Every year, Indonesia exports Kretek/Clove flavored cigarettes to other countries at a value of US$ 500 million, a fifth of which go to the United States.
On June 2009, the U.S government issued a Tobacco regulation that ban Indonesian Kretek/Clove flavored cigarettes from entering the U.S market.
This regulation was designed to prevent teenagers in the U.S from starting to smoke cigarettes..
The Indonesian government claimed that this regulation was discriminatory because it only outlawed Kretek/ Clove flavored cigarettes but not Menthol flavored cigarettes. Due to which fact, on April 2010 the Indonesian government filed a complaint with the World Trade Organization (WTO).
Bloomberg reported that on 2 September, WTO has rejected Indonesia's complaint saying that there is extensive scientific evidence supporting that the ban of Kretek/Clove and other flavored cigarettes could reduce youth smoking.
However, WTO said that the ban is inconsistent with the national treatment obligation because it accords Kretek/Clove-flavored-cigarettes less favorable treatment than that accorded to Menthol-flavored cigarettes.
Considering that the Kretek cigarette industry employs around six million labors in Indonesia, I hope that the above WTO's decision would not be followed by other countries.
Showing posts with label Cigarettes. Show all posts
Showing posts with label Cigarettes. Show all posts
Tuesday, September 6, 2011
Saturday, May 28, 2011
No Ban on Cigarette Ads
Cigarettes manufacturers seemed to have very strong influence on the government that efforts to impose a total ban on cigarette advertisements and sponsorship will surely fail.
The Jakarta Globe reported that the Health Ministry has announced on Friday that clauses regarding total ban on cigarette advertisement and sponsorship have to be deleted from the draft of implementation regulation of the Health Law of 2009.
The head of the Ministry's Legal Bureau i.e. Budi Sampurno, was quoted as saying that after considering the importance of many sectors, the Ministry have decided not to ban cigarette ads and sponsorship, but would only control it.
Budi said the planned ban was hampered by two existing laws i.e the Press Law and the Broadcasting Law which allowed advertising as long as cigarettes or their packaging were not shown on television.
I am not surprised about this report, how about you ?
The Jakarta Globe reported that the Health Ministry has announced on Friday that clauses regarding total ban on cigarette advertisement and sponsorship have to be deleted from the draft of implementation regulation of the Health Law of 2009.
The head of the Ministry's Legal Bureau i.e. Budi Sampurno, was quoted as saying that after considering the importance of many sectors, the Ministry have decided not to ban cigarette ads and sponsorship, but would only control it.
Budi said the planned ban was hampered by two existing laws i.e the Press Law and the Broadcasting Law which allowed advertising as long as cigarettes or their packaging were not shown on television.
I am not surprised about this report, how about you ?
Sunday, October 10, 2010
Musicians Urged to Boycott Cigarette Sponsors
Considering this fact, an Asia Pacific summit of anti-smoking campaigners has urged Indonesia to regulate its tobacco industry and urged musicians to boycott events sponsored by cigarette manufacturing companies. Please find an article that I have quoted from AFP/Google.
Anti-smoking summit urges Indonesian action
SYDNEY — An Asia Pacific summit of anti-smoking campaigners Saturday urged Indonesia to regulate its tobacco industry and called for musicians to boycott events sponsored by cigarette companies.The Asia Pacific Association for the Control of Tobacco (APACT) said Indonesia was creating a "public health disaster" by rejecting the global tobacco treaty and allowing cigarette promotion to thrive.
APACT also condemned international bands including Australia's Wolfmother and The Vines for playing a major music festival this weekend in Jakarta which is sponsored by Gudang Garam, Indonesia's largest tobacco company.
"Tobacco advertising and promotional activities in Indonesia are unmatched anywhere else in Asia," APACT said in a resolution passed Saturday.
"Rock groups from western countries such as USA, UK and Australia, who would not allow tobacco sponsorship of their concerts in their own countries or anywhere else in the world, are performing in Indonesia under tobacco brand names," it added.
