Rospotrebnadzor head Gennady Onishchenko intends to sue British American Tobacco, accusing the company in contempt for Russia's consumers. Tobacco manufacturers claim that strictly follow the letter of the law. Experts, meanwhile, noted that legislation in Russia is very loyal tobacco industry.
Gennady Onishchenko, said last week that he had filed a suit against Russia's office of tobacco giant British American Tobacco (BAT) in the Moscow Arbitration Court. The third-largest manufacturer of cigarettes in Russia and a leader in the segment of cheap cigarettes according to the head of Rospotrebnadzor violate the law "On Protection of Consumer Rights. Article 10, paragraph 1 of this Act states that the manufacturer "shall be obliged to give the consumer the necessary and accurate information about goods (works, services) to provide their correct choice." Clarify claim Onishchenko did not, but experts with a high degree of confidence suggests that we are talking about the marking of cigarettes as "light", "ultralight", "soft", etc.
Gennady Onishchenko, has repeatedly argued that such labels on cigarette packs may introduce misleading smokers, making believe that cigarettes with lower tar and nicotine are less hazardous to health that is not true.
Moreover, the Framework Convention of the World Health Organization (WHO), acceded to the RF Government approved in April this year, prohibits such labels on packages. The fact of accession to the Convention, WHO provides, according to Onishchenko, "an additional objective basis for recognizing such actions illegal. However, for implementing the approved standards in the Convention, it is necessary to develop and adopt amendments to existing legislation. As such an amendment is proposed technical regulations on tobacco products, which began to be discussed under the pretext of joining the WTO before the accession to the Convention, WHO. In July this year, he should have been considered by the State Duma in the second reading, but active discussion of the content of technical regulations is still going on. Making process slows down a number of contentious issues. According to the latest information, the second reading of technical regulations will be held in the autumn.
The market of light cigarettes in Russia is rapidly gaining weight. Over 30% of Russian smokers prone to mistake the fact that such cigarettes are less hazardous to health.
The statement of claim Gennady Onishchenko saw no defendants, no reporters that several complicating attempts to comment on the situation. Director, Corporate Relations British American Tobacco Russia Alexander Lyutyi said that BAT has operations in Russia in full accordance with the laws of Russia "and does not understand the essence of the claims Rospotrebnadzor. Director-General of the Association of producers of tobacco products "Tabakprom Vadim Zhelnin in 5 interview-tv.ru noted that to say anything definite about the position of Gennady Onishchenko, he is not taken. But medical experts confidently state that the position should be interpreted Onishchenko unequivocally. "He's just trying to make Russia a less dying", - told the 5-tv.ru MD, Consultant of the Open Health Institute Kirill Danishevsky.
Disputes tabakoproizvoditeley with Rospotrebnadzor and health professionals have long maintained, and the adoption of the Convention, WHO, it seems, only added reasons for bickering. The fact that the Convention is, in fact, though, is a document, create legal obligations for countries participating, not all measures to combat smoking is uniquely determined, but some items makes it possible for differences in interpretation. This, for example, provides opportunities for free treatment
standards for labeling packages, the content of substances in cigarettes, the provision of consumer information on the composition of cigarettes.
According to experts, the tobacco lobby is actively working to maintain the fuzzy rules of the game, and has reached this major success.
While Gennady Onishchenko accuses BAT to use the policy of "double standards" and deliver on Russia's market a quality product than in Europe, Vadim Zhelnin argues the opposite: "According to Russia's security requirements cigarettes fully comply with the standards that are comparable with European standards." While the parties argue just the opposite point of view, for most independent experts, one thing is clear - control over the production of tobacco products in Russia is not as rigorous as the circumstances require.
Cigarettes produced in Russia, a little different in taste from foreign counterparts, because in their manufacture uses different tobaccos, and other parameters measurements and sauces.
Amendment to the specifics
The story of the technical regulations shows that the parties involved in the tobacco issue, it will be difficult to negotiate. As described 5-tv.ru Kirill Danishevsky, paradox lies in the fact that technical regulations, so persistently debated in the offices of the government, will likely challenge the WHO, since it involved the development of tobacco manufacturers (the representatives of the Tabakproma "), which contrary to the Convention (Article 5.3). Precedent with the Technical regalmentom of tobacco products in general is a "know-how Russian officials because the law" On technical regulation "explicitly states:" Technical regulations may not contain requirements for products that are harmful to life or health of citizens. " "Despite the fact that the document was in fact illegitimate, he was actively discussed in all instances", - says Kirill Danishevsky. Expert sees it as an outcome of interest tabakoproizvoditeley - technical regulations in many respects their interests and needs in order to preserve the capability to "deceptive" label. On the other hand, many community organizations unhappy with the rules laid down in the technical regulations, as they are quite different from the abstract to the WHO.
The differences in the texts of the Convention, WHO and technical regulations Alexander fierce, for example, explains that in technical regulations were taken into account "national characteristics and state of Russia's tobacco market (the Convention as a whole encourages).
However, in reality it translates into the fact that the size of warning labels about the dangers of smoking in Russia decreased by 30% of the surface of the pack instead of 50% stipulated by the Convention. And the use of language "light", "mild" and so forth, and spoke against what Gennady Onishchenko, if the regulation will be legalized. Parameters of nicotine and tar in Russian cigarettes with filter will be like in Europe, but without a filter - an order of magnitude smaller.
Parameters of nicotine and tar in Russian cigarettes with filter will be like in Europe, but without a filter - an order of magnitude smaller. This discussion of unfiltered cigarettes, the most affordable segment of the tobacco products, is now delaying progress document the chain of command.
Available means claimed
The low price of cigarettes, and thus the availability of tobacco to young novice smokers, the most disturbing of experts. In March 2007, Deputy Finance Minister Sergei Shatalov has formulated an official policy of the Government of the credo: "Cigarettes must not be less than the socially important goods, a pack of cigarettes should cost less than a loaf of bread, and travel on public transport should not be at a price two packets cigarettes. Public organizations strongly support this thesis, the acceding and tabakoproizvoditeli. "Prices for tobacco growing very rapidly. The Government has a balanced policy on a steady increase in excise duties, "- said Vadim Zhelnin.
Kirill Danishevsky favored to tabakoproizvoditeley required to disclose the full composition of tobacco products on the packaging. In addition to tobacco it contained about 40 proven and 20 is believed to hazardous substances.
But the facts tell a different story. Smokers experienced note that the price of cigarettes is practically not changed in the last few years. Kirill Danishevsky any talk of a rapid increase in cigarette price directly calls misinformation. Government's statement that the annual indexation of the price of tobacco products is not less than 20% per year, with growth rates of excise on tobacco only exceed the inflation rate, causing his confusion.
Increasing excise taxes actually remains the most effective measure to reduce the volume of cigarette sales.
"In the West, - says Kirill Danishevsky - excise eats up to 80% of the value of the stack. In Russia - up to 30% on filtered cigarettes and 10-15% of cigarettes without filter. Studies have shown that when price increases by 10% sales fall to 5%.
If so, then by increasing the prices can induce a certain proportion of smokers give up cigarettes and prevent tobacco use among beginners. But producers in this situation, see the loss of sales and profits. In Russia, a pack of cigarettes is, on average, no more than 50 cents, whereas in the West - not less than $ 5. "Industry is clearly trying to sell as many cigarettes, taking aim at the continued growth of profits - reflects Kirill Danishevsky. - The government of this only helps. "
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