SECOND READING SPEECH FOR PROPOSED TOBACCO (CONTROL OF ADVERTISEMENTS AND SALE) ACT

19 Jul 2010

By Mr Khaw Boon Wan

Mr Speaker, Sir, I beg to move, “That the Bill be now read a Second time”.

2. The dangers of smoking tobacco are well established. Tobacco contains more than 60 chemicals that are known to cause at least 20 forms of cancer. It also contains nicotine, which makes the user feel high, causes addiction and adversely affects the cardiovascular system potentially leading to higher risk for heart attacks and strokes. Despite these well-known risks, many smokers find it hard to quit and new smokers continue to join the ranks.  The data is depressing.  Tobacco use is the leading cause of preventable death, killing more than 5 million people each year worldwide. To different degrees of success, countries have tried to stem the tobacco epidemic. 

3. Singapore was a world pioneer in tobacco control. We were the first in Asia to ban advertising in 1971 and we have been aggressive in tobacco taxation.  In 2004, we again led Asia by being the first to use graphic warnings on cigarette packs to deter smokers from lighting up. Last year, we were the first in the world to mark all duty-paid cigarettes sold here with the letters “SDPC”, for “Singapore duty paid cigarette”, as a means to combat cigarette smuggling. On efforts to get smokers to quit, the World Health Organisation recognised only nine countries, including Singapore, for their nationwide network of smoking cessation services.  As a result of these proactive efforts, our smoking prevalence, at below 14%, is among the lowest in the world. 

4. International alliance in tobacco control is growing.  In 2003, the WHO developed the Framework Convention on Tobacco Control, FCTC, to get its member states to adopt strategies and best practices aimed at reducing the demand for tobacco and regulating its supply. We signed the FCTC in 2004.  Two obligations are now due for compliance: (a) imposing a comprehensive ban on tobacco advertising, promotion and sponsorship; and (b) extending health warning labels to outer packaging, and prohibiting false and misleading packaging and labelling of tobacco products.

5. The Smoking (Control of Advertisements and Sale of Tobacco) (CAST) Amendment Bill seeks to amend the current Smoking (CAST) Act (Chapter 309 of the 2003 Revised Edition). The Bill will allow us to fulfil these obligations.

6. In addition, I am using the opportunity to further tighten our tobacco control measures.  There are two reasons for this.

7. First, smoking has increased in recent years, particularly among young adults. Between 2004 and 2007, smoking prevalence increased from 18% to 25% among young men, and 7% to 9% among young women. This is a cause for concern. 

8. Second, tobacco companies are fighting back, against the global smoking control measures, by introducing new and alternative tobacco products. Many of these products are designed to attract new tobacco users and marketed to especially appeal to the younger customers, including women. A recent article in the Wall Street Journal explained vividly how a major tobacco multinational company was transforming into a company that offers a range of smokeless alternatives, such as strips, lozenges , snus and e- cigarettes. Many of these products closely resemble confectionary items.  Clearly, the intent is for them to act as starter products that get young non-smokers addicted to nicotine. 

9. We should expect tobacco companies to want to maximise profits by seeking to grow their customer base.  Governments must however be alert to this trend and do their best to protect the people, especially the young, from the unnecessary harm of tobacco and its substitutes.  In Singapore, we have to ensure that our legislation and our control strategies keep pace with development in the industry.  We intend to go as far and as fast as other countries in our tobacco control measures, for as long as they are practical and effective.

10. Mr Speaker, Sir, let me now highlight the new provisions that are being introduced in this Bill.  First, let me deal with our two outstanding obligations under the FCTC.

Tobacco Sponsorship of the Arts

11. The current Act does prohibit tobacco advertising and promotion but it allows exemption for sponsorship of activities such as arts and cultural events. The Act allows tobacco companies to sponsor such events and activities and their sponsorship be publicly acknowledged. This exemption is in conflict with an obligation under the WHO FCTC which imposes a fully comprehensive ban on all forms of tobacco advertising, promotion and sponsorship. The removal of Section 3(2)(a) will allow us to remove this exemption clause. We have consulted MICA and they support this move.  They have been building up alternative sources of sponsorship. We will give the arts organisation a grace period till end 2010 before the removal occurs.

Tobacco packaging

The current Act requires graphic health warnings to be displayed on individual tobacco product packages sold here. The WHO FCTC, however, imposes an obligation to display graphic health warnings on all kinds of internal and external packaging.  To meet this obligation, an amendment to Section 17(1) will extend the display of graphic health warnings to outer packaging, such as the box or, carton that holds the individual packages for retail.  

Tobacco labelling

12. Under the current Act, we do not regulate on how tobacco companies label or brand their products.  Some have used terms in their product packaging or labelling that may give the impression that their product or brand is less harmful to health or less addictive.  Such terms include words like “mild” or “light”.

13. International and local studies found that consumers are misled by such terms.  They believe that these products are less harmful and that switching to these products may help them to quit smoking, when in fact this is not so.  There is no such thing as a safer cigarette; all cigarettes kill.  

