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TI Interference with policymakers to prevent ban on e-cigarettes

The giant tobacco companies are interfering in policy to prevent e-cigarettes coming under the legal framework. As the tobacco control law of Bangladesh or any other law does not directly cover e-cigarettes, the tobacco industry is making extensive use of loopholes in the law and intervening at the policy making level to expand the market of e-cigarette products, by ensuring that they are not banned by law or face even the slightest legal hurdle.

Giant tobacco companies are interfering in policy to prevent e-cigarette from being banned. The study found the presence of the tobacco lobby in various sectors.

The study found the presence of the tobacco lobby in various sectors, including at the highest policy-making level. Tobacco companies even spend huge amounts for this purpose. Industry interference threatens the tobacco-free goal in Bangladesh (91). Some of these interventions by the tobacco industry are discussed below.

1. Efforts to build public opinion and attract policymakers’ attention

The tobacco industry began applying various tactics to rapidly expand the e-cigarette market in Bangladesh following the prime minister’s announcement of making Bangladesh tobacco-free by 2040. TI wants to convince policymakers that, ‘Vaping is the perfect tool to achieve the goal because it is 95% safer than cigarette smoking (92).’

Many tobacco companies, particularly the leading tobacco companies, organize various events to promote the e-cigarette, while many events are organized by other platforms in collaboration with giant tobacco companies.

The tobacco industry wants to convince policymakers that vaping is the perfect tool to achieve its goal because it is safer than smoking e-cigarettes.

Some tobacco companies began arranging a vaping festival to promote the e-cigarette. These public events are arranged to build public opinion in favour of e-cigarettes and to attract the attention of policymakers so that e-cigarettes are not banned in Bangladesh or face any other hurdle.

Bangladesh Electronic Nicotine Delivery System Traders Association arranged a press conference in Dhaka for allowing e-cigarette in Bangladesh.

In many cases, the tobacco industry is more successful in promoting other tobacco products, including cigarette and chewing tobacco products. In some cases, the tobacco companies have to play a tactical role in promoting other tobacco products due to legal obligations, but they are marketing e-cigarette with relatively less strategy and earning a lot of money.

BENDSTA (93) arranged a press conference at Kawran Bazar in Dhaka demanding the government stop its move to ban the e-cigarette through an amendment to the tobacco control law. BENDSTA and some other platforms and individuals have been continuing efforts and campaigning for the e-cigarette. Schumann Zaman, president of BENDSTA, is one of the campaigners.

He imported e-cigarettes first in Bangladesh in 2012 (94). He has repeatedly called upon the government not to ban the e-cigarette, saying that “Vaping is 95 per cent safer than smoking a conventional cigarette. This is proven to be an effective ‘quit smoking’ tool (95).”

The tobacco industry also uses many other persons to achieve their purpose. A video interview of Dr Rajib Hossain Joarder, a surgeon at the Dhaka Medical College and Hospital, was posted on the Facebook page of Voice of Vapers Bangladesh where Dr Rajib, sitting at Zaman-owned Vapor Cloud outlet in Dhaka, endorsed vaping as ‘100 per cent safe’ (96). Dr Rajib Hossain Joarder has been accused of campaigning in favour of vaping as he has been claiming that vaping industry is booming and those who are talking against them do not have a legitimate logic (97). The doctor applauded Voice of Vapers Bangladesh as a very effective initiative (98). He wrote a column in a leading English daily in favour the e-cigarette, saying that 2 out of 3 cigarette smokers in Bangladesh can quit through the use of vape, which is 95% less harmful (99). Such efforts of Dr Rajib Hossain Joarder and others are the part of tactics to make public opinion and draw the policymakers’ attention in favour of e-cigarette.

2. TI uses anti-tobacco organizations to further its interests

Alongside its other efforts, the tobacco industry tries to use some anti-tobacco organizations to achieve its ends. The industry tries to convince anti-tobacco activists, policymakers and others by presenting its narrative that ‘e-cigarettes, vaping and heated tobacco products as safer alternatives (100).’ For example, a platform of anti-tobacco organizations wrote letters to several government offices and departments defending e-cigarette and tobacco companies (101).

