of a promise to research and share all analysis findings with the general public, made in 1954 (1), the tobacco business has hidden the details from the general public and continues to disclaim the total affect of tobacco merchandise so as to preserve earnings and enhance gross sales. Dependency on tobacco is engineered, within the case of smoking, by cautious, calculated formulations of greater than 1000 chemical and different substances (2,Three). The tobacco business sells a product that, in contrast to another authorized business good, kills as much as half its common customers when consumed as directed by the producer.

“I need to remind governments in each nation of the vary and pressure of counter-tactics utilized by the tobacco business – an business that has a lot cash and no qualms about utilizing it in probably the most devious methods possible.” Dr Margaret Chan, on the launch of the WHO Report on the worldwide tobacco epidemic, 2008

The tobacco business places earnings earlier than folks

There’s a elementary and irreconcilable battle between the tobacco business’s pursuits and public well being coverage pursuits. In a single nook, the tobacco business produces and promotes a product that has been scientifically confirmed to be extremely addictive, to hurt and kill many and to provide rise to quite a lot of social ills, together with elevated poverty. Within the reverse nook, many governments and public well being staff attempt to enhance the well being of the inhabitants by implementing measures to cut back tobacco use. The tobacco business acknowledges the affect of those measures and actively fights in opposition to these efforts due to their unfavourable impact on its gross sales. Time and time once more, the business has used its sources to halt these public well being insurance policies the place it might probably, water them down when it can’t cease them altogether, and undermine their enforcement when they’re adopted.

The tobacco business has a long time of expertise of working away from the general public eye. Though these covert techniques proceed, lately tobacco business opposition has turn into extra aggressive and overt. It more and more consists of direct counter-action in opposition to insurance policies and techniques contained in, and promoted by, the WHO FCTC (Four). The target is to increase the tobacco business’s sphere of affect with the purpose of reaching all ranges and sectors of presidency, in addition to nongovernmental teams together with the personal sector and civil society, whereas making an attempt to seem earlier than politicians and the general public as indispensable contributors to financial and social welfare.

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“Techniques geared toward undermining anti-tobacco campaigns, and subverting the WHO Framework Conference, are now not covert or cloaked by a picture of company social accountability. They’re out within the open and they’re extraordinarily aggressive.” Dr Margaret Chan, keynote speech, 15th World Convention on Tobacco or Well being, Singapore, 20 March 2012

Types of tobacco business interference

In its efforts to derail or weaken sturdy tobacco management insurance policies, tobacco business interference takes many types. These embody:

• manoeuvering to hijack the political and legislative course of;

• exaggerating the financial significance of the business;

• manipulating public opinion to realize the looks of respectability;

• fabricating help by way of entrance teams;

• discrediting confirmed science; and

• intimidating governments with litigation or the specter of litigation.

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In a presentation to the Philip Morris Board of Administrators in 1995, the then Senior Vice-President of Worldwide Regulatory Affairs of the corporate acknowledged: “Our objective is to Help form regulatory environments that allow our companies to attain their goals … [fighting] aggressively with all accessible sources, in opposition to any try, from any quarter, to decrease our capacity to fabricate our merchandise effectively, and market them successfully …” (5).

The vary of methods utilized by the tobacco business, then and now, to affect the political and legislative course of consists of conspiring with lobbyists to advertise self-interested choices in choice to those who serve the general public good. Present proof suggests, for instance, that in a number of international locations the tobacco business tried to undermine the nation’s place within the negotiation of the WHO FCTC and continues to try to derail the treaty’s implementation (6,7,Eight,9,10,11, 12,13,14). The techniques utilized by the tobacco business included: the inciting of controversy between monetary, commerce and different ministries on one facet and the well being ministry on the opposite facet; using enterprise associations and different “entrance teams” to foyer on the business’s behalf; and the securing of business entry to the WHO FCTC negotiations by way of its nicely established hyperlinks with the Worldwide Group for Standardization (15). Different proof reveals that the business has sought to weaken laws in lots of international locations in all areas of the world.

Manoeuvering to affect political and legislative choices additionally includes: creating and exploiting legislative loopholes; demanding a seat at authorities decision-making tables; selling voluntary regulation as an alternative of laws; and drafting and distributing pattern laws that’s beneficial to the tobacco business. There have been instances of business representatives really writing the language of tobacco management and different laws, to make sure that any regulatory measures wouldn’t be too restrictive on the business’s aggressive advertising practices (16,17).

