Big Tobacco threat to PM on smoking ban

Philip Morris wanted vapes to be excluded from Sunak’s plan for Britain to be ‘smoke-free’ by 2030

TOBACCO giant Philip Morris threatened legal action to try to block Rishi Sunak’s plans to phase out smoking.

A parliamentary vote is due to take place next month about landmark legislation which would raise the age at which people can buy tobacco products – currently 18 – by a year, every year.

Health officials feared that the legal threat over the matter could have ended up in the High Court, causing lengthy delays before any laws could be passed.

In a statement issued last night, Philip Morris said it had withdrawn its threat of legal action earlier this week after the Government made changes to its consultation ahead of any Bill.

The tobacco firm, whose best-known brand is Marlboro, said it had been concerned about “procedural flaws” over the consultation which were cleared up.

Philip Morris said it supported the Government’s ambition for England to be “smoke-free” by 2030 but wanted so-called heated tobacco products – which manufacturers say produce a vapour rather than smoke and ash – to be excluded from the new legislation.

At the Tory party conference, Mr Sunak called the phased ban the “biggest public health intervention in a generation”, adding: “We will face resistance and we will meet it.”

The Bill is expected to be debated in early February when Tories will have a free vote, while Labour MPS will be whipped into backing the proposals.

Philip Morris’s legal warning letter had threatened to stymie the plans.

The Telegraph was told that the tobacco giant had sent a pre-action protocol letter to the Department for Health and Social Care, setting out its concerns. According to sources, it was understood to claim the Government consultation was not “meaningful” because the outcome was pre-determined, and that the consultation period was not long enough.

The legal letter was also understood seek to limit the scope of the legislation to exclude “heated tobacco products”.

The consultation, which ended last month, received more than 25,000 responses. The Government’s response is due to be published in the coming weeks. Officials feared the tobacco giant was trying to delay the Bill so it lost its parliamentary window.

One senior Whitehall source said: “This looked like an attempt to hold up the legislation so that this Government can’t get it through.” Victoria Atkins, the Health Secretary, last month said: “I won’t be swayed by Big Tobacco.”

Andrea Leadsom, the public health minister, has accused the tobacco industry of being “active in trying to undermine the policy”.

The action to phase out the sale of cigarettes would make the UK the first country to introduce such measures.

In a statement, Philip Morris said: “We notified the Government of procedural flaws in the consultation process. They subsequently amended the consultation procedure to allow substantive responses and answered other enquiries. As such, we withdrew the claim on Jan 15.

“We agree with the Government’s smoke free 2030 ambition, however, we do not believe that reduced risk smoke free products – including heated tobacco – should be included alongside combustible cigarettes in any potential legislation.

“Including some smoke-free products in this legislation would confuse adult smokers looking to switch to a better alternative.”

In 2012, the Australian government defeated Philip Morris after the High Court held that Australia’s plain cigarette packaging laws were legal – but it later emerged that Australia’s legal fees and arbitration costs amounted to almost A$24 million (£12.4 million) – only half of which was paid by Philip Morris.

The Department for Health and Social Care declined to comment.

‘Including some smokefree products in this legislation would confuse adult smokers’