Background
After five years of intense lobbying on 3rd April 2014 the European Union (EU) enacted a revised Tobacco Products Directive (TPD). However, unlike previous legislation on tobacco, this occurred in a changed policy context, following adoption of both the EU's ‘Smart Regulation’ agenda that the transnational tobacco companies (TTCs) anticipated would increase their policy influence, and Article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC) which seeks to prevent TTC influence. This study aims to explore the scale and nature of the TTCs’ lobby against the EU TPD and evaluate how these developments have affected their ability to exert influence.
Methods
Analysis of 581 documents obtained through freedom of information requests, 28 leaked Philip Morris International (PMI) documents, 17 TTC documents obtained via the Legacy Library, web content obtained via Google alerts and searches of the EU institutions’ websites, plus four stakeholder interviews.
Results
The TTC lobby was massive, with Philip Morris alone employing over 160 lobbyists. Strategies were directed in large part via third parties. Efforts to “Push” (amend) or “Delay” the proposal and block “extreme policy options”, including plain packaging and a point of sales display ban were partially successful. Both were removed from the Directive during its progress through the Commission where a delay of three years occurred. These changes and delays followed a series of meetings between TTC representatives (including ex-Commission employees) and high level Commission staff and were enabled by the operationalisation of Smart Regulation via stakeholder consultation and impact assessment. Contrary to Article 5.3, these meetings were not disclosed.
Conclusions
During the legislative process, Article 5.3 was not consistently applied by non-health Directorates of the European Commission, while the tools of Smart Regulation appear to have facilitated TTC access to, and influence on, the 2014 TPD. The use of third parties undermines Article 5.3.