NNA media release, sent out on Friday 26 January 2018
European Court of Justice holds hearing on ban on snus
EU institutions argued collapse in smoking in Sweden due to “healthy living” not snus
UK government said ban was “protecting public health”
Scientists say “absolutely no doubt” that snus is a key factor in fall in smoking
The EU institutions have urged the European Court of Justice to uphold the ban on the smoking substitute snus which was imposed in 1992. They were opposing an action brought by the manufacturer Swedish Match at a hearing on 25 January 2018.
The oral tobacco product is used daily by 20% of people in Sweden which was exempted from the ban when it joined the EU in 1995. Smoking in Sweden has fallen from being more than 50% in the 1960s to just 5%. This is by far the lowest level in the EU where the average for daily smoking is 24%.
Outside the EU snus is also popular in Norway which announced this month that smoking has halved in the last ten years to 11%. It has been overtaken by snus use which is now at 12%.
Counsel for the European Parliament told the court that these dramatic falls had nothing to do with snus. It was instead the result of “healthy living.” Meanwhile the European Council argued that “high levels of parental leave for men” in Sweden were reducing smoking as it meant men could not smoke as they were with their children.
The UK and Norwegian governments argued that the ban should continue with counsel for the UK saying it was “protecting public health.”
The legal action is supported by the consumer charity the New Nicotine Alliance. Speaking after the hearing its chairman Professor Gerry Stimson said: “snus has been the gateway out of smoking for both Sweden and Norway which has led to vastly better health outcomes. It is disappointing that while the UK government has shifted from opposing e-cigarettes to being an enthusiastic supporter, it has still not changed its mind on the EU snus ban which it was pivotal in instigating.”
His comments were echoed by the smoking substitutes expert Dr Konstantinos Farsalinos: "There is absolutely no doubt that access to snus in Sweden and Norway has played a crucial role in the rapid reduction of their smoking rates.”
An academic study in 2017 showed that up to 355,000 deaths could have been avoided in just one year if Sweden’s rates of smoking and snus use had been replicated in the rest of Europe.
4. World Health Organisation: snus is “considerably less hazardous” than smoking. EU Commission: the health advantages over smoking are “undeniable". US Food and Drug Administration: authorised snus after exhaustive testing
5. Two academic studies have shown that if snus were available in the rest of Europe it could save between 200,000 and 355,000 lives - every year. (Brad Rodu, 2004, Snus Commission Report, 2017) - see table on page 19 of the Snus Commission Report for annual mortality gap in your country.
On Thursday 25 January the European Court of Justice will be hearing evidence on the EU prohibition on snus which is very popular in Sweden.(1) It has driven the astonishing reduction in the country’s smoking rate from 50% to just 5%. By contrast the EU average is 24%.(2)
In Norway official figures published on 18 January showed that snus has helped to halve its smoking rate to 11% in just ten years. For the first time snus use has overtaken smoking with 12% of the population using it in 2017 compared with 10% the previous year. (3)
The EU banned snus in 1992 - Sweden was exempted when it joined in 1995. Since then health experts have increasingly opposed the ban. Along with the collapse of smoking in Sweden they have seen substantial evidence showing that snus is far safer than smoking.(4) The experts argue that snus is responsible for the sharp divergence in tobacco mortality rates between Sweden and the rest of Europe.(5)
One of them is Professor Gerry Stimson who chairs the consumer group the New Nicotine Alliance which is intervening in the ECJ action.
“I am thrilled that influential figures like Stephen Fry are challenging this absurd ban on the world’s most successful smoking substitute. Snus has been the way out of smoking for vast numbers of people and it should be available to British smokers too,” said Professor Stimson.
“There is compelling evidence that the EU ban has cost hundreds of thousands of lives,” said the Professor.
An academic study (6) in 2017 showed that the ban on snus has led to the premature deaths of up to 355,000 men a year in the EU.
1. 20% of people in Sweden are daily users of oral/chewed/nasal tobacco. See footnote on page 73 of EU Eurobarometer 2017
2. Daily smoking fell in Sweden from 8% to 5% over the last three years. The EU average fell from 25% to 24%. See page 27 of EU Eurobarometer 2017
5. Two academic studies have shown that if snus were available in the rest of Europe it could save between 200,000 and 355,000 lives - every year. (Brad Rodu, 2004, Snus Commission Report, 2017) - see table on page 19 of the Snus Commission Report for annual mortality gap in your country.
The case to overturn the ban on snus in the EU now reaches a new important milestone – a hearing at the European Court of Justice on 25th January (Case number = C-151/17).
Last year the ECJ asked all EU states and the EU Institutions to comment on the case. The court received five responses. On the 25th January our lawyer gets a brief opportunity to expand on our case before the court. Other parties also get this opportunity. And it IS brief – 15 minutes or so to put the main arguments.
But that’s not the end of the court process: after the hearing the Advocate General assigned to the case examines the arguments and evidence and comes up with a preliminary opinion for the court. The Court comes to a final decision sometime later this year.
The case was originally brought by Swedish Match. The New Nicotine Alliance asked to be joined to this case because it concerns the health of smokers in the European Union. It is not about markets and commerce, but about the right to be able to choose a safer alternative to smoking. For the NNA this case is about whether some 320,000 premature deaths from smoking can be saved in future years, as detailed by Dr Lars Ramström in his statement to the court.
The denial of access to lower risk snus leads to unnecessary deaths. The NNA believes that smokers have a right to safer nicotine products as alternatives to smoking and the right to make choices that help them avoid adverse health outcomes.
The core of the NNA’s case is that the ban on snus is both disproportionate and contrary to the right to health. There is no need for the ban, and the ban, if upheld, will continue to contribute to excess mortality from smoking in Europe.
This is the first time that a ‘right to health’ argument has been used to challenge a bad tobacco law: we argue that the Court needs to examine the compatibility of the Tobacco Products Directive with both the EU Charter of Fundamental Rights and the harm reduction obligation under the Framework Convention on Tobacco Control.
