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13
The Brief | Volume 19, Edition 2
[The Agitator]
one other than the tobacco company
makes the decision to sell and to sell
in accordance with law." This led the
Court to reason as the Commonwealth
is making no public announcement or
advertising on the packaging, there
could be no benefit.
Beyond this seminal case, the fight
against smoking continues. The
National Tobacco Strategy 2012-2018
pertains an overwhelming emphasis
on tackling social determinants of
smoking such as unemployment, family
breakdown and poverty; somewhat
sweeping statements that require
strategies and measures too complex
and varied to be mentioned here. What
can be said, is that to derive success
in this campaign, methods exterior to
legislative packages must be utilised.
For instance, the `My QuitBuddy' and
`Quit for You, Quit for Two' apps have
already derived 60000 downloads since
their creation. In `My QuitBuddy', users
utilise quit tips, motivational messages,
countdown reminders, record their own
messages and even a panic button
providing a range of distractions when
craving. `Quit for You Quit for Two'
helps pregnant women quit smoking
in the same way, providing them not
only with the same features of `My
Quit Buddy', but also facts about the
baby's development and ideas of what
to spend money on that is saved from
cigarettes. The Strategy recognises the
importance of harnessing social media
and pay-tv more effectively to increase
coverage of educational campaigns.
Another classic and logical technique
has already derived great success. The
premise is simple: increase a product's
cost, and watch the consumer levels
drop. Reducing the affordability of
cigarettes have been a long-standing
feature of government attempts to
reduce smoking. From January 1999
to December 2006, a dollar price
increase saw a decline of 2.6% of low
income groups from smoking, and
0.2% in high income groups. Also,
under the Pharmaceutical Benefits
Scheme this year there has been
a decrease on the price of quitting
patches for concessional and general
patients. To me, these two economic
strategies seem a winning duo. The
2012-13 Federal Budget included a
change to the duty-free concession on
tobacco products, only permitting 1/5
of the amount of cigarettes or tobacco
products previously permitted.
Aside from the economic incentives
surrounding patches, it can be
suggested that greater awareness
needs to be developed concerning
other methods available to smokers.
Electronic cigarettes are available to
the Australian market, although few
people are aware of their existence.
Although still controversial devices,
they principally remove the health
risks derived of tobacco smoke, whilst
continuing to provide the smoker with
the nicotine they crave. The World
Health Organisation has stated,
whilst in the meantime they may be
considered a useful smoking cessation
aid, this claim is not yet legitimised
by a clinical study that could manage
these devices correctly, in addition to a
regulatory framework.
Although applauding the extensive
regimes already introduced, I believe
greater attention ought to be drawn
to the jurisdictional differences
in legislation which detract from
the all-encompassing success of
other ventures such as the plain
packaging legislation. For instance,
it is conceivable that a smoker might
travel across jurisdictions, and thus
encounter differentiated rules on
smoking in particular settings. Further,
I cannot fathom how the most serious
of approaches to smoking can permit
smoker A of one state to smoke in a
given area, but forbid another to do the
same in another state. For instance,
ACT, SA and Tasmania are the only
jurisdictions to have banned smoking
in all enclosed areas of casinos. All
jurisdictions except Victoria have
banned smoking in outdoor dining
areas. In Victoria, local governments
have been left to construct delegated
legislation banning smoking in
community-specific outdoor locations.
Unbelievably, tobacco products are
continually included in retailer shopper
loyalty programs in Western Australia
and Tasmania. Even more surprising
to me, is that there is an absence of
regulatory restriction on ingredients
of tobacco products in Australia, such
as menthol and other additives which
are directly related to tolerance of the
tobacco taste.
Arriving at the occasion to conclude this
article, I have a greater appreciation
of the trying efforts of all Australian
governments and their associates
to attempt to conquer what is one
of this country's most deep-seeded
health and social issues. It is obvious
that no single legislative package will
suddenly reduce that last 15.1% to a
very idealistic zero, and that this is an
experimental and long term process. I
can be proud knowing that through the
plain packaging legislation, Australia
has labelled itself as a front runner, as
a nation taking seriously the effect that
smoking has on all facets of our society.
In the meantime, until that 15.1%
trickles down into the single digits, we
can be assured there is much to do in
attempts to penetrate the socialisation
of smoking and streamline jurisdictional
differences, in addition to harnessing
non-legal tactics to their maximum
effectiveness. For the sake of our
communities, I believe these are things
we can all look forward to.
"Unbelievably, tobacco products are continually included in
retailer shopper loyalty programs in Western Australia and
Tasmania. Even more surprising to me, is that there is an
absence of regulatory restriction on ingredients of tobacco
products in Australia, such as menthol and other additives
which are directly related to tolerance of the tobacco taste."