"These bands have ignored international protests about their double standards."
The Sydney summit of 700 delegates from 41 countries made an "urgent" appeal that Jakarta sign on to the World Health Organisation's Framework Convention on Tobacco Control and ban tobacco advertising and sponsorship.
It called for "all international artists and athletes performing in Indonesia (to) reject tobacco sponsorship of their concerts and events" and refuse to participate in events that promoted smoking.
APACT also asked Wolfmother and The Vines to make a public statement "that they will no longer endorse tobacco sponsorship and do not encourage smoking (and) they condemn the distribution of free cigarettes at concerts."
Wolfmother has responded to the criticism by issuing a statement on its website saying it does not "support or condemn the sponsors" and will play the gig for the fans who have "parted with their very own cold hard cash".
Indonesia earns billions of dollars a year in tax revenues from tobacco companies, which employ millions of people across the country.
APACT said more than 200,000 people died every year from tobacco-related causes in Indonesia, with 60 percent of the country's men estimated to be smokers and a "disturbing" trend of children taking up the habit.
Saturday, July 3, 2010
U.S Kretek Cigarette Ban
On September 2009, the United States of America issued the Family Smoking Prevention and Tobacco Control Act that prohibits the sales of all kinds of flavored cigarettes including Indonesia's Kretek cigarettes in the U.S, except menthol cigarettes.
Indonesia thought that this law violated regulations of theWorld Trade Organization (WTO), because it excemps menthol cigarettes which is actually flavored cigarettes like Kretek. Therefore Indonesia has brought this matter to WTO's dispute settlement body.
Please find some details below that I have quoted from an article in Kompas.
I hope that the WTO would make a fair decision on this matter.
Indonesia thought that this law violated regulations of theWorld Trade Organization (WTO), because it excemps menthol cigarettes which is actually flavored cigarettes like Kretek. Therefore Indonesia has brought this matter to WTO's dispute settlement body.
Please find some details below that I have quoted from an article in Kompas.
I hope that the WTO would make a fair decision on this matter.
Indonesia Urged US to Scrap Its "Kretek" Cigarette Ban
Jumat, 2 Juli 2010 | 10:08 WIB
AP/Steve Helber.
In this photo made May 18, 2009, flavored cigarettes are on display at a tobacco store in Richmond, Va. Kretek International Inc. , the nations top distributor of clove cigarettes, is offering fans a new way to get their fix after the spice-flavored cigarettes are banned later this year cigars.
JAKARTA, KOMPAS.com - Indonesia has urged the United States to lift its ban on aromatic cigarette imports that would cause Jakarta to cut its ’kretek’ (clove-flavored) cigarette exports to that country and reduce its foreign exchange earning.
"Indonesia’s foreign exchange income from kretek cigarette exports is expected to drop significantly this year due to the imposition of the ban," Frans Rupang, director for prosecution and prevention of the Directorate General of Customs, said.
The United States has imposed the ban since September 2009 based on its law that prohibits the entry into the country of aromatic tobacco, yet both nations are still negotiating the matter. According to US Ambassador to Indonesia Cameron R Hume, Indonesia and the US are still negotiating the US ban on Indonesia’s kretek cigarette exports to the United States.
Speaking on the sidelines of the US Independence Day anniversary which falls on July 4, in Surabaya, East Java, on Thursday evening, Cameron R Hume said that Indonesia was of the view that the ban violated the World Trade Organization (WTO)’s regulations. Therefore, the United States and Indonesia were discussing the matter but the envoy said he could predict what would come out of the negotiation process.
"Let’s wait," he said.
However, if the United States remains to impose the ban, Indonesia’s cigarette exports and income from this sector would decline significantly. Frans Rupang said that in 2009 cigarette exports contributed 6.451 million dollars to the state. Indonesia’s kretek cigarette exports to the United States in 2008 totaled 298.932 million pieces worth US$6.662 million and in 2009 they stood at 267.308 million pieces worth US$6.451 million.