The test case scenario for the impact of snus on health is Sweden. The Swedish experience shows that snus is of little harm and, importantly, that using snus has led to the lowest death rates from tobacco related disease in Europe.
The EU tobacco legislation has perverse consequences when it comes to snus. It is based on a limited and flawed understanding of health protection. The perverse position that we find ourselves in is that in the EU smokers have a right to buy the most lethal form of tobacco – the cigarette. They do not, however, except in Sweden, have a right to buy snus.
There is thus a heavy responsibility for the court – to continue the ban and accept that thousands of EU citizens will come to an early death through smoking, or to allow smokers in the EU to freely choose to use a safer alternative to smoking.
Follow @NNAlliance on Twitter for updates
#LegaliseSnus (because) #SnusSavesLives
For more on snus and on NNA's involvement in the case see our snus campaign pages, HERE
image @ Cedric Puisney via flickr under Creative Commons Licence
As 2018 gets underway, Philip Morris International has reinforced its recent claims to be committed to a smokefree future by placing full page advertisements in three prominent and widely read UK newspapers, backed up by a website offering simple advice on alternatives for smokers. Grounded on the premise that the best thing a smoker can do is to stop smoking entirely, the company sets out some key goals which they would like to achieve to encourage those who can’t:
Offer to support Local Authority cessation services where smoking rates are highest
Seek government approval to insert, directly into its cigarette packs, information on quitting and on switching;
Expand the availability of new, alternative products in the UK.
As is to be expected, there is a certain amount of consternation from some in public health about this development from a tobacco company, but we believe that it is something that should be cautiously welcomed. As NNA trustee Sarah Jakes highlighted in her keynote speech at the e-cigarette summit in November, public health should consider what benefits harm reduction can have for smokers rather than who is providing it:
"So if you must fight the tobacco industry, fight them with truth. Make sure that their customers know that a safer alternative is available and where their customers go they will have to follow. Hold them to account. If they say they want their business to transition to safer products make sure they continue in that direction. But be pragmatic. This won’t happen overnight, and it won’t happen at all if you continually block them simply because of who they are."
On the face of it, the new campaign from Philip Morris appears as if it has potential to deliver genuine benefits, and does indeed make it clear what alternatives are available and where to find them. This is the essence of harm reduction and dovetails with the aims of the government’s commitment to ‘nudge’ policies.
We understand that there is plenty of mistrust between public health and industry, but this should not blur the end goal of ensuring that smokers who wish to switch from lit tobacco are given ample opportunity to do so and made aware of all the options they have at their disposal to get there.
We hope that government will look kindly on the suggestion to provide information to smokers in their cigarette packs, it would speak directly to them just as health warnings used to when inserted in packs in the past. Support for Stop Smoking Services is also welcome as many smokers would benefit from the advice and support they can offer because e-cigarettes can be daunting for many.
The NNA fully supports efforts to raise awareness about nicotine alternatives – it is, after all, exactly what we are set up to do – but we also realise that campaigns like the one Philip Morris has embarked upon will be controversial. We hope, however, that potential benefits from this new campaign will not be strangled by in-fighting and dogma. There will be an intense amount of scrutiny from public health, and rightly so, but it should be exercised fairly and always with the welfare of smokers in mind.
However you helped us - by sharing our posts, by making a financial donation, by giving us your time, encouragement and feedback - your support has been crucial and none of this could have happened without you.
NNA’s year in review
2017 got off to a fantastic start when the High Court in London agreed that there is a case for legal review of the EU ban on snus and allowed NNA to join the action, as intervenor. The European Court of Justice will hear the case on 25th January 2018. The NNA legal case is the first time that a ‘right to health’ argument has been used to challenge a bad tobacco control law. We hope that this example might be a springboard for challenges in other countries.
When the snap general election was announced we wrote numerous emails to politicians to ask for tobacco harm reduction to be included in the party manifestos. We had some very encouraging responses and will be writing again.
Our campaign to oppose vaping bans, Challenging prohibition, launched in December and was mentioned in Matt Ridley’s article in the Times on 18 December (reposted on his blog, here). Vaping bans send out the wrong message and managers should give very careful consideration to their vaping policies. Read more on our campaign pages here and do get involved if you can.
We travelled, a lot. NNA had a stand at Vape Jam, Vaper Expo, the Vapefindr London Vape Show and the Telford Vape show. We really enjoyed meeting with so many interesting people and welcoming new supporters at the shows . NNA trustee David Dorn gave magnificent and rousing presentations at both Vape Jam and Vaper Expo:
We are very thankful to the Vape Jam and Vaper Expo organisers for their generous financial donations. Please do visit us at our stand in 2018, NNA’s presence at Vape Jam 4 and Vaper Expo is already confirmed. We are also delighted to be supporting Glasgow School of Vape 4 - join us there on 28th January, if you can.
NNA trustees were among those who gave presentations at both sets of the GFN Dialogues, held in the UK and in Ireland this year. You can watch some of the presentations on the Global Forum for Nicotine YouTube channel, here. Look out for further GFN dialogues in 2018; they are free to attend and well worth your time. NNA trustees and associates were also very involved with the Global Forum on Nicotine conference itself, which was held in Warsaw in June.
NNA Associate Terry Walker meets with Hon Lik at the GFN
Lorien Jollye spoke at the Nanny state index conference and Sarah Jakes gave presentations at the All Party Group on E-Cigarettes, the IBVTA conference and, very memorably, gave the keynote speech at the UK E-Cigarette Summit in November:
We were also kept busy with writing submissions to consultations, including the EU consultation on tax, the Inquiry into the Use of Electronic Cigarettes and Personal Vapourisers in Australia, the CAP/BCAP consultation on changes to the regulation of e-cigarettes advertising, the proposed online sales ban in Spain, the draft act amending the tobacco act in Estonia, the Northern Ireland Age of Sale consultation, the Mayor of London Health Inequalities consultation, NICE and the UK Parliament Science and Technology Committee Inquiry into e-cigarettes.
