An investigation revealed that Rishi Sunak had abandoned his “legacy policy” to ban smoking in future generations due to a backlash by the tobacco industry, which included legal threats, lobbying, and a charm campaign aimed at Conservative Members of Parliament.
The UK was on track to be the first country in the world to ban smoking, for future generations. This would have been achieved via the Tobacco and Vaping Bill. Downing Street had hoped that this bill would define Sunak’s place in British politics history.
A non-profit newsroom investigating global health threats has revealed how the UK’s largest cigarette manufacturers fought against a policy that would have increased the smoking age every year by an additional year.
After months of opposition by the tobacco industry, and with the help of MPs and think-tanks that have ties to the industry, the proposal was removed from a “wash-up process when incoming governments decide which policies they want to accelerate and which ones to drop.
MPs voted for the policy, but it was not included.
Freedom of Information requests and documents reveal that four of the largest tobacco companies in the world – Imperial Brands, British American Tobacco and Japan Tobacco International – as well as Philip Morris International based in the US – warned ministers of an impending legal backlash.
Imperial and BAT claimed in a letter to Victoria Atkins (the health secretary) that the consultation process prior to legislation was “illegal” because the industry’s views were not taken into consideration.
The Department of Health and Social Care said that it didn’t need to take into account industry views. It cited guidance in a World Health Organization treaty signed by the UK which states that governments should formulate smoking policies without influence from cigarette manufacturers.
Marlboro’s owner PMI, and JTI (which makes Camel, Benson & Hedges and Benson & Hedges) said that the treaty allowed interactions with cigarette companies if “necessary”.
Imperial, the owner of Lambert & Butler and Gauloises followed its warning by sending a legal notice threatening a judicial review challenging the consultation process.
Lawyers for the government responded that legal action could “derail” legislation, which ministers thought would save tens and thousands of lives as well as billions in NHS costs.
BAT, JTI, and PMI are named in Imperial’s correspondence as interested parties, which gives them the right of co-claimants, if there is a judicial appeal.
Imperial, the company that sells more than half of the cigarettes in the UK has not yet filed court action, but the spokesperson for the company said they were “keeping the situation under close review while we monitor legislative development”.
The industry had opposed the legislation, even though it claimed publicly to want to phase out smoking.
In interviews with 2021, PMI’s CEO, Jacek Oczak, stated that the company could cease selling cigarettes in Britain within 10 years.
The UK subsidiary of the company, however, told the consultation that it “didn’t support the age of sales ban as outlined”, instead arguing for “further limitations” on “combustible cigarettes” (i.e. cigarettes) instead of an outright prohibition.
PMI said the bill could “confuse” consumers by including restrictions on certain smoke-free products, such as vapes. It added that it “firmly believed in phasing cigarettes out, to the benefits of the 6.4million adult smokers in UK”.
BAT, who has in the past advocated a “smoking-free” future, instead proposed raising age of purchase to 21.
Tobacco companies courted Tory MPs on the right and libertarian side as the government continued to push forward with its plans, despite opposition. Giles Watling attended a JTI “business lunch” in January, three month after Sunak had announced his anti-smoking policy. He attended the annual party of the company at the British Museum, London two months later.
In May, he introduced an amendment to replace Sunak’s proposal with a minimum age of 21.
JTI stated that “we are of the strong opinion that engagement leads to better and more informed policies and is, therefore, in the best interest of all parties.” Watling didn’t respond to requests for comment.
Kemi Bdenoch, the minister of business and industry, was also targeted by the tobacco companies. In March, the Imported Tobacco Products Advisory Council complained to her about “the open dismissal of industry opinions in the decision-making process”.
Tatiana Camacho was its secretary general. She accused the department of health of “taking an attitude that appears to be against the spirit and inclusion of collaboration”.
posted on X a month later that Badenoch had voted against smoking bans at their second reading. “The principle equality under law is fundamental… we should not treat legal competent adults in this manner, where people who were born a different day will have permanent different rights.”
Badenoch and two other Conservative MPs attended a luncheon and drinks reception organized by the Smoking Lobby Group Forest just days before the tobacco legislation was effectively shelved.
Beermats featuring Sunak as a babysitter were used at the Beat the Ban event held in London’s Belgravia restaurant. This was an allusion that the ban is a “nanny-state” measure.
Alexander Stafford, Badenoch’s private secretary in the parliamentary office, and Andrew Rosindell, a Conservative MP, both attended. Camacho, Richard Cleary and other tobacco lobbyists were present. Richard Cleary left Badenoch’s department in January to join Imperial.
Stafford said that he doesn’t smoke, but he opposes the ban because a “lover” of freedom, choice and information.
He and Rosindell didn’t respond to a comment request.
The Forest’s Simon Clark stated that the group did not try to convince MPs to oppose this bill becoming law, but it did give a speech outlining the group’s position.
During the consultations, the government was also under pressure from thinktanks of the right funded by the tobacco industries.
Total, 307 respondents disclosed ties with the tobacco industry. This included the Institute of Economic Affairs and Adam Smith Institute. Both received funding from JTI. The IEA also received money Imperial and BAT.
BAT, owner of Lucky Strike, Rothmans and other combustible cigarette brands, stated: “We believe that smoking combustible cigarettes poses serious health risks. The only way to prevent these risks is to not start or quit smoking.
“However we do not think that a ban on sales by generation will have the desired effect, given the serious unintended effects that are likely to occur, such as the difficulty of managing age verification and the increase in illegal trading.”
The Conservative Party did not respond to requests for comments.
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