One other frequent technique is coming into into business partnerships with completely different branches of presidency to fund joint initiatives, similar to border patrols to forestall illicit commerce, sports activities programmes for kids, help for conferences and occasions and sponsoring of conferences that play on human rights issues and condemn regulatory initiatives.(18, 19, 20). Different methods embody making political marketing campaign contributions, chalking up favours by financing authorities initiatives on different well being points and defending commerce advantages on the expense of well being. All these methods, together with the claims of wanting “cheap” regulation that’s ineffective, give the business fixed entry to people in energy and the potential to control the policy-making course of.

Manoeuvering to hijack the political and

legislative course of

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The tobacco business boosts its efforts to intervene within the political course of by exaggerating its personal contribution, expressed by way of employment, tax contributions and different financial indicators, to the financial system of a rustic, area, province or municipality. Not solely is the financial info over-hyped, but it surely additionally ignores the unfavourable financial affect of tobacco use, together with the drain on the general public purse attributable to the necessity to deal with the tens of millions of individuals bothered by ailments attributable to tobacco.

The business claims, for instance, to generate a excessive degree of direct and oblique employment. It opposes tobacco management measures on the grounds that they might have a unfavourable affect on employment and subsequently on the nation’s financial system. Utilizing this argument, the business lobbies in opposition to tobacco tax will increase, predicting catastrophic penalties for its enterprise. In actuality, proof has proven, at the least up to now, that job losses within the tobacco sector have little to do with stricter tobacco management measures. A current publication (21) highlights how the tobacco business lobbied in opposition to cigarette taxation and tariffs on the pretext that diminished manufacturing prices would protect jobs. Regardless of acquiring tax benefits, the business nonetheless reorganized and consolidated its manufacturing processes, resulting in job losses within the sector. In truth, even when its calls for are met, it isn’t unusual for the business to threaten to shut a manufacturing unit or division and transfer elsewhere, regardless of its claims to social dedication and accountability.

Sound financial research present that business claims of potential job and different financial losses ensuing from stricter tobacco controls are considerably overstated anyway; in truth, these losses are negligible. If consumption declines, job losses in tobacco-dependent sectors, are greater than offset by will increase in employment in different sectors with no unfavourable affect on the general financial system (22).

Exaggerating the financial significance

of the business

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Public opinion governs the workings of our society, and the tobacco business devotes appreciable sources to making an attempt to twist it. The business is conscious that the views of tens of millions of individuals every single day are influenced by the mass media. The tobacco business makes use of public relations corporations and different teams to concoct and spin the information to advertise its deadly enterprise. Public relations corporations have typically been utilized in an try to control the media and public opinion about numerous points of tobacco management and to assemble the help of individuals who oppose authorities “intrusion” in enterprise and taxation, thus instigating normal antiregulatory and antigovernment views.

Nevertheless, the primary manner of manipulating public opinion is company social accountability (CSR) exercise, also referred to as “social funding”. Whereas CSR actions in lots of industries replicate an trustworthy dedication to behave ethically and contribute to financial growth, whereas bettering the standard of lifetime of the workforce, the area people and society at giant, for the tobacco business it’s a self-serving technique. CSR actions by the tobacco business might embody ineffective youth smoking prevention campaigns which permit the business to current itself as “caring” for the very kids to whom it additionally markets its lethal merchandise. The business takes pains to help social programmes for tobacco growers and their youngsters and unrelated social causes similar to programmes to fight home violence in opposition to ladies, catastrophe reduction efforts and environmental causes and teams. Each time a gaggle accepts funds from or works with the tobacco business, the business claws again among the respectability it has misplaced by way of the social, financial, environmental and well being injury attributable to its merchandise. In abstract, the tobacco business makes use of CSR to say that it cares for society and the surroundings and to current itself as a accountable member of society.

These CSR efforts intervene with well being coverage by successful goodwill for the business amongst politicians and the general public. The business makes use of CSR to seduce teams not associated to tobacco – generally not even associated to well being – into turning into business allies. On this manner, when there are makes an attempt to manage tobacco advertising, for instance, the business can name on a number of organizations that are nicely disposed in direction of it, or in its debt, to talk on its behalf.

This phenomenon has lately been seen in international locations from areas as various as Africa (23) and Europe (24), the place representatives of tobacco firms complained proposed ban on sponsorship, a acknowledged type of advertising, was dangerous and pointless. A refrain of protests from charities supporting causes similar to psychological well being and look after the aged was then quoted within the media and introduced as opposition to proposed laws banning tobacco advertising. Media studies centered on the lack of earnings for the charitable organizations, and never on the well being positive aspects to be made by limiting tobacco advertising.