We worked with NCSCT on The SWITCH, a series of videos “inspired by people who have switched from smoking cigarettes to vaping”, you can see them on the NCSCT YouTube channel, here. NCSCT also kindly produced this video for NNA, of our Chair Gerry Stimson airing his sensible views on vaping:
The written word
We updated the NNA position statements, see here. We’ve added loads of posts to the NNA website over the past year too, so please have a browse. NNA trustee Paul Barnes has had several articles published in Vape Lyfe magazine and in November’s edition of Vapour Magazine, all well worth a read.
The image above continued to be a common sight on our Twitter feeds, as NNA trustee Andy Morrison constantly travelled around Scotland, advocating for tobacco harm reduction. Andy and his team of experienced vapers worked mostly with Linda Bauld and her researchers on the Feasibility and acceptability of e-cigarettes as an aid to quitting smoking amongst lung cancer patients pilot study.
We were very sorry to see trustees Lorien Jollye, Heather Morgan,, Neil Robinson and Simon Thurlow go and wish them all the best in their future endeavours. We were delighted that new trustees Paul Barnes, David MacKintosh, Kevin Molloy, John Summers and Sairah Salim-Sartoni could join the Board and we are all looking forward to another dynamic year in 2018.
We were also very pleased to welcome Eddie Black,Kelvin Guy, Victor Mullin, Daniel Pidcock and Terry Walker as new Associates.
Unusually for a charity the bulk of the work is done by the trustees, assisted by just one part-time administrator. Your support is therefore crucial. NNA relies on donations from individuals and all money is used very wisely - our overheads are minimal. We are very grateful to everyone who has given so far and, as an organisation which is grounded in the principle of “nothing about us without us” we are also very proud to have earned your trust. Please visit our Donate page to see how you can help. NNA has also recently become a verified charity on Facebook so you can also now donate to us directly on there, or organise Facebook fundraisers on our behalf.
NNA is now an eBay charity so you can donate to us when you buy something or even donate the proceeds of an auction to us - as Torchy kindly did with these battery wraps
Our list of supporters is constantly growing - as it needs to. So, please encourage your friends and family to sign up. Rest assured that we don’t bombard our supporters with mailouts - even if we wanted to we simply don’t have the time.
Social media is essential for us to get the word out, please help by sharing our posts. Our Facebook page is here, so please like it and invite your friends to like it too. We are @NNAlliance on Twitter - our list of followers is growing steadily but we could always do with more. Please also consider subscribing to our YouTube channel,
So, a huge thank you from us to all of our supporters, we are looking forward to working with you to make 2018 an even better year.
On 25 January 2018 the European Court of Justice has the opportunity to end the EU ban on the world’s most successful smoking substitute.
In a hearing starting at 0930 the court will look at the legality of the EU prohibition on snus - an oral nicotine product which is very popular in Sweden (1). It has driven the astonishing reduction in the country’s smoking rate from 50% to just 5%. By contrast the EU average is 24% (2).
The EU banned snus in 1992 - Sweden was exempted when it joined in 1995. Since then health experts have increasingly opposed the ban. They have witnessed the collapse of smoking in Sweden along with substantial evidence showing that snus is far safer than smoking (3).. The experts argue that snus is responsible for the sharp divergence in tobacco mortality rates between Sweden and the rest of Europe (4).
One of them is Professor Gerry Stimson who chairs the consumer group the New Nicotine Alliance which is intervening in the ECJ action.
“Snus has been Sweden’s gateway out of smoking which has led to vastly better health outcomes. The European Court has the opportunity to open that gate to the rest of Europe,” said Professor Stimson.
“There is compelling evidence that the ban has cost hundreds of thousands of lives in the rest of Europe. The ECJ should respond with decisive action,” said the Professor.
Notes 1. 50% of people in Sweden have used oral/chewed/nasal tobacco. The EU average is 5%. See page 69 of EU Eurobarometer 2017
2. Daily smoking fell in Sweden from 8% to 5% over the last three years. The EU average fell from 25% to 24%. See page 27 of EU Eurobarometer 2017
3. World Health Organisation: snus is “considerably less hazardous” than smoking. EU Commission: the health advantages over smoking are “undeniable". US Food and Drug Administration: authorised snus after exhaustive testing 4. Two academic studies have shown that if snus were available in the rest of Europe it could save between 200,000 and 355,000 lives - every year. (Brad Rodu, 2004, Snus Commission Report, 2017) - see table on page 19 of the Snus Commission Report for annual mortality gap in your country. 5. The ECJ proceedings are case number C-151/17.
Today we are launching our Challenging Prohibition campaign to oppose vaping bans. Read on to find out why, and how you can help.
Vaping bans send out the wrong message Vaping is not covered by UK anti-smoking legislation yet every day brings more news of vaping being subjected to the same prohibitions as smoking.
Vaping bans are not just inconvenient for e-cigarette users, they are dangerous and cost lives.
Treating vaping as smoking feeds the widely-held misconception that vaping is just as harmful and deters people from switching to the far safer alternative.
Vaping policies need to be carefully considered We aren’t arguing that vaping should be permitted everywhere but we do want employers and managers to carefully consider their policies around vaping, instead of imposing the knee jerk blanket bans which are becoming all too common.
We want Public Health England to take a stronger lead in guiding employers and managers to craft vaping policies appropriate for their circumstances.
We want an end to no-smoking signs which include vaping, especially those which refer to “smoking” an e-cigarette and those which falsely state that it’s illegal to vape on premises.
We want hospitals to at least follow the recommendations of the tobacco control plan, and not to include vaping in their “smoke free” regulations.
We want vaping to carry on working for people as it has for us - which means fostering an environment where vaping is at least tolerated - though not one where vaping is used as a stick to force smokers to switch.
We need your help to make this work. Please look at our Challenging Prohibition pages, you can find them here.
The What you can do page includes actions you can take to challenge bans, such as writing to your local council, complaining to companies and helping to get positive vaping sign images into internet search results.
We have had some “vaping welcome” window stickers made up and we are selling them on eBay, here. Our Vaping welcome signs page has several sticker designs in various colours. which you can download and print or post on your social media accounts.
