Tobacco Asia

66 tobaccoasia CLOSING NEWS 卷尾新闻 company selling refill cartridges for vaping intends to offer separate bottles of nicotine and flavoring for customers to mix on their own. The country's Traditional and Smokeless Tobacco Products Association, which has opposed the legislation since its inception and questioned its efficacy, neither confirmed nor denied these findings. The association also estimates that the state budget could face a loss of approximately €10 million annually. Supreme Court Rejects Tobacco Firms' FDA Challenge The US Supreme Court declined to hear a challenge by major tobacco companies against the Food and Drug Administra- tion's (FDA) mandate requiring graphic health warnings on cigarette packages and advertisements. Under the FDA's 2020 rule, health warnings must cover the top 50% of the front and back panels of cigarette packages and at least 20% of the top area in advertisements. FDA's 11 text-and-image mandated warnings include messages such as: "WARNING: Tobacco smoke causes fatal lung disease in nonsmokers," accompanied by an image of a damaged lung, and another featuring a boy with an oxygen mask stating: "WARNING: Tobacco smoke can harm your children." Several major tobacco companies, including R.J. Reyn- olds Tobacco Company, filed a lawsuit claiming that the FDA's graphic warning requirements violated the First Amendment and that the agency failed to follow proper federal rulemaking procedures. Initially, a federal judge in Texas ruled in favor of the companies, striking down the rule. However, the 5th US Circuit Court of Appeals, known for its conserva- tive leanings, reversed that decision in March. The appeals court unanimously determined that the rule "passes constitu- tional muster," citing a long-standing Supreme Court standard that permits the government to mandate commercial speech if it is "purely factual," "uncontroversial," "justified by a legitimate state interest," and "not unduly burdensome." Although the case was sent back to the lower court for further review, the companies appealed to the Supreme Court before those proceedings resumed. Lawyers representing tobacco companies argued to the Supreme Court that FDA's mandated warnings are "unprecedented in American history" and claimed they could set a precedent for similar warnings on other products to discourage their use. They described the warning images as "shocking rather than informative," asserting that the "massive and inflammatory graphics" exceed what is necessary to convey factual information. Government attorneys urged the court not to intervene, stating that the appeals court correctly upheld the rule. They argued that the warnings are appropriately tied to the govern- ment's goal of increasing public awareness of the risks associated with tobacco use and are not overly burdensome. Additionally, they highlighted that the Supreme Court should wait to address the case, as the lower court has not yet ruled on the companies' claims that FDA violated federal rulemaking procedures when implementing the requirements. The case may eventually return to the Supreme Court after further proceedings in the lower courts. Morocco Launches Plan to Reduce Tobacco Use Morocco's health minister, Amine Tahraoui, unveiled a revamped national plan to tackle tobacco use, describing it as one of the country's most pressing health issues. Addressing the House of Representatives in early January, Tahraoui highlighted the restructuring of Morocco's tobacco control program, initially established under the 2010-2019 National Plan for Cancer Prevention and Control. The updated strategy, covering 2020-2029, introduces four new measures aimed at reducing smoking and its significant impact on public health and the economy. The plan targets a 20% reduction in tobacco consumption among individuals aged 15 and older by 2029 and aligns with broader efforts to combat non-communicable diseases. Public awareness campaigns form the backbone of the initiative, focusing on educating citizens about the health risks of smoking. Australia: Illicit Tobacco Delivery Driver Syndicate Smoked Out Officers from the Australian Border Force (ABF), with vital support from Australia Post, disrupted a criminal syndicate believed to be smuggling thousands of kilograms of illicit tobacco in south-east Queensland. In July, Australia Post and the ABF launched an investigation into suspicious activities involving several parcel delivery contractors. These contractors were found facilitating the delivery of parcels to false or non-existent addresses. So far, seven parcel delivery contractors have been stood down, with additional drivers under investigation. As part of their probe, ABF officers analyzed air cargo destined for suburbs within the company's delivery catchment area. They identified 45 consignors who had imported packages to undeliverable or fraudulent addresses. Between 1 June 2024 and 21 October 2024, these consignors imported over 16,000 packages, totaling more than 111,000 kilograms, with each con- signment averaging 6.6 kilograms. On December 11, ABF officers, supported by the Illicit Tobacco Task Force (ITTF), executed s198 and s203 Customs Act 1901 warrants at a storage facility in Eagle Farm, Queensland. At the location, ABF officers questioned two individuals while searching three storage units and two vehicles. They discovered more than 586,000 cigarette sticks and 32 kilograms of loose tobacco, with many of the cigarettes concealed inside ottomans. ABF analysis of cargo data suggests the syndicate may have been evading AU$279.5 million in revenue annually. Investigations into the syndicate's importations and domestic movements are ongoing. ABF Acting Commander Troy Sokoloff, said, "The cost and community harm associated with illicit tobacco importations far exceeds the revenue evasion, even in this case where it is estimated at almost $300 million annually. The ABF is steadfastly committed to supply chain integrity and we will stop at nothing to detect, disrupt and deter criminal groups seeking to circumvent the integrity of the Australian border. "Consideration of possible charges will be made as the investigation continues – but our message to criminal groups is very simple. Do not engage in illegal activity of this nature. If you do, we will detect you and you can expect to face the full legal consequences for your actions."

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