Manipulating public opinion to realize the looks

of respectability

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Years of deception have so remoted the tobacco business from enterprise and residents that it must simulate help. To this finish, the business makes use of entrance teams. Entrance teams are organizations that purport to serve a public trigger whereas really serving the pursuits of a 3rd social gathering, generally obscuring or concealing the connection between them. The tobacco business makes use of phony “grassroots” teams to provide an impression of social help for its pursuits, usually “people who smoke’ rights” teams, “residents’ rights” teams and enterprise teams.

“People who smoke’ rights” teams are created and promoted behind the scenes to protect the social acceptability of smoking and communicate out for permitting smoking in public locations. Philip Morris proposed adopting quite a lot of personas: “Generally we might want to communicate as unbiased scientists, scientific teams and businessmen; at different occasions we are going to discuss because the business; and, lastly, we are going to communicate because the smoker” (25). Since smoke-free insurance policies are extensively supported by most people, the “people who smoke’ rights” teams attempt to preserve a “controversy” about secondhand smoke within the social enviornment and focus the talk on the smoker moderately than the tobacco business or the dangerous results of the smoke itself. “People who smoke’ rights” teams oppose clear indoor air legal guidelines and insurance policies, and take a stand on different points as nicely, similar to tobacco taxes and promoting bans (26).

Enterprise entrance teams are used to argue that tobacco management insurance policies trigger financial injury to the companies they declare to characterize. The tobacco business is thought for funding tobacco growers’ associations and creating or funding restaurant or bar organizations to oppose smoke-free measures within the hospitality sector. Their function is to insist that banning smoking would value them enterprise and to create an aggressive mentality in legit restaurant and bar operators in opposition to authorities smoke- free insurance policies. The tobacco business has additionally created entrance teams to oppose shopper regulation, depicting it as an assault on particular person freedom. It describes these regulation efforts as a part of the “nanny tradition” led by a “rising fraternity” of meals and anti-tobacco “cops”, “well being care enforcers”, “anti-meat activists” and “meddling bureaucrats” who “know what’s finest for you” (27).

Fabricating help by way of entrance teams

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The scientific proof concerning the hurt attributable to tobacco and secondhand smoke is so sturdy and in depth that the business must discredit it so as to get round or weaken tobacco management laws. “Doubt is our product”, a cigarette government as soon as noticed, “since it’s the finest technique of competing with the ‘physique of truth’ that exists within the minds of most people. It is usually the means of creating an argument” (28).

The efforts of the tobacco business to disclaim the deadly results of secondhand smoke are well-known. For many years the business has recognized that secondhand smoke is poisonous. One firm, for instance, privately carried out in depth analysis on secondhand smoke in a secret laboratory and demonstrated its toxicity (29,30). It then designed a world programme with different tobacco firms, hiring scientists and lobbyists to dispute scientific proof about well being dangers. The business employed scientists and briefed journalists, authorities officers and members of the scientific group so as to maintain them confused concerning the hazards posed by tobacco and secondhand smoke. The vast majority of tobacco firms proceed to disclaim that secondhand smoke kills (31,32).

Whether or not it’s creating confusion concerning the harms of secondhand smoke, the addictiveness of nicotine or the deleterious results of smoking, the tobacco business’s duplicitous techniques have spawned a multimillion-dollar business which dismisses analysis carried out by the scientific group as “junk science”. Employed consultants have more and more tried to skew the scientific literature, and have manufactured and magnified scientific uncertainty, so as to divert coverage choices to the business’s benefit. In doing so, they haven’t solely delayed motion on tobacco management, however have weakened public well being safeguards and put up limitations which make it tougher for lawmakers, authorities companies and courts to answer future threats.

Discrediting confirmed science

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An often-used menace, more and more carried out, is the specter of authorized retaliation in opposition to a particular coverage or set of insurance policies. This may be at any degree, from international to native. The tobacco business, using a veritable military of attorneys, threatens authorized motion in opposition to governments over tobacco management insurance policies that threaten its earnings. Authorized arguments typically Question Assignment the constitutionality of any coverage measure or laws, declare that due course of was not adopted within the part that preceded the adoption of laws and argue in opposition to any implementation or regulatory language that follows adoption.