You may have already seen the video "a conversation about e-cigarettes". Here’s a short clip from it where Gerry Stimson, Chair of NNA, talks about why it makes no sense to ban vaping in public places, and how bans can be avoided by using simple common sense. Please share this video, where you can.
Four years ago, almost to the day, I was sat at the back of this room, vaping discreetly as requested, and trying as hard as I could to be invisible. I’d only been vaping for about 6 months but I was already an active participant in a massive consumer movement against EU regulations, which originally were medicinal in every way except in name.
Just a month before that first summit vapers had succeeded in overturning the impending regulation and they did it simply with their stories. Thousands of people wrote to their representatives in the EU parliament and told them about their switch from smoking to vaping, and the improvements that had made to their health and their lives.
In those days we felt as if we had few if any allies. Huge, multi-national industries with vested interests in either smoking or smoking cessation were lobbying against us. Vocal members of the public health community were denying the truth of our experiences and even our existence, things which we saw with our own eyes day after day.
And yet here I was, sat in a room with hundreds of others watching academics and other experts come up on this stage and say what we already knew, that vaping should be embraced, not feared and had the potential to change the lives of millions.
Passionate vapers are a diverse crowd but we all have some things in common. We want to share our experiences and protect something we love. We also want to ensure that other people will have the opportunity to make the choices that we made, when the time is right for them.
We want lawmakers to understand why that regulation they think is such a wonderful idea really isn’t. We understand this because we created this. It was vapers who took the original e-cigarette, pulled it apart and turned it into something that works. Through thousands of informal channels such as forums and YouTube reviews we pushed industry to improve designs and options and we still do so today.
The independent vaping industry has always been incredibly sensitive to the needs of consumers – and you know why? Because most of them are us. The only difference between us is the fact that their enthusiasm took them the extra step of setting up in business.
So when you see our rowdy revolution remember that what you’re seeing is people trying to stop you fucking it all up. In order to do that some of us have also had to take an extra step – to become almost full time advocates.
The challenges for consumer advocates in this area have been massive and often over-whelming. We are all ex-smokers and let me make this clear, we are resentful of the way that smokers are treated. We naturally rail against coercive methods of forcing smokers to quit, and detest the stigmatisation of smokers that always goes hand in hand with those methods.
And yet we congratulate and support those who make the switch from smoking to vaping, just as public health might anyone who successfully quits smoking. It could be said that our goals are the same – but our ideas about how we get there are often very different.
Because of these differences getting a seat at the table has often been difficult. In the UK NNA has been lucky to have the support of Public Health England, which has opened a great number of doors for us, but has also caused suspicion within the vaping community. In my time in advocacy I have been called a troll, tobacco shill and a brain damaged addict, and that’s just by people in public health, and at the same time been accused of being in cahoots with tobacco control by people on my own side of the fence. None of those things are true but it certainly makes life interesting..
Many consumer campaigns are libertarian and pro-choice in nature and vaping is certainly no exception. The phrase ‘just bugger off and leave us alone’ screams through my head on a regular basis. The freedom to choose what we want to do with our own bodies is vitally important to us, and it’s being eroded.
But vaping is more than just a pro-choice campaign. Whilst many vapers do regard it simply as a more pleasurable alternative to smoking, many others place more importance on the reduction in harm to their health, or the ability to use e-cigarettes to stop smoking. It’s not easy to represent all of these views without attracting criticism from one direction or another.
But these things are not mutually exclusive. If vaping is a pleasant alternative to smoking, people who choose to switch or take up vaping instead of smoking are minimising the harm they do to themselves, whether or not that was their intention.
And this is why engagement between vapers and public health is important for both sides. For public health vaping should be an important harm reduction tool. But like all tools, it won’t work unless you understand how and when to use it. And it won’t work for us if public health try to turn it into something that it isn’t. So what isn’t it?
The word ‘pleasure’ seems to be something of an anathema to some in public health. One of the biggest challenges for consumers is in getting regulators, and those who advise them, to understand that for a great many people vaping is not a medicine, or simply a smoking cessation intervention, it works precisely because it isn’t those things. It works because they enjoy it.
They love the personalisation that’s made possible by the diversity of the market in devices, and the thousands of flavours available. They enjoy the identity of being a vaper and the sense of community that that entails. They love that vaping is similar to smoking, but at the same time a million miles away from it.
But it’s important to remember that for many people vaping is purely functional. They can’t or don’t want spend much money on devices, aren’t interested in personalisation, or being part of a community. They just want something that works. To them all this choice can be a daunting prospect, and they may find the whole vape culture intimidating. Hell I do too sometimes.
For some of those people a good vape shop can make all the difference because they can try out products with the assistance of real world expertise and support. For others the answer may be the confidence an ecig friendly stop smoking service can offer, where they can receive impartial advice together with behavioural support.
If public health truly wants to maximise the benefits of vaping it must recognise all of these experiences as equally valid and equally valuable, as must industry. Both should be asking themselves ‘what can we add’, not ‘what can we restrict’. Start asking the right questions – not ‘does this work’ but ‘why does this work’ and how can we help more people to make it work for them.
Talk to vapers. Listen to and learn from their experiences. Get a better understanding of what motivates people to smoke and to vape (here's a hint: it’s not all, or evenly mostly, about addiction). Talk to smokers and find out what the barriers are to switching, and work out how to help them overcome them, if that’s what they want to do.
There are already researchers working in these areas, but their voices are being lost in the cacophony of politicised junk science press releases that grab the headlines every day.
One area where public health really does need to up its game is public perception, and I don’t just mean on relative risk. Tobacco Control policies have led to the stigmatisation of smokers on a scale that would not be accepted against any other minority.
The public hates smokers, and now it hates vapers – not because they believe the vapour is harmful, but because to them vapers are just those awful smokers getting around the rules. They’re vaping where they shouldn’t be and they’re not even getting horrible diseases to punish them for their bad habits.
This sort of prejudice has led to wide spread restrictions on vaping despite the fact that there is no statutory ban in this country. Many vapers don’t want the public’s sympathy just as people who have, or are trying to give up smoking. We’re used to the fact that the public has no sympathy for smokers, ex or otherwise. What vapers want is a lot more tolerance of something that barely affects anyone else.