14. The new Section 17A will prohibit the importation, distribution, sale or offer for sale of any tobacco product that has or is accompanied by any false or misleading packaging or labelling. Such a prohibition will allow us to fulfil another obligation to the Convention and align ourselves with many other countries with similar prohibitions.  The actual terms to be prohibited, such as “mild” or “light”, will be prescribed within the subsidiary legislation.  We will give tobacco manufacturers a grace period of 12 months from the date of gazette to effect the necessary changes.

New & Emerging Products

15. Next, let me discuss the emergence of new and alternative tobacco products.  As far back as 1993, the World Health Organisation and several countries, including Singapore, had already expressed concern over new and emerging harmful tobacco products, and had recommended banning products - such as smokeless tobacco - that were becoming available.  We amended the Act and hence Section 15 of the current Act prohibits chewing tobacco and provides prescribing powers to prohibit other smokeless tobacco products for oral use.

16. Since then tobacco companies have become even more aggressive and innovative, especially in recent years.  Today, unconventional tobacco products come in various forms – smoked tobacco such as flavoured cigarettes; smokeless tobacco such as tobacco gels; dissolvable tobacco which resembles candy; and tobacco substitutes such as e-cigarettes and nicotine water. 

17. These new and emerging products are being marketed as safer alternatives to cigarettes, but they are not.  If they contain tobacco, whether they are smoked, chewed, inhaled, sucked or topically applied, then they are potentially harmful as tobacco is carcinogenic and causes cancer.  If they contain nicotine then they are still harmful as nicotine is toxic and highly addictive.  There is a misconception that tobacco substitutes can be used as cessation aids when they have not been approved for such use.  The nicotine level in some of these new and emerging products is actually higher than that of cigarettes. With regular use, addiction can occur, leading onto smoking and even dual use of both cigarettes and the substitutes. My Ministry has studied the evidence both available internationally and locally, on the harm of tobacco use and nicotine addiction, and the appeal these new and emerging products may have to vulnerable groups, such as youths and young adults.  The evidence is substantial.

18. Almost all these new products have not yet reached our shores.  Let us take a pre-emptive step to ban them and prevent them from coming here and harming our people, especially the young. 

19. The amendment of Section 15 will allow us to prohibit them. The proposed ban will cover these categories of new products:

a. Nasal and oral snuff, of which snus and smokeless cigarettes are sub categories;

b. Dissolvable tobacco, often referred to as “tobacco pellets” or “tobacco candies” and which may also come in strips and sticks;

c. E-cigarettes, and other nicotine-based cigarettes or similar which deliver nicotine but may not contain tobacco;

d. Tobacco and nicotine gels;

e. Nicotine water, drinks and food products; and,

f. Fruit and candy flavoured cigarettes and other tobacco products such as cigarillos, beedies and “anghoon”.

20. The proposed amendment to Section 15 will also cover some future variations of emerging products by prescribing powers to the Minister for Health to allow prohibitions of future innovative products if they do not fit within the current categories. In making this amendment, we will not be alone.  The proposed prohibitions are in line with bans already imposed in several countries, including Australia, Canada, and the European Union.

Technical Amendments

21. Finally, we are taking the opportunity to make a number of technical amendments to improve the clarity of the Act and to enhance its implementation. They include:

a) Clause 3 which amends the title of the Act from “Smoking Control” to “Tobacco Control”, as many new products are smokeless;

b) Clause 4 which introduces new definitions for “emission”, “packaging”, “premises”, “tobacco product”, “tobacco substitute” and “use”;

c) Clause 6 which introduces the term “services” alongside “goods”, to extend the coverage of prohibition to sales promotion of tobacco products;

d) Clause 8 which extends the prohibition of cigarettes sold in packs less than 20 units to miniature cigars or cigarillos. Importers and local distributors will be given a grace period of 12 months from the date of gazette to effect the change; 

e) Clauses 9 to 10 which include the term “distribution” alongside “import”, “sale” and “offer for sale”, to cover the entire supply chain and ensure that distributors are also held accountable for compliance with the Act;

f) Clause 13 which clarifies officers’ roles when they carry out their enforcement duties, so that they are deemed as public servants for the purpose of the Penal Code. 

g) Clause 15 which further defines the scope and hence the penalty of obstruction to these officers during their work, so that the officers can perform their duties more effectively;

h) Clause 16 which refines the maximum composition sum of any offences under the Act, to align it with the provisions in other Acts; and

i) We are reducing the maximum allowable tar and nicotine yield levels of cigarettes from 15 mg to 10 mg for tar and from 1.3 mg to 1.0 mg for nicotine. This will align us with international best practices. Tobacco manufacturers will be given a grace period of 12 months from the date of gazette to effect the change. 

Conclusion

22. Mr Speaker, Sir. Tobacco is harmful and it kills.  We have kept our smoking rate low, relative to other countries.  But it is a constant battle with the tobacco companies which are savvy and innovative.  Our law and our control strategy must keep pace with the developments in the industry.  I seek the Members’ support for this Amendment Bill. 

23. Sir, I beg to move.