For the reason that entry into pressure of the WHO FCTC, home authorized challenges by the tobacco business and its entrance teams have increasingly often failed, as courts cite the treaty because the authorized basis for sturdy tobacco management laws. Just lately, the business has shifted its litigation technique, scaling up using worldwide bilateral or multilateral agreements to problem a rustic’s tobacco management coverage within the courts. For instance, the tobacco business has lately introduced actions in opposition to Australia, Norway, Uruguay and different international locations which have launched harder tobacco management measures according to the WHO FCTC. The business has pursued these governments by way of worldwide mechanisms and utilizing bilateral funding agreements. Evidently these intimidation techniques are intentionally designed to discourage different international locations from introducing related tobacco management measures (33).

Intimidating governments with litigation or

the specter of litigation

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Tobacco business interference: at all times and all over the place a menace to public well being

Whatever the form or kind it takes, tobacco business interference is at all times designed to thwart makes an attempt to curb the tobacco epidemic and its unfavourable social, financial, environmental and well being penalties. Whereas there’s a rising consciousness of the tobacco business’s unceasing makes an attempt to sabotage public well being, it’s much less well-known that tobacco firms typically work hand in glove with their business opponents to maintain regulation to a minimal and acquire advantageous circumstances from the federal government to Help them run their companies.

Three issues to bear in mind about tobacco business interference:

• it isn’t at all times apparent;

• it isn’t at all times within the space of tobacco management; and

• it isn’t at all times even within the space of well being.

Tobacco business interference is a menace to public well being, whether or not the business is personal or state- owned. So all international locations have to be conscious and take motion in opposition to tobacco business interference. WHO acknowledges that the tobacco business makes use of backhanded strategies to thwart tobacco management ef- forts, and urges governments to stay:

“… alert to any efforts by the tobacco business to proceed its subversive observe and to guarantee the integrity of well being coverage growth in any WHO assembly and in nationwide governments.” (World Well being Meeting decision WHA54.18, 2001) (34)

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How one can beat tobacco business interference

Happily, to deal with this international menace there’s a international resolution. A whole of 173 international locations plus the European Union (comprising virtually 90% of the world’s inhabitants) have already agreed to implement a world treaty, the WHO FCTC, that units out insurance policies geared toward controlling this epidemic of illness, loss of life and struggling. International locations which can be Events to this treaty acknowledge the tobacco business as a serious barrier to attaining international well being and have dedicated themselves to overcoming this barrier, as proven by Article 5.Three of the treaty (35).

WHO Framework Conference on Tobacco Management, Article 5.Three

“In setting and implementing their public well being insurance policies with respect to tobacco management, Events shall act to guard these insurance policies from business and different vested pursuits of the tobacco business in accordance with nationwide legislation.”

As a result of the business interferes in all international locations, these international locations that aren’t but a Get together to the WHO FCTC are additionally urged to counteract the business’s malicious interference and refuse to offer it with a protected haven for its enterprise and litigation.

Everybody may also help. Governments, nongovernmental organizations, academia and particular person residents can all act to place an finish to tobacco business interference.

Governments should act to guard public well being from tobacco business interference

All of the Events to the WHO FCTC have agreed on methods to cease tobacco business interference. They’ve adopted Pointers for the implementation of Article 5.Three of the WHO FCTC (36), primarily based on 4 rules:

Precept 1: There’s a elementary and irreconcilable battle between the tobacco business’s pursuits and public well being coverage pursuits.

Precept 2: Events, when coping with the tobacco business or these working to additional its pursuits, needs to be accountable and clear.

Precept Three: Events ought to require the tobacco business and people working to additional its pursuits to function and act in a way that’s accountable and clear.

Precept Four: As a result of their merchandise are deadly, the tobacco business shouldn’t be granted incentives to ascertain or run their companies.

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Primarily based on these rules, governments ought to take motion to forestall tobacco business interference in tobacco management and public well being. They need to talk info related to the tobacco business to policy-makers, decision-makers and stakeholders and set up coordinated approaches involving all sectors of the federal government to advertise full accountability and information all interactions with the tobacco business, guaranteeing that these interactions are restricted to what’s strictly needed and transparently disclosed. A monitoring system for the tobacco business, with related exchanges of data at regional and international degree, needs to be thought-about as an necessary software to implement the Article 5.Three pointers.

Extra particularly, in making use of the Article 5.Three pointers, governments ought to:

• Increase consciousness concerning the addictive and dangerous nature of tobacco merchandise and about tobacco business interference with tobacco management insurance policies.

• Set up measures to restrict interactions with the tobacco business and make sure the transparency of these interactions that do happen.