Vapers are, on the whole, perfectly capable of working out where vaping is, and isn’t appropriate, and also of being considerate. But why should they have any respect for organisations such as the numerous NHS Trusts who, despite the fact that they apparently supported the recent Stoptober campaign which included e-cigarettes as an option, place a blanket ban on vaping, even in outside areas.
Don’t even get me started on local authorities, you can read about their abysmal efforts in a new report out two days ago from the Freedom Association.
What message do these policies send to smokers? Why should they believe that vaping is any less harmful than smoking if vaping is treated in the same way? Why would any smoker consider switching from one restricted and despised activity to another one? They may as well carry on smoking.
One of the biggest divisions between consumers and public health, and also within public health itself is the play off between reducing harm for current and ex smokers and preventing a new generation of nicotine users.
All too often it is clear that the choices which adults may make, whether that be for reasons of health, wealth or pleasure are considered less important than theoretical and most likely minimal risks to theoretical future children who theoretically may take up vaping.
Many consumers would question why a new generation of nicotine users is even a problem, seeing as there is no credible evidence that a gateway effect exists, and the world doesn’t seem to have a problem with new uptake of similar stimulants such as caffeine.
Of course, in absolute health terms it's likely to better to not inhale anything other than good clean mountain air. Or drink anything other than spring water, or eat anything other than a perfectly balanced diet which probably involves kale smoothies. But out here in the real world many of us don’t want to live like that – we want to enjoy what time we’ve got.
We want to enjoy enjoy a nice chilled glass of Sauvignon Blanc without thinking about breast cancer. We want to be able to take our kids to see the spectacle of the big red lorry at Xmas without being branded irresponsible parents. We want to be able to make our own choices based on accurate information and we want public health messaging to stop sucking the enjoyment out of everything that for us, makes life a little less dull.
But there’s more to this story. In every area I’ve just mentioned there are people whose ultimate goal is not to inform, or educate the public, or even to nudge them into making better choices. There are people in influential positions in tobacco control who are so determined to destroy the tobacco industry rather than allow it to evolve or adapt they’ll do it at any cost – including the health and wellbeing of those who might otherwise turn to safer alternatives.
No doubt the tobacco industry is deserving of its reputation, but fighting their lies with your own lies leaves only consumers as collateral damage. Don’t for one minute think you are doing smokers any favours if you lie about the safer alternatives just because the tobacco industry sells them.
All of the major tobacco companies are now investing in Harm reduced products and yes, I know that they’re still selling cigarettes and fighting tobacco control efforts around the world. But change, especially in an organisation as large and as complex as the tobacco industry, with its share holders to answer to, takes time.
Never forget that it's not just the industry who would have to transition to safer products, its smokers too. And for harm reduction to be successful on the scale that public health would like to see, smokers have to want to – as America will find out if it continues on its current course, you can’t force them. Nor should you.
So if you must fight the tobacco industry, fight them with truth. Make sure that their customers know that a safer alternative is available and where their customers go they will have to follow.
Hold them to account. If they say they want their business to transition to safer products make sure they continue in that direction. But be pragmatic. This won’t happen over night and it won’t happen at all if you continually block them simply because of who they are.
So is it possible to engage at any level with the tobacco industry and remain credible? All too often we see good people with valuable alternative views dismissed not because there is anything wrong with what they say, but with the use of smears and innuendo concerning tobacco industry influence.
Earlier this year Derek Yach announced the formation of the Smokefree Foundation, an organisation which would, basically, take a billion dollars of PMIs money and use it to fund independent research into harm reduced products. Predictably, as we heard earlier from Professor Etter, the idea has been panned by many in tobacco control. Also predictably, the idea of PMI funding a push for a ‘smokefree world’ hasn’t gone down well with pro-smoker groups.
The suspicion and antipathy on both sides is completely understandable and it’s right to be cautious, but if the foundation fails it is, once again, the consumer who loses out. Well funded studies with proper independent oversight are vital in empowering consumers to make an informed decision. They might also go a long way to counter the deluge of junk science that is constantly hitting the headlines.
Whilst giants like the FDA, the World Health organisation and even the EU Commission are sinking huge amounts of resources into funding science to support their restrictive policies on harm reduced products, other Funders, like Cancer Research UK, do seem to be asking the right questions and in the coming years we should see some really good science come through. But for many people this will be too little, too late. The damage in terms of policy and public perception will already have been done.
Consumers are impatient for good quality science and frankly, many of us don’t care who pays for it – for us, tobacco control hasn’t proven itself any more trustworthy in that area than the tobacco industry. Just think on that for a minute.
And what of the media’s schizophrenic treatment of e-cigarettes – where does that come from? Is it any surprise that the public is confused about the risk posed by e-cigarettes when almost on a daily basis they alternate between miracle cure and the work of the devil.
All too often the reason for this seems to stem from two things: policy based evidence making and research impact scores. Combine those two things with the fact that journalists rarely have time to look beyond the press release and bad news sells newspapers better than good news and you have all the ingredients for a public health balls up on a monumental scale.
But where is the accountability? When will someone pay for the harm the scaremongering is causing by denying consumers a balanced and accurate view.
Many countries, some of which are leaders in drug harm reduction, seem to struggle with the concept when it comes to tobacco. Similarly, the World Health Organisation, despite the fact that it supposedly embraces harm reduction, certainly doesn’t embrace e-cigarettes or any other tobacco harm reduction product I can identify.
We watch dumbfounded as this organisation lauds the actions of various notorious world dictators yet refuses to engage with the only stakeholders who matter – consumers.
To us, many policies around the world on e-cigarettes seem insane and to vapers in countries outside of the UK, UK vapers must seem very lucky – and maybe we seem ungrateful. Believe me we are not - but we worked hard for it.
We see what could have been. We see the choices that are taken away from people by the arbitrary and counterproductive restrictions on reduced risk products in the TPD. We see our smoking friends being put off of vaping by the appalling media coverage And where policies are formulated that would punish smokers into switching to vaping we see them becoming resentful and entrenched.