Since the imposition of the ban, there was practically no Indonesia’s kretek exports to the United States this year. Rupang said that the contribution to the state of the country’s kretek cigarette exports to the United States was the biggest one compared to that exported to other countries. Therefore, the ban reduced Indonesia’s income from kretek exports significantly, he said.
According to the Ministry of Trade, exports of various kinds of cigarettes to the US in 2007 reached US$11,165,432 and dropped to US$9,703,991 in 2008 and US$8,338,419 in 2009. The realization of exports of the product from January to March 2010 reached US$2,531,317 higher than in the same period last year that was recorded at US$2,531,989.
During the period however no exports of cigarette tobacco that include clove cigarettes were done. This happened following the implementation of the Family Smoking Prevention and Tobacco Control Act as of September 2009. The law prohibits sale of all kinds of flavored cigarettes including clove cigarettes in the US except menthol cigarettes.
The Indonesian government has asked the WTO to solve its dispute over the ban of its kretek exports to the United States. Washington has banned the commodity’s imports based on its health law which also prohibited the importation of other aromatic cigarettes in an effort to prevent youths from being addicted.
Indonesia has previously taken the ban to Dispute Settlement Body of the WTO with regard to the imposition of the Family Smoking Prevention and Tobacco Control Act of 2009. The Indonesian government considers the law running against the WTO regulation because it exempts menthol cigarettes while menthol and clove cigarettes are like products according to Article 2.1 of the Agreement on Technical Barriers to Trade or TBT Agreement.
Around 99 percent of clove cigarettes sold in the US are imported from Indonesia while all menthol cigarettes are produced in the US and because of that, according to the Indonesian government, the US implicitly bans imports of clove cigarettes.
The government considers the ban discriminative. As a member of the WTO, the US must have carried out its international obligation as mentioned in the TBT Agreement and the General Agreement on Tariff and Trade or GATT of 1994.
The director general of international trade cooperation of the ministry of trade, Gusmardi Bustami, said the move to take the matter to the WTO dispute settlement body was the last resort. He said the government has already expressed its opposition to the regulation while it was still being discussed at the US Congress.
Indonesia, he said, has also conveyed its complaint in various bilateral forums at senior official and ministerial levels for more than four years but it had come to no avail.
"This is about principles. There has been discrimination," Gusmardi said.
In the DSB WTO meeting on June 22, 2010 in Geneva, the Indonesian delegation conveyed reasons and legal basis for the need to form a panel to deal with the problem.
He said Indonesia had asked the panel to investigate the violation by the US against Article III of the GATT of 1994 and the use of Article XX of GATT 1994 without providing scientific evidence and meeting the provisions in a number of articles in the TBT and Sanitary and Phythosanitary Act (SPS).
In the meeting the US delegation expressed disappointment over the Indonesian move. The US has asked Indonesia to reconsider its request for the establishment of a panel to investigate the case.
Gusmardi said the rejection by the US was common, had often happened in a DSB meeting because the US as a disputed party has a right to block the move on the first occasion in line with the WTO’s provision on Dispute Settlement Understanding.
"Indonesia’s foreign exchange income from kretek cigarette exports is expected to drop significantly this year due to the imposition of the ban," Frans Rupang, director for prosecution and prevention of the Directorate General of Customs, said.
The United States has imposed the ban since September 2009 based on its law that prohibits the entry into the country of aromatic tobacco, yet both nations are still negotiating the matter. According to US Ambassador to Indonesia Cameron R Hume, Indonesia and the US are still negotiating the US ban on Indonesia’s kretek cigarette exports to the United States.
Speaking on the sidelines of the US Independence Day anniversary which falls on July 4, in Surabaya, East Java, on Thursday evening, Cameron R Hume said that Indonesia was of the view that the ban violated the World Trade Organization (WTO)’s regulations. Therefore, the United States and Indonesia were discussing the matter but the envoy said he could predict what would come out of the negotiation process.
"Let’s wait," he said.