• Reject partnerships and non-binding or non-enforceable agreements with the tobacco business. Not settle for funds or Help from the tobacco business. Not help or endorse tobacco business makes an attempt to arrange, promote, take part in or implement youth, public schooling or different initiatives which can be immediately or not directly associated to tobacco management.

• Require that info offered by the tobacco business be clear and correct. Require the tobacco business and people working to additional its pursuits to submit common, truthful, full and exact info on tobacco manufacturing, manufacture, market share, advertising expenditures, revenues or another exercise, together with lobbying, philanthropy and political contributions, in addition to the disclosure or registration of tobacco business entities, affiliated organizations and people performing on their behalf, together with lobbyists.

• Denormalize and, to the extent doable, regulate actions described as “socially accountable” by the tobacco business, together with however not restricted to actions described as “company social accountability”.

• Keep away from giving preferential remedy to the tobacco business.

• Deal with state-owned tobacco firms in the identical manner as the remainder of the tobacco business.

• Keep away from conflicts of curiosity for presidency officers and workers. Governmental motion on this space ought to embody:

– mandating coverage on the disclosure and administration of conflicts of curiosity, binding on all authorities officers, workers, consultants and contractors; – implementing a code of conduct for public officers which prescribes the requirements with which they need to comply of their dealings with the tobacco business; – prohibiting contributions by the tobacco business or any entity working to additional its pursuits to the coffers of political events, candidates or campaigns, or at the least requiring full disclosure of such contributions.

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Nongovernmental teams and academia want to watch and denounce interference Nongovernmental teams and academia have an important function in implementing the WHO FCTC and Article 5.Three pointers. In truth, any establishment may also help to counteract tobacco business interference. Listed here are some doable actions:

• Determine the potential allies and entrance teams of the tobacco business, utilizing legislative and regulatory processes, along with any authorized instances.

• Monitor whether or not the tobacco business is complying with nationwide rules and legal guidelines.

• Denounce business interference to the media, parliamentarians and authorities.

People: everybody may also help

• Concentrate on the methods the tobacco business interferes. Be taught its methods and be vigilant.

• Use social media to tell others of tobacco business interference and share your opposition to it.

• Denounce tobacco business interference whenever you see it.

• Be a part of nongovernmental teams working to cease tobacco business interference.

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FURTHER READING

• Article 5.Three pointers: http://www.who.int/fctc/pointers/article_5_3.pdf

• Tobacco business interference with tobacco management (WHO publication): http://www.who.int/tobaccopublications/business/interference/en/index.html

• WHO FCTC Implementation Database with info on implementation of article 5.Three by nation http://apps.who.int/fctc/reporting/database and http://www.who.int/fctc/reporting/party_reports

• Worldwide Union In opposition to Tuberculosis and Lung Illness. Article 5.Three toolkit: http://www.tobaccofreeunion.org/belongings/Article%205_3/Flyer%20Design%20%28net%29.pdf

• Southeast Asia Tobacco Management Alliance Tobacco Management Useful resource Middle: http://www.seatca.org/index.php?choice=com_content&view=part&structure=weblog&id=12&Itemid=93

• WHO Regional Workplace for the Japanese Mediterranean publications on the tobacco business: http://www.emro.who.int/tfi/InPrint.htm

– Tobacco business actions in Pakistan: 1992 – 2002 – Overview of tobacco business actions within the Japanese Mediterranean Area: an introduction, 2008 – Overview of tobacco business actions within the Japanese Mediterranean Area: the tobacco business’s techniques and plans to undermine management efforts in Egypt and North Africa, 2008 – Overview of tobacco business actions within the Japanese Mediterranean Area: the cigarette “transit” street to the Islamic Republic of Iran and Iraq: illicit tobacco commerce within the Center East, 2008 – Overview of tobacco business actions within the Japanese Mediterranean Area: voice of reality, 2008

• Pan American Well being Group publication: Earnings over folks: tobacco business actions to market cigarettes and undermine public well being in Latin America and the Caribbean, 2002: http://www.paho.org/English/DD/PUB/profits_over_people.pdf

• College of California San Francisco library: Analysis into tobacco business exercise: http://www.library.ucsf.edu/tobacco/exercise

• Framework Conference Alliance studies on tobacco business interference: http://www.fctc.org/index.php?choice=com_content&view=class&structure=weblog&id=44&Itemid=206

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World Well being Group Tobacco Free Initiative

20, Avenue Appia 1211 Geneva 27

Switzerland

Phone: +41 22 791 4426 Fax: + 41 22 791 4832 E-mail: tfi@who.int

www.who.int/tobacco

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www.who.int/tobacco