The UK is without doubt a world leader when it comes to e-cigarette policy but it has yet to get to grips with other harm reduced products. Snus is currently banned here and watching the regulators circle around heat not burn is like watching a very wary cat sizing up its prey.
There are other practically harmless nicotine products sold elsewhere in the world that are not sold here because the manufacturers fear that the regulators are hostile. The recreational nicotine landscape is shifting in favour of better public health, but the regulators are still resisting.
Whatever your view on Brexit, it may, depending on the deal we end up with, offer the UK the opportunity to revisit these regulations and replace them with something fit for purpose. Regulations which actually protect consumer safety whilst encouraging the innovation that will bring better and more attractive harm reduced products, whether those products are tobacco or pure nicotine based.
The UK could show the world how a policy of embracing and supporting private sector innovation through appropriate regulation can improve the lives of millions, but has it got the guts? It’s made a good start with the Tobacco Control Plan and the recent Stoptober campaign, but we are still shackled to the coercive policies of the past, and ideological resistance to harm reduction is still endemic in some areas.
This is the fifth e-cigarette summit. By the sixth I hope to see e-cigarettes as just one of a range of safer alternatives readily available to consumers, and I hope to see a lot more consumers finding them an attractive alternative to smoking. In order to achieve this though, there must be a greater acceptance of the (for some) uncomfortable truth that these products are first and foremost used by a great many consumers in the pursuit of enjoyment, and smoking cessation is a welcome by-product.
By all means reap those benefits for the goal of improving public health, but don’t expect a bountiful harvest if you ignore the the single most important factor in the success of vaping in creating ex smokers so far – pleasure.
Last November, the Freedom Association sent freedom of information requests to all UK councils requesting details of their policy towards e-cigarettes and produced a comprehensive report. The results were depressing but offered a snapshot of how council smoke-free policies were routinely including vaping along with smoking, despite guidance from Public Health England advising otherwise.
A year on, the Freedom Association has today released a follow-up report, based on the same questions as last year, to gain a sense of how things have changed in the intervening period. It is disappointing to note that, if anything, the overall environment for vapers working in local government has deteriorated rather than improved.
With evidence supporting vaping as a tobacco harm reduction tool accelerating in the past year, and with the government’s Tobacco Control Plan in July highlighting less harmful nicotine products as something to be embraced, it is puzzling that this information does not appear to be trickling down to authorities who are tasked with administering national public health strategies at a local level.
Public Health England guidance for all workplaces is that there is no health-based reason why vapers should be herded outdoors, let alone forced off the grounds of their employer or instructed to only use smoking shelters, yet this advice is not getting through.
Today’s report shows that there is a local authority information deficit surrounding e-cigarettes which is obstructing national efforts to increase awareness of their benefits. If the Tobacco Control Plan is to see results more widely, it is imperative that local authorities understand the beneficial role that vaping can provide for their public health obligations.
As NNA associate Clive Bates commented on reading today’s report:
“The message to councils is ‘think before you ban’. When people are vaping, it’s almost always because they’ve quit smoking, cut down or are trying to quit. Given it’s barely noticeable in most situations, maybe councils should stop treating vapers like pariahs, get behind their efforts to quit smoking, and consider the effect of forcing them back outside with the smokers."
Unfortunately, we can see from the survey of council policies on e-cigarettes that they are stuck in a punishment mindset and currently showing a lack of regard for the welfare of their staff who are choosing to switch from smoking to vaping. They need to realise that there is another, better, way that would make a significant proportion of their staff healthier, happier and maybe even more productive.
We would urge Public Health England and the Department of Health to redouble their efforts towards educating local authorities about the clear benefits of e-cigarette use, and urge local authorities to research the subject more thoroughly.
There is a plethora of positive evidence out there from well-respected organisations such as Cancer Research UK, Public Health England and The Royal College of Physicians, amongst others, that e-cigarettes are a good thing. Councils just need to be made familiar with it.
The consultation on the NICE draft guidance for Smoking cessation interventions and services is now open, you can find it here. The draft guidelines are concerned with stop smoking interventions in community settings and include recommendations on e-cigarettes. This guidance will have a huge influence on the advice which health practitioners give regarding e-cigarettes, so it’s crucial for vapers to make their views known.
Unfortunately, the consultation is open to registered stakeholders only. If you would like to comment on the consultation but are not eligible then NICE recommends you contact the stakeholder organisation that most closely represents your interests and pass your comments to them (the list of stakeholders is here).
Today the UK Government’s long awaited Tobacco Control Plan was published and is encouraging reading for those who, like us, have an interest in tobacco harm reduction. Although the plan is short on detail there is some emphasis on a pragmatic, harm reduction approach, rather than on further punitive measures intended to force smokers to quit - although those already in place are set to continue.
The plan sets out some ambitious targets, including the goal of reducing smoking prevalence in England from 15.5% to 12% (or less) by 2022. It concentrates on reducing prevalence in pregnancy, among mental health patients and on reducing variations among different regional or socio-economic groups.
The foreword to the report hails the UK’s success in reducing the prevalence, and thus the harms, of smoking. These achievements are attributed to “world leading public health measures”. However, there is one glaring omission in the list which follows - the fact that the UK is also a world leader in its pragmatic approach to vaping, a pragmatism which has led to very significant numbers of smokers in the U.K. switching to the much safer alternative. Perhaps the omission is because the U.K. Government doesn't deserve to make that claim yet, as it enthusiastically embraced the EU TPD, stands by silently whilst vape bans proliferate, and clings to the illogical ban on another risk reduced product, snus.
The latest Tobacco Control Plan though, gives us hope that at least some of these issues can be addressed. The government's commitment to review the TRPR, with a view to altering those provisions which relate to e-cigarettes, and the commitment to communicate accurate information about the relative risks of harm reduced products are, in particular, to be applauded. We hope to be heavily involved in that process.