However, if the United States remains to impose the ban, Indonesia’s cigarette exports and income from this sector would decline significantly. Frans Rupang said that in 2009 cigarette exports contributed 6.451 million dollars to the state. Indonesia’s kretek cigarette exports to the United States in 2008 totaled 298.932 million pieces worth US$6.662 million and in 2009 they stood at 267.308 million pieces worth US$6.451 million.
Since the imposition of the ban, there was practically no Indonesia’s kretek exports to the United States this year. Rupang said that the contribution to the state of the country’s kretek cigarette exports to the United States was the biggest one compared to that exported to other countries. Therefore, the ban reduced Indonesia’s income from kretek exports significantly, he said.
According to the Ministry of Trade, exports of various kinds of cigarettes to the US in 2007 reached US$11,165,432 and dropped to US$9,703,991 in 2008 and US$8,338,419 in 2009. The realization of exports of the product from January to March 2010 reached US$2,531,317 higher than in the same period last year that was recorded at US$2,531,989.
During the period however no exports of cigarette tobacco that include clove cigarettes were done. This happened following the implementation of the Family Smoking Prevention and Tobacco Control Act as of September 2009. The law prohibits sale of all kinds of flavored cigarettes including clove cigarettes in the US except menthol cigarettes.
The Indonesian government has asked the WTO to solve its dispute over the ban of its kretek exports to the United States. Washington has banned the commodity’s imports based on its health law which also prohibited the importation of other aromatic cigarettes in an effort to prevent youths from being addicted.
Indonesia has previously taken the ban to Dispute Settlement Body of the WTO with regard to the imposition of the Family Smoking Prevention and Tobacco Control Act of 2009. The Indonesian government considers the law running against the WTO regulation because it exempts menthol cigarettes while menthol and clove cigarettes are like products according to Article 2.1 of the Agreement on Technical Barriers to Trade or TBT Agreement.
Around 99 percent of clove cigarettes sold in the US are imported from Indonesia while all menthol cigarettes are produced in the US and because of that, according to the Indonesian government, the US implicitly bans imports of clove cigarettes.
The government considers the ban discriminative. As a member of the WTO, the US must have carried out its international obligation as mentioned in the TBT Agreement and the General Agreement on Tariff and Trade or GATT of 1994.
The director general of international trade cooperation of the ministry of trade, Gusmardi Bustami, said the move to take the matter to the WTO dispute settlement body was the last resort. He said the government has already expressed its opposition to the regulation while it was still being discussed at the US Congress.
Indonesia, he said, has also conveyed its complaint in various bilateral forums at senior official and ministerial levels for more than four years but it had come to no avail.
"This is about principles. There has been discrimination," Gusmardi said.
In the DSB WTO meeting on June 22, 2010 in Geneva, the Indonesian delegation conveyed reasons and legal basis for the need to form a panel to deal with the problem.
He said Indonesia had asked the panel to investigate the violation by the US against Article III of the GATT of 1994 and the use of Article XX of GATT 1994 without providing scientific evidence and meeting the provisions in a number of articles in the TBT and Sanitary and Phythosanitary Act (SPS).
In the meeting the US delegation expressed disappointment over the Indonesian move. The US has asked Indonesia to reconsider its request for the establishment of a panel to investigate the case.
Gusmardi said the rejection by the US was common, had often happened in a DSB meeting because the US as a disputed party has a right to block the move on the first occasion in line with the WTO’s provision on Dispute Settlement Understanding.
Monday, May 31, 2010
World No Tobacco Day 2010
On 31st May each year, the World Health Organization celebrates the World No Tobacco Day, highlighting the health risks associated with the use of tobacco and advocating for effective policies to reduce consumption. Tobacco use is the second cause of death globally (after Hypertension) and is currently responsible for killing one in 10 adults worldwide.
The theme for this year's World No Tobacco Day is Gender and Tobacco, with an emphasis on marketing to women. WHO will use the day to draw particular attention to the harmful effects of tobacco marketing and smoke on women and girls.
