regression of smoking bans: the case of the netherlands
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Lies van Gennip director STIVORO Dutch Expert Centre on Tobacco Control ICO-WHO Symposium 2012TRANSCRIPT
Regression of smoking bans
The case of the Netherlands
Dr. Lies van Gennip, director STIVORO,Dutch Expert Centre on Tobacco Control
Tobacco act 1990
- Public places and government buildings: smoking ban- Private sector: self-regulation
“Employees have the principal right to work in a 100% smoke-free environment. No safe threshold. A smoking ban (granting separately ventilated smoking rooms) is required.” Court decision (Breda, 25 April 2000)
Amendment to Tobacco Act 2002
“Employers are required to take measures to ensure that employees can do their work without being exposed to tobacco smoke” Tobacco Act 2002, Article 11a
All workplaces smoke-free from 1/1/2004, hospitality sector exempted.
Gideon
Nov 2004:BAT, Imperial Tobacco, Japan Tobacco International and Gallaher started ‘Gideon’ to challenge smoke-free
Gideon (Hebrew:) means"Destroyer," "Mighty warrior,“or "Feller of trees“
Gideon
Gideon used the ‘Tobacco Industry Playbook’- Ventilation- Lobby for exemptions- Postpone ban, self-regulation- Economic loss argument- Legal challenges- Litigation- Internet campaigns- Moral arguments (freedom, nanny-state)
Gonzalez & Glantz. Failure of policy regarding smoke-free bars in the Netherlands. Eur J Public Health, 2011, Dec 5 [Epub ahead of print]
Hospitality industry self-regulation
Policy Hospitality Venue 2005 target (%)
2005 results (%)
Notice at front 50 28
Smoke-free area Bars 25 11
Restaurants 25 20
Disco’s 25 9
Hotels smoke-free rooms 40 84
Hotels Smoke-free breakfast 20 78
Fast-food 25 21
Smoke-free Fast-food 20 5
Ice-cream parlors 40 33
Hospitality industry self-regulation
Policy Hospitality Venue 2006 target (%)
2006 results (%)
Notice at front 85 59
Smoke-free area Bars 40 47
Restaurants 50 58
Disco’s 40 21
Hotels smoke-free rooms 75 97
Hotels Smoke-free breakfast 40 87
Fast-food 50 67
Smoke-free Fast-food 30 14
Ice-cream parlors 70 55
Tobacco control lobby
2006-2010: “National Tobacco Control Program ”: Coalition of Ministry of Health, Heart Foundation, Cancer Society and Astma Foundation. Argued against economic loss argument and tried to end self-regulation period.
Clean Air Netherlands (CAN): 65,000 signatures to Parlement to request smoke-free hospitality sector (May 2006).
New government 2007
Minister of Health (Ab Klink): “Hospitality sector must be 100% smoke-free a.s.a.p.”
Partial smoke-free legislation
July 2008. Smoke-free legislation extended to all bars and restaurants, but smoking rooms allowed.
However: ban in small venues not supported by most political parties and challenged by politicians and hospitality sector.
Implementation campaign
Foundation ‘Save the Small Bars’
Demonstrations small bar owners
Newspaper coverage smoke-free
0%
10%
20%
30%
40%
50%
60%
70%
80%M
ar
Apr
May Ju
n
Jul
Aug
Sep Oct
Nov
Dec Ja
n
Feb
Mar
Apr
2008 2009
Economy Resistance Health
Nagelhout, G. E., Van den Putte, B., De Vries, H., & Willemsen, M. C. (2011). Krantenberichtgeving over het rookverbod in de horeca: Een inhoudsanalyse [Newspaper coverage about the smoking ban in the hospitality industry: A content analysis]. Tijdschrift voor Communicatiewetenschap, 39, 4-16.
Court cases of revolting bars
New government 2010
The first deed of Edith Schippers as Minister of Health is the reversal of smoke-free legislation for small bars without employees
Dutch television documentaryrevealed contacts betweenMinister of Health and tobaccoindustry
ITC data smoke-free bars
ITC data smoke-free restaurants
Violations of smoke-free bars and nightclubs
0
10
20
30
40
50
60
2008/2009
2009-1
2009-2
2009-3
2009-2010
2010-1
2010-2
2010-3
2010/2011
2011-1
2011-2
2011-3
2011-4
2012-1
Conclusions
- Self-regulation not effective
- Partial bans recipe for disaster
- Smoke-free must be well implemented and strictly enforced (from the start)
- Education about harm from tobacco smoke is crucial
- Prepare for the full Tobacco Industry ‘playbook’
Invitation: International Symposium
Smoke-free legislation: international research findings and lessons for the NetherlandsMaastricht, the Netherlands, October 10th 2012
Speakers: Esteve Fernández (Spain), Ute Mons (Germany), and Geoffrey Fong (Canada)
The symposium is organised in conjuction with thepublic PhD defence of Gera Nagelhout about theimpact of smoke-free legislation on smoking.
More information [email protected]