Small regular donations from our Supporters could fund our work
NNA UK is now the go to organisation for tobacco harm reduction in the UK . With your support we are fighting back against excessive and crippling regulations and raising awareness about the use of harm reduced products - e-cigarettes in particular. We are campaigning hard against the TPD and we will also soon launch a campaign to educate and inform about vaping in public and work spaces. A tremendous amount of work is going into the battle to get the ban on snus sales overturned and the case is now with the European Court of Justice. A win for snus would be a win for vaping. Read more in our latest News update, here.
We need funds to do our work. We rely entirely on donations from individuals so, if you like what we do, please donate to NNA.
There are many ways to support us
Just £2 a month from our Supporters would fund our campaigning. You can set up a recurring payment with PayPal or standing order via our Donate page. Louise's suggestion of giving £5 a month would help us even more.
UK taxpayers: please consider filling out this short Gift Aid declaration when you donate. GiftAid increases your donation by 25%, at no extra cost to you.
You can add a checkout donation to NNA when you pay for something you’ve won on eBay.
You can also choose to donate all or part of the proceeds of your listed items to us. Torchy has very generously done this by having these NNA battery wraps produced and by selling them on our behalf. Only £2 for 10 battery wraps. Stay safe - and support NNA. Buy them here.
We are very grateful to everyone who has donated to us in the past: without you we simply couldn't do what we do.
Please do support us financially, if you can. Small amounts can have a huge impact.
Following the release of ONS figures showing a record reduction in smoking prevalence in the UK, a good deal of health and tobacco control groups have been quick to claim that the effect has been caused by the UK's strict tobacco control policies such as high rates of tax, bans on smoking in public places, display and advertising bans, health warnings and even, bizarrely, standardised packaging, which was only fully implemented less than a month ago in the UK and which still isn't having any discernible effect in Australia, which has had it for 5 years. What they are not mentioning is the effect on those figures of vaping.
At the age of 85 many smokers would probably shrug their shoulders when told that stopping smoking would be a benefit to them. Many smokers who reach that age have been smoking, in one form or another, for decades and feel it is too late to stop.
As a smoker of 69 years, one man, after being diagnosed with borderline chronic obstructive pulmonary disease in 2010 decided to at least try to minimise the number of cigarettes he smoked. Over the course of two years, Terry Walker reduced his cigarette smoking from 10 per day to just 2.
The headline statistics from the annual ASH survey on vaping appear great at first glance. Vapers now number 2.9 million in the UK and for the first time ex smokers outnumber current smokers. Is this news really all it's cracked up to be though?
NNA will be at Vape Jam next weekend and we would love to see you there. You can find us at stand G58, along with INNCO and ViP. Dave Dorn (NNA) and Judy Gibson (INNCO) will be giving presentations so look out for those too.
The Vape Jam organisers, Amir Saeed and Maria Borissova, are, for the second year running, donating all the proceeds of the raffle to NNA. We will be selling the raffle tickets from our stand. We hope this will help to spread the word to a much wider audience, as well as raise much needed funds for the NNA. We are very thankful to Amir and Maria for their generosity.
We’ll be collecting NNA Supporter sign ups so please encourage anyone who hasn’t already signed up to come along and do so. The more supporters we have the louder our voice.
We are selling these silicone NNA branded 18650 battery sleeves / condoms from the stand: attractive, useful and consistent with the harm reduction theme! We have battery safety leaflets to hand out too; many thanks to e-cigarette direct for supplying those.
And these bags, perfect for carting about all the freebies you’ve picked up over the day:
And we'll be wearing these beautiful polo shirts, very kindly ordered and paid for by vapers.org.uk:
So, if you go to Vape Jam please do stop by for a chat and a sit down (no need to buy a raffle ticket, etc!). We’d really welcome an opportunity to discuss the issues we are all facing - that’s actually the whole point of us being there.
NNA has come a very long way in two short years and we have thoroughly earned our reputation as a “go to” organisation on tobacco harm reduction. Now we need your help to achieve even more. We have never asked for money before but we need to now.
We take every opportunity to represent the interests of those who seek safer methods of nicotine use. This includes working with the media, making submissions to governments here and abroad, responding to consultations, challenging rules that make life harder for consumers, speaking at events and working with scientists and regulators. All this costs money and we depend entirely on voluntary contributions. We would like to thank everyone who has given to us in the past, your support has enabled us to achieve remarkable things.
Our Trustees and Associates have worked really hard to get NNA this far and, until now, all of NNA’s work has been done by volunteers. We have recently appointed a part-time administrator to ease some of the pressure on our Trustees and to enable our charity to grow.
Every week there are new challenges: yet more questionable science, threats of creeping prohibition and individuals and organisations that want to sow doubts and fears. We need resources to counter these.
If you support NNA’s aims and like what we do please help to fund our work. Any amount you can spare will be put to very good use. If you are a UK taxpayer please also consider signing up to Gift Aid to increase your donation by 25%. Gift Aid applies to past donations too so please sign up if you have donated to us before, even if you cannot give this time.
For all of you out there who know what my day job, is this piece won’t surprise you at all. For those who followed the development of the Tobacco Products Directive (TPD) 2014 into the UK’s transposed version, the Tobacco and Related Products Regulations (TRPR) 2016, this piece will be even less of a surprise.
For everyone else, well, this could be both an education and a shock!
Today, as part of my job, I met with two local Trading Standards Officers( aka TSO’s) in Swansea to discuss some of the“finer” points of TRPR compliance. Sorry, I can’t divulge the actual outcome because I could get fired BUT here are some of the knowledge bombs that came out of it:
1 Local Trading Standards have had no training in TRPR enforcement. Yes, you read that right. I bluntly asked one of the TSOs if they have had any training or guidance on what to look for regarding compliant and non-compliant packaging for e-liquids. One of the senior TSOs said they have not received anything from the Chartered Trading Standards Institute, the body which provides training for TSOs across the country in any consumer product or consumer service provided to the public. I even rang the CTSI, earlier in the week, to see if they have any enforcement guidance and the best they could do was to pass my inquiry onto someone that specialises in “TOBACCO CONTROL”
This is a very scary thought indeed! This indicates that local TSO’s, when visiting an e-liquid manufacturer or a vape shop, are relying on the text of the TRPR itself and their own interpretation of it. Are the MHRA (the so called “competent authority”) and the Department of Health saying “just get on with it” to local council Trading Standards departments?