The statement written was issued protesting letters sent by some
anti-tobacco campaigners in favour of e-cigarette.

The letters were written in 2020. However, some other anti-tobacco campaigners of the platform did not support the letters. On May 14 in 2020, they issued a statement protesting the letters sent by some of their colleagues. The statement was issued in Bengali language. Is has been possible to collect a copy of the press statement. A picture of this letter can be seen on this page.

3. Efforts to thwart the government’s plan to ban e-cigarettes

The import and marketing of e-cigarette are not prohibited in Bangladesh due to lack of proper laws. For the same reason, no government or non-government organization is in the role of quality regulator of this harmful product. However, after the ban on e-cigarettes in India in 2019, the Ministry of Health and Family Welfare in Bangladesh planned to impose a ban on the product (102). The step was not implemented due to objections from some other ministries. It has been reported that the ministry is now moving forward to amend the national tobacco control law where the e-cigarette issue is in the plan of covering.

The tobacco industry tries to use anti-tobacco activists and anti-tobacco organizations to achieve its ends. This has resulted in a platform of anti-tobacco organizations writing letters to several government offices and departments defending e-cigarettes.

Tobacco and nicotine companies are now working hard to thwart the government’s plan to amend the ‘Smoking and Tobacco Products Usage (Control) (Amendment) Act, 2013’ and the planned provision to ban the e-cigarette. The National Tobacco Control Cell (NTCC) under the Ministry of Health and Family Welfare is leading on the matter. The NTCC invites public opinion over the move to amend the tobacco control law. While most opinions are submitted against tobacco, some opinions are also submitted in favor of all kinds of tobacco products, including e-cigarettes. Opinions that are pro-tobacco are mainly given by staff of tobacco companies or people working on their behalf.

The plan of the Ministry of Health and Family Welfare to ban e-cigarettes is not being implemented due to objections from some other ministries.

According to NTCC sources, a large portion of the opinions submitted supporting tobacco are fraudulently submitted under false names or in the names of people who themselves don’t know anything about the matter. Link of a video in this regard is mentioned (103) where many have said that their signatures were forged and opinions were submitted in their names but they know nothing.

While public opinion is invited to amend the tobacco control law, some opinions are submitted in favour of tobacco products, including e-cigarettes, which are mainly given by staff of tobacco companies. Many of the opinions submitted fraudulently.

Tobacco companies are also using various platforms to thwart the government’s plan to impose a ban on e-cigarettes. Voice of Vapers Bangladesh is working hard for the tobacco industry. The recently launched platform began a ‘Sign the Petition’ campaign to press home various demands, including the key demand– ‘establishing vapers’ rights in Bangladesh (104).

The picture shows the theme of Voice of Vapers Bangladesh who works for tobacco industry

The platform holds a theme- Save saving, save Bangladesh. It is a completely confusing and misleading slogan. However, the Voice of Vapers Bangladesh has already arranged a webinar on the theme. The platform is implementing various other programmes for promoting e-cigarette in Bangladesh.

4. CSR activities for getting closer to policymakers

Since the promotional activities for any tobacco product are banned in Bangladesh, the tobacco industry uses corporate social responsibility (CSR) programmes to promote e-cigarettes and other products. The tobacco industry uses leading companies of other sectors through CSR activities. They involved many other multinational companies in their activities.

The tobacco industry uses CSR programmes to promote e-cigarettes and get closer to policymakers. BAT and other giant tobacco companies use leading companies of other sectors through CSR activities. Grameenphone and other similar companies are involved in tobacco companies’ CSR programmes.

BAT is one of the companies who is active in involving other companies with its CSR activities. Grameenphone, the leading telecom operator in Bangladesh, and other similar companies are involved in tobacco companies CSR programmes.

