Continuing yesterday's discussion ("Tobacco bills (I) - KP," published yesterday), today's space looks at the second of the two smoking-related bills currently under deliberation - the Senate's "Prohibition of Smoking and Protection of Non-smokers Health (Amendment) Act, 2016."

The amended bill, available online, was introduced by Senator Mushahid Hussain in July of this year, and has been getting a lot of flak from the industry for being too harsh. As mentioned in yesterday's article, the federal Act of 2002 is currently in place in all provinces even after devolution, so if the amendment goes through, it would take effect in all the provinces. It seeks to all but ban cigarettes in Pakistan.

Firstly, the new bill puts an end to the in-store display of cigarettes. This means that, in addition to banning the small rectangular board in shops that could bear the logo, now cigarettes themselves should be invisible and remain under the counter. This makes the whole process of buying and selling cigarettes feel like something illegal. Still, hiding something doesn't make it disappear.

Secondly, the bill calls for a complete crackdown on cigarette manufacturers. As per the document, cigarette manufacturers will not be allowed to conduct research or testing; launch new products; have corporate public relations; give their supply chain/retailers incentives; amend existing products; or even carry out CSR activities. As we know, the illicit industry does not operate within the confines of the law as is; they don't pay taxes or print the warning labels, so they won't be having an issue with any of these amendments. Its the legitimate sector that will face the brunt of it.

Thirdly, the legislation has included within the definition of tobacco product the E-cigarette, which actually contains no tobacco whatsoever and is a substitute to tobacco, often used by people trying to quit smoking. This just goes to show that the bill isn't exactly well thought-out, and is a little out of touch.

Finally, there are some other points that appear curiously out of place. For instance, there are mentions of bans on tobacco product vending machines or financial support to pubs, clubs or other recreational venues, which indicates that parts of this bill were perhaps taken from elsewhere. After all, since when are there tobacco vending machines in Pakistan? Or even pubs for that matter!
If tobacco companies are not allowed to introduce new products or conduct research and development, they might as well wrap up shop in a few years and let the illicit industry take over.

Besides, the ban on CSR is particularly damaging, given that big tobacco companies have a significant presence in the social sector. Philip Morris, for instance, spent around $0.45 million in CSR in FY16 pertaining to schools, NGOs, and conducts various charitable programs in the communities where they source their tobacco. Similarly, PTC is big on clean drinking water, afforestation, and disaster relief, having spent close to $0.70 million in FY15 on CSR activities. Indeed, one of the biggest arguments being touted in the media is that a number of schools will have to close down and children will be forced back into child labour.

Far be it for this column to lobby in favour of big tobacco, but a spade needs to be called a spade. Before enforcing these laws on the existing legitimate duopoly, first we need to bring the illicit sector into the light, then enforce the existing laws, and then talk about amending them.