The World Health Assembly created World No Tobacco Day in 1987 to draw global attention to the tobacco epidemic and its lethal effects. It provides an opportunity to highlight specific tobacco control messages and to promote adherence to the WHO Framework Convention on Tobacco Control. Tobacco use is the number one preventable epidemic that the health community faces.
- WHO's Tobacco Free Initiative
- More about tobacco abuse and control
Source: World Health Organization (WHO)
The theme for this year's World No Tobacco Day is Gender and Tobacco, with an emphasis on marketing to women. WHO will use the day to draw particular attention to the harmful effects of tobacco marketing and smoke on women and girls.
The World Health Assembly created World No Tobacco Day in 1987 to draw global attention to the tobacco epidemic and its lethal effects. It provides an opportunity to highlight specific tobacco control messages and to promote adherence to the WHO Framework Convention on Tobacco Control. Tobacco use is the number one preventable epidemic that the health community faces.
Related links
- World No Tobacco Day site- WHO's Tobacco Free Initiative
- More about tobacco abuse and control
Source: World Health Organization (WHO)
Sunday, May 30, 2010
Females and Cigarettes in Jakarta
The survey of the Central Statistics Agency (BPS) shows that in 2004 there was a very sharp increase in the numbers of females smoking cigarettes in Jakarta compared to the year 2001.
Perhaps that was the reason why in 2005 the provincial government of Jakarta introduced an Anti-Smoking by-law which require Smoking Area to be located separately from Non-Smoking Area. It seems that this was not effective that on 6 May 2010 the government completely banned smoking in buildings.
More details are available on the article of The Jakarta Post that I have quoted below. Happy reading.
This view was shared during the “No Tobacco Show”, a one-day event organized by the National Commission on Tobacco Control on Saturday in Kuningan, South Jakarta. The event drew 1,500 people from 22 schools in Greater Jakarta.
The event was set up to disseminate information to young people and women on the dangers of smoking ahead of World No Tobacco Day, which falls on May 31.
Committee chairwoman Laks-miati A. Hanafiah said the commission organized the event in response to the rise in the number of women and teenage smokers in Jakarta.
The latest data from the Central Statistics Agency show the prevalence of smoking among women
in Indonesia had tripled to 4.5 percent in 2004, with the highest increase among teenage girls aged 15 to 19.
The number of teenage smokers has grown almost tenfold from 0.2 percent in 2001 to 1.9 percent in 2004.
Laksmiati said that this worrying trend was caused by ubiquitous cigarette advertising in media and public places that conveyed false information.
“All those ads are misleading. There is no safe limit for cigarettes. The only thing that is safe is to stop smoking,” Laksmiati said, referring to commercials offering cigarette products claiming to have lower amounts of nicotine.
She added the event would help people find the real message behind the advertisements.
At the event, students from different schools displayed their own anti-smoking campaigns to help get the real message across to the public.
A participants coming from state vocational high school SMKN 8 in Pejaten, South Jakarta, exhibited a ghost house to demonstrate the dangers of smoking.
Some of the students dressed up as ghosts with heavy mascara and pale makeup standing in front of a poster with information on cigarettes.
“We want to warn people that this is the result you meet when you smoke,” said 10th grader Leni Nuraini, who was dressed as an angel of death.
Laksmiati acknowledged the importance of involving the youth as well as women in the war against tobacco because they were the next target for cigarette companies.
The commission plans to hold a seminar to raise awareness among women to contribute to the war against tobacco, she added.
This commission believes personal initiatives from individuals were important for the success of the anti-tobacco movement, especially in light of the failure of the local government to enforce regulations prohibiting smoking in the capital.
The Jakarta administration introduced the first anti-smoking bylaw in 2005, but its implementation is seen as a failure. The bylaw required smoking areas to be separated from non-smoking areas.
The administration has tightened the rule since May 6 this year by banning smoking completely in buildings.
The public, as well as authorities, have questioned the effectiveness of this policy. Indonesia is the world’s third-largest tobacco consumer.