For example, Grameenphone promoted the e-cigarette through its official Facebook page in 2020. Using the WHO logo, it was written in a Facebook post- ‘Coronavirus (Covid-19) doesn’t spread through e-cigarettes’ (105). It is one kind of advertisement for e-cigarettes through using the telecom operator, which has the highest number of subscribers in Bangladesh: 83.02 million (106).

The government endorses tobacco companies’ donations and CSR activities (107), which have been identified and investigated. The tobacco industry uses the CSR programmes to get closer to policymakers, government officials and administration (108). We found evidence in this regard. It was seen during Covid-19 that tobacco companies provided PPE (personal protective equipment) and other items, including hand-sanitizer, to the field administration in the name of CSR.

After providing these, the tobacco companies widely promoted these actions through social media and mass media, improving their brand image (109), and salvaging their corporate image among the public (110). As part of the CSR activities, a tobacco company donated Tk 88.82 million to the Bangladesh Sramik Kalyan Foundation (Welfare Foundation for Workers in Bangladesh) under the Ministry of Labour and Employment (111).

As various tobacco companies, including BAT, are involved in CSR activities, they also use the benefits of these activities to expand the e-cigarette market. The BAT carries out CSR activities with its slogan ‘A Better Tomorrow’. A CSR awards under the title ‘A Better Tomorrow™ CSR Summit & Awards’ began and it will be held annually organised by a media house and CSR Window (112).

BAT Bangladesh is also under the CSR Window, while the leading tobacco company joins actively the ‘A Better Tomorrow CSR Awards 2022’ (113). However, ‘A Better Tomorrow’ is the slogan of BAT and the giant tobacco company has taken trademark registration of e-cigarette products with the slogan. Through this slogan, the tobacco company tries to convince the government and policymakers by highlighting the positivity of their activities.

5. TI Legal Initiative to introduce ENDs

BAT, JTI and some other tobacco companies have been continuing efforts to expand e-cigarettes in Bangladesh legally and as well as to begin promotional activities with approval from the government. The BAT, JTI and some others that have not yet started selling products in Bangladesh come to the country and have already taken trademark registration, which is a way to force the legalization of e-cigarette business and expansion in the country without a regulatory framework.

BAT, JTI and some other tobacco companies have been continuing efforts to expand e-cigarettes in Bangladesh legally. Getting trademark registration for e-cigarettes is the tactic of tobacco companies to legalize the product. BAT has taken trademark registration with ‘A Better Tomorrow’ slogan. BAT tries to use the slogan to convince policymakers by highlighting the positivity of their activities.

Getting trademark registration for e-cigarettes is the tactic of tobacco companies to legalize the product in Bangladesh in order to expand its customers and profits. We reviewed and analyzed ‘THE TRADE MARKS JOURNAL’, published by the Department of Patents, Designs and Trade Marks under the Ministry of Industries in Bangladesh from January 2000 to December, 2021, in order to get detailed information about trademark registrations, marketing and import of e-cigarettes. The study found many trademark registrations by BAT, JTI and others, including: (114)

• British American Tobacco (BAT), Reg No. 203196. BAT gets several other registrations under some other trademarks. Such as- BAT, Reg. No. 216684 under the trademark- CRUSH SWITCH REFRESH, Date: 08/11/2017. BAT, Reg. No. 218150 under the trademark- BOOST, Date: 13/12/2017. The giant tobacco company got several other trademark registrations.
• Japan Tobacco International (JTI), Reg. No. 239612 under the trademark- COMPACT, Date: 16/10/2019. (3) China Tobacco Jiangsu Industrial Co., Ltd, Reg. No. 242357 under the trademark– SUYAN, Date: 1/6/2020. It got several other registrations.
• Philip Morris Products S.A. of Switzerland, Reg No. 200090, Date: 29/06/2016. Another Reg. No. 202580 under the trademark- TEEPS. Date: 13/12/2016. Another Reg. No. 102461 under the trademark- RAFFLES, Another Reg. No. 202461.
• John Player & Sons Limited of Ireland, Reg No. 181571 (6) Golden Leaf (Macau) Tobacco’s Manufacturing Limited, Reg. No. 203369, Date: 27/10/2016. Another Reg. No. 203370.