2 Do you need a microscope with that?
Anyone who has been hunting for TPD compliant e-liquid products may have seen some bottles labels in miniscule writing! Are some manufacturers crazy? How can any consumer use a product safely when the lettering is even smaller than this:
THIS IS ACTUALLY REALLY SMALL!!!
I have seen some labelling text as small as 2pt, made tiny so the manufacturer can squeeze in all the silly required information. Sadly, not everyone is able to see easily and according regulations, including CLP 2008 (Article 31) and Weights & Measures Regs 2006 it should be labelled in a font size that does not result in the “loss of legibility to the consumer.” So retailers, if you ask your customers “can you see the writing on this label/box” and the answer is “No!” then check with your local Trading Standards and your supplier. This could be an issue.
3 Interpretation = Confused.com It’s been hard for manufacturers and retailers to get their heads around what the TRPR actually means. TSOs are probably going to have the same issue. As there is no guidance for enforcers, it is very likely that they will use the “Labelling”/”Product Presentation” requirements from Sections 37 and 38 of the TRPR as a checklist along with their interpretation.
I sense that term “harmonised enforcement” is a very comical thought. To put it bluntly, each local council TSO can have a different understanding of any line of the TRPR and hence enforce it differently. Here is an example of what I mean:
“(2) The unit packet and any container pack of the electronic cigarette or refill container may not include any element or feature falling within paragraph (3).
(3) An element or feature falls within this paragraph if it— (d) resembles a food or a cosmetic product; or…”
This line has already seen some enforcement in some areas of the UK, resulting in some products being seized. You might remember this photo being passed around social media last month:
Now this is where manufacturers have become confused. Does this mean that a bottle or box can’t look like something you’d find in a supermarket cereal aisle or like a bottle of your favourite perfume? More than likely! OR Does it mean that you can’t have a graphic of an apple to show that your e-liquid is apple flavoured? Who knows!
Actually this line crosses over with an existing piece of legislation known as The Food Imitations (Safety) Regulations 1989. This basically says that no product should look like (amongst other things) foodstuffs because it would be “likely to cause persons, in particular, children to confuse them with food.” So based on that line, having an apple, a marshmallow, a donut on your product packaging should not result in that product being seized by TSO’s. Yet the photo above suggests otherwise...
This a perfect example of where interpretation between different local TS can cause massive issues. Take my employer who supplies across the country: Swansea TS could give our packaging a thumbs up but a TSO in York, or anywhere else for that matter, could give the products a thumbs down. So how can this situation be avoided?
4 Let your Local Trading Standards handle it Provided that you’ve followed the guidance from your own local TSOs on packaging, (mainly because the MHRA guidance is a smidge contradictory with the TRPR itself) continue to work with them. There is an agreement between a manufacturer or retailer and the local Trading Standards department under what is known as “Primary Authority”. This has a statutory basis and if your own trading standards gives a thumbs up but another doesn’t then the discussion on the possible non-compliance is held between the two different local Trading Standards departments. Another bonus is that, depending on the Trading Standards, you might have a dedicated TSO that will deal with your company. This is not a free service but I am sure that it will offer some solace amongst all the other stresses.
I hope for the sake of vapers in the UK that manufacturers AND retailers strike up a conversation with TSO’s and continue to talk to each other. I am sure that all vapers would love to see their favourite brands and flavours in shops. I am also sure that vaping businesses want to see their brands flourish as much as possible in what has now become some sort of level playing field. The only way that EVERYONE can be made happy is to work together to get through this.
Finally, remember that Trading Standards Officers are not just “spoil sports” or “clouds of doom” who remove non-compliant or dangerous items from sale but they can also be your “right hand man” or “right hand woman” for advice.
New Nicotine Alliance Sweden (NNA Sweden) is a brand new Swedish Tobacco Harm Reduction promoting civil society, started early in 2017. NNA Sweden is an affiliate of NNA UK and NNA AU, as well as a member organisation of the global network of consumer advocacy organisations for safer nicotine products, INNCO.org.
The public launch of NNA Sweden took place at the Swedish premiere of A Billion Lives on February 7th. The premiere sported Aaron Biebert, snus advocacy crowds, vaping advocacy crowds, politicians, health economists and decision makers from the Swedish tobacco control landscape. The initial board of trustees for NNA Sweden are Atakan Erik Befrits from policy research, Ms Jennie Gejel a veteran vaping expert and Mr Patrick Pihl who is a 25 year veteran of snus advocacy and covers snus science in Sweden.
NNA Sweden aims to give a valuable contribution to both Swedish tobacco control policy work and to the important international work being done to safeguard rights to harm reduction products and policy.
Please feel free to contact us at any time to discuss cooperative efforts, access to Swedish data and experience or just to say hello.
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This policy describes how and why New Nicotine Alliance (UK) uses your personal information, how we protect your privacy when doing so, and your rights and choices regarding this information. We promise to respect any of your personal information which is under our control and to keep it safe. We aim to be clear when we collect your information about what we will do with it.
This policy is effective from 25th May 2018
Data protection is a high priority for the management of the New Nicotine Alliance UK. Use of the New Nicotine Alliance UK website is possible without the user needing to input any personal data; however, if a data subject wants to use certain services on our website, the processing of their personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject will always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the New Nicotine Alliance UK. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the New Nicotine Alliance UK has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions The data protection declaration of the New Nicotine Alliance UK is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for everyone we engage with. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms: a) Personal data Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. b) Data subject Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. c) Processing Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. e) Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. f) Pseudonymisation Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. g) Controller or controller responsible for the processing Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. h) Processor Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. i) Recipient Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. j) Third party Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. k) Consent Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 2. Name and address of the controller Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: New Nicotine Alliance UK 8 Northumberland Avenue WC2N 5BY London United Kingdom