Regression of smoking bans

The case of the Netherlands

Dr. Lies van Gennip, director STIVORO,Dutch Expert Centre on Tobacco Control

Tobacco act 1990

- Public places and government buildings: smoking ban- Private sector: self-regulation

“Employees have the principal right to work in a 100% smoke-free environment. No safe threshold. A smoking ban (granting separately ventilated smoking rooms) is required.” Court decision (Breda, 25 April 2000)

Amendment to Tobacco Act 2002

“Employers are required to take measures to ensure that employees can do their work without being exposed to tobacco smoke” Tobacco Act 2002, Article 11a

All workplaces smoke-free from 1/1/2004, hospitality sector exempted.

Gideon

Nov 2004:BAT, Imperial Tobacco, Japan Tobacco International and Gallaher started ‘Gideon’ to challenge smoke-free

Gideon (Hebrew:) means"Destroyer," "Mighty warrior,“or "Feller of trees“

Gideon

Gideon used the ‘Tobacco Industry Playbook’- Ventilation- Lobby for exemptions- Postpone ban, self-regulation- Economic loss argument- Legal challenges- Litigation- Internet campaigns- Moral arguments (freedom, nanny-state)

Gonzalez & Glantz. Failure of policy regarding smoke-free bars in the Netherlands. Eur J Public Health, 2011, Dec 5 [Epub ahead of print]

Hospitality industry self-regulation

Policy Hospitality Venue 2005 target (%)

2005 results (%)

Notice at front 50 28

Smoke-free area Bars 25 11

Restaurants 25 20

Disco’s 25 9

Hotels smoke-free rooms 40 84

Hotels Smoke-free breakfast 20 78

Fast-food 25 21

Smoke-free Fast-food 20 5

Ice-cream parlors 40 33

Hospitality industry self-regulation

Policy Hospitality Venue 2006 target (%)

2006 results (%)

Notice at front 85 59

Smoke-free area Bars 40 47

Restaurants 50 58

Disco’s 40 21

Hotels smoke-free rooms 75 97

Hotels Smoke-free breakfast 40 87

Fast-food 50 67

Smoke-free Fast-food 30 14

Ice-cream parlors 70 55

Tobacco control lobby

2006-2010: “National Tobacco Control Program ”: Coalition of Ministry of Health, Heart Foundation, Cancer Society and Astma Foundation. Argued against economic loss argument and tried to end self-regulation period.

Clean Air Netherlands (CAN): 65,000 signatures to Parlement to request smoke-free hospitality sector (May 2006).

New government 2007

Minister of Health (Ab Klink): “Hospitality sector must be 100% smoke-free a.s.a.p.”

Partial smoke-free legislation

July 2008. Smoke-free legislation extended to all bars and restaurants, but smoking rooms allowed.

However: ban in small venues not supported by most political parties and challenged by politicians and hospitality sector.

Implementation campaign

Foundation ‘Save the Small Bars’

Demonstrations small bar owners

Newspaper coverage smoke-free

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Economy Resistance Health

Nagelhout, G. E., Van den Putte, B., De Vries, H., & Willemsen, M. C. (2011). Krantenberichtgeving over het rookverbod in de horeca: Een inhoudsanalyse [Newspaper coverage about the smoking ban in the hospitality industry: A content analysis]. Tijdschrift voor Communicatiewetenschap, 39, 4-16.

Court cases of revolting bars

New government 2010

The first deed of Edith Schippers as Minister of Health is the reversal of smoke-free legislation for small bars without employees

Dutch television documentaryrevealed contacts betweenMinister of Health and tobaccoindustry

ITC data smoke-free bars

ITC data smoke-free restaurants

Violations of smoke-free bars and nightclubs

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Conclusions

- Self-regulation not effective

- Partial bans recipe for disaster

- Smoke-free must be well implemented and strictly enforced (from the start)

- Education about harm from tobacco smoke is crucial

- Prepare for the full Tobacco Industry ‘playbook’

Invitation: International Symposium

Smoke-free legislation: international research findings and lessons for the NetherlandsMaastricht, the Netherlands, October 10th 2012

Speakers: Esteve Fernández (Spain), Ute Mons (Germany), and Geoffrey Fong (Canada)

The symposium is organised in conjuction with thepublic PhD defence of Gera Nagelhout about theimpact of smoke-free legislation on smoking.

More information gnagelhout@stivoro.nl