BAT Bangladesh has, however, taken trademark registration with the slogan ‘A Better Tomorrow’. It is the slogan of the British American Tobacco (BAT) and BAT Bangladesh is a part of world’s most international tobacco group.

Alongside the trademark registrations, some other legal initiatives, including the tax structure of e-cigarettes, have also been taken following the efforts of the tobacco industry.

Tax structure of e-cigarettes has also been taken as part of the tobacco industry’s legal initiative.

Meanwhile, data regarding importation was collected and after reviewing the data for the past few years, it is seen that the import is also increasing. The import data proves that tobacco companies, particularly BAT, are also importing e-cigarettes legally as part of their tactics to expand the novel tobacco product in the country. This way they can present the narrative to the government that they are contributing to the economy through paying tax and custom duties from e-cigarette products. However, as discussed earlier in this report, this is not a true picture. According to an estimation of BENDSTA in 2021, there are approximately 50 importers and several e-commerce sites selling e-cigarettes and vape juices in Bangladesh (115). We have a list of those who imported e-cigarette in the last couple of years where the BAT and JTI are also named (116).

Conclusion and Key Recommendations

The anti-tobacco movement in Bangladesh has gained tremendous momentum. As a result, although the number of users of tobacco products in the country is still much higher, it is not growing at the rate it could have. The rate of smokers is declining in proportion to the population. But there is evidence that e-cigarette use and availability is increasing in Bangladesh.

The tobacco companies are inspiring youths to consume e-cigarettes (117) and expanding the market. However, anti-tobacco platforms have been calling for a ban on novel tobacco products. 11 leading anti-tobacco organizations in a joint statement in 2020 demanded a ban on e-cigarettes (118). 153 MPs in 2021 wrote to the Prime Minister with the same call (119).

The tobacco industry uses various tactics to promote e-cigarettes following the PM’s commitment to make Bangladesh tobacco-free by 2040. There is evidence that companies selling e-cigarettes, including BAT, are promoting products in a way that attracts young people and non-smokers to use them. The transnational tobacco companies have a central role in introducing these products in Bangladesh and are doing so in a way that contributes to encouraging use among young people, undermines current tobacco control measures designed to protect the health of Bangladeshis, and puts corporate interests to control the e-cigarette market above evidence driven regulation of addictive products.

All the evidence together is an indication that the government should take decisive steps to curb these products and prevent the young generation and new users from becoming addicted, in order to protect the public health and wellbeing of Bangladesh and achieve a tobacco free future for the country. Based on our research, we present the following recommendations:

1. Production, import-export, promotion, marketing and consumption of e-cigarettes should be banned in Bangladesh as soon as possible through national legislation.
2. E-cigarette importation should be stopped immediately. The government should take effective steps to ensure that e-cigarettes are not imported under any other name, such as “electronic devices”.
3. Whether at the instigation of tobacco companies or otherwise, e-cigarette sales centers and other shops selling e-cigarettes should be stopped and surveillance activities should be adopted to enforce this.
4. CSR activities and events such as vaping festivals which encourage youth to vape should not be allowed.
5. Organizations that are speaking publicly in favor of e-cigarettes and encouraging people to vape by organizing events and presenting their arguments in favor of e-cigarettes to the government should be monitored.
6. The National Tobacco Control Cell (NTCC) of Bangladesh must move for banning e-cigarettes and related products. The NTCC should raise awareness over the negative impact of e-cigarettes.
7. A separate committee or section should be formed under the NTCC to prevent the tobacco industry from expanding the e-cigarette market.

Referance

91. https://bdnews24.com/bangladesh/2021/11/29/industry-interference-threatening-bangladeshs-tobacco-free-goal-study

92. Dhaka Tribune May 31, 2022 (https://www.dhakatribune.com/bangladesh/2022/05/31/experts-vaping-much-safer-alternative-to-smoking).

93. Formed in 2020, the BENDSTA is a platform represented by all major ENDS (vape) importers in Bangladesh. BENDSTA supports the vape trade and promotes the industry, vapers, policymakers, and the general public.

94. Daily Prothom Alo, 21 February 2021 (https://en.prothomalo.com/bangladesh/e-cigarettes-in-bangladesh-create-a-cloud-of-debate)

95. Daily Prothom Alo, 21 February 2021, Ibid

96. Daily Prothom Alo, 21 February 2021, Ibid

97. Rabiul Alam, Why don’t we give consumers a choice?, risingbd.com, 10 March 2021 (https://www.risingbd.com/english/campus/news/78042)

98. Rabiul Alam, Why don’t we give consumers a choice?,Ibid

99. Daily Independent, 8 November 2019 (https://www.theindependentbd.com/printversion/details/222808)

100. E- Cigarette: Threat of New dimension of Tobacco – Marketing, distribution and availability in Dhaka City, Ibid

101. We have the evidence. We talked to a responsible person of the anti-tobacco platform in this regard. However, we have a copy of the statement which was issued protesting the letters. Picture of the statement is mentioned in the report.

102. https://www.tbsnews.net/bangladesh/health/necessary-steps-will-be-taken-ban-e-cigarettes-304816

103. https://www.youtube.com/watch?app=desktop&v=1aKlCYGJN4c&feature=share

104. https://voiceofvapersbd.com/sign-the-petition/?fbclid=IwAR2BZK1bysolOyqOq0N7N5K2CwRDo5g4NgtFRF43jyzlyPZiXGPMhtzGyIQ

105. Daily Protidiner Bangladesh, April 13, 2020 (https://www.protidinersangbad.com/whole-country/214354/)

106. The Business Post, March 31, 2022 (https://businesspostbd.com/front/5g-plans-afoot-but-4g-penetrations-still-lower-2022-03-31)

107. Daily Financial Express, May 14, 2022 (https://thefinancialexpress.com.bd/national/government-should-divest-investment-from-tobacco-companies-1652528720)

108. E-Cigarette: Threat of New dimension of Tobacco – Marketing, distribution and availability in Dhaka City, Ibid

109. Daily Manabzamin, February 28, 2022 (https://mzamin.com/article.php?mzamin=317468)

110. https://www.thedailystar.net/country/news/tobacco-companies-exploit-csr-programmes-interfere-tobacco-control-activities-report-2002605

111. Daily Manabzamin, February 28, 2022 (https://mzamin.com/article.php?mzamin=317468)

112. https://barta24.com/details/national-en/166195/a-better-tomorrow

113. https://www.youtube.com/watch?v=929bJYLzBUc

114. We prepared a list of leading tobacco companies those who get trademark registration. The list attached and given through e-mail.

115. Daily Prothom Alo, 21 February 2021 (https://en.prothomalo.com/bangladesh/e-cigarettes-in-bangladesh-create-a-cloud-of-debate)

116. The list of tobacco companies that have imported e-cigarettes in the last few years and who have registered to import is attached and given through e-mail.

117. The Business Standard, 31 May 2020 (https://www.tbsnews.net/bangladesh/health/11-organisations-demand-ban-e-cigarette-87172)

118. Daily Bangladesh Post, 01 June 2020 (https://www.bangladeshpost.net/posts/11-organisations-demand-ban-on-e-cigarette-34393)

119. Daily Bangladesh Post, 8 March 2021 (https://bangladeshpost.net/posts/mps-urge-pm-to-ban-e-cigarettes-55513)

Annexure-1

Visits were paid to shops during investigation and interviewed of sellers

Annexure-2

E-cigarette brand VUSE products are sold by BAT in the following locations

Ends