Perhaps that was the reason why in 2005 the provincial government of Jakarta introduced an Anti-Smoking by-law which require Smoking Area to be located separately from Non-Smoking Area. It seems that this was not effective that on 6 May 2010 the government completely banned smoking in buildings.
More details are available on the article of The Jakarta Post that I have quoted below. Happy reading.
Anti-smoking campaign targets women, girls
Tobacco doesn’t discriminate by gender or age. People who smoke cigarettes — men or women, young or old — will suffer the negative impacts.This view was shared during the “No Tobacco Show”, a one-day event organized by the National Commission on Tobacco Control on Saturday in Kuningan, South Jakarta. The event drew 1,500 people from 22 schools in Greater Jakarta.
The event was set up to disseminate information to young people and women on the dangers of smoking ahead of World No Tobacco Day, which falls on May 31.
Committee chairwoman Laks-miati A. Hanafiah said the commission organized the event in response to the rise in the number of women and teenage smokers in Jakarta.
The latest data from the Central Statistics Agency show the prevalence of smoking among women
in Indonesia had tripled to 4.5 percent in 2004, with the highest increase among teenage girls aged 15 to 19.
The number of teenage smokers has grown almost tenfold from 0.2 percent in 2001 to 1.9 percent in 2004.
Laksmiati said that this worrying trend was caused by ubiquitous cigarette advertising in media and public places that conveyed false information.
“All those ads are misleading. There is no safe limit for cigarettes. The only thing that is safe is to stop smoking,” Laksmiati said, referring to commercials offering cigarette products claiming to have lower amounts of nicotine.
She added the event would help people find the real message behind the advertisements.
At the event, students from different schools displayed their own anti-smoking campaigns to help get the real message across to the public.
A participants coming from state vocational high school SMKN 8 in Pejaten, South Jakarta, exhibited a ghost house to demonstrate the dangers of smoking.
Some of the students dressed up as ghosts with heavy mascara and pale makeup standing in front of a poster with information on cigarettes.
“We want to warn people that this is the result you meet when you smoke,” said 10th grader Leni Nuraini, who was dressed as an angel of death.
Laksmiati acknowledged the importance of involving the youth as well as women in the war against tobacco because they were the next target for cigarette companies.
The commission plans to hold a seminar to raise awareness among women to contribute to the war against tobacco, she added.
This commission believes personal initiatives from individuals were important for the success of the anti-tobacco movement, especially in light of the failure of the local government to enforce regulations prohibiting smoking in the capital.
The Jakarta administration introduced the first anti-smoking bylaw in 2005, but its implementation is seen as a failure. The bylaw required smoking areas to be separated from non-smoking areas.
The administration has tightened the rule since May 6 this year by banning smoking completely in buildings.
The public, as well as authorities, have questioned the effectiveness of this policy. Indonesia is the world’s third-largest tobacco consumer.
Friday, May 28, 2010
Young Cigarette Addict
tSo many strange and shocking stories about what's happening in Indonesia have been reported by the mass media in the last few months.
One of them is about a 2-years old boy who has been addicted to cigarettes, which is so disgusting for me that I have been trying to avoid writing about it. I never thought that any parents could ever let their very young son (a baby?) become cigarette addict.
Please find below a blog post about this matter that I have quoted from my friend Anastasia F-B (anatheimp@blogspot.com) in London.
I read a truly shocking story today in the Daily Mail about a two-year old boy in Indonesia who has a forty-a-day cigarette habit. Yes, that's right, forty a day! Ardi Razal's health has been ruined and he now struggles to move himself, according to the report. His mother, Diana, says that he is totally addicted. All of her attempts to stop his puffing have been abandoned in the face of his tantrums;
If he doesn't get cigarettes, he gets angry and screams and batters his head against the wall. He tells me he feels dizzy and sick.
His father, Mohammed Razal, a fishmonger living in Musi Banyuasin in South Sumatra, does not seem to see a problem, believing his son looks perfectly healthy. All I can say is that he needs to look just a little harder. More than that, he needs to ask himself how healthy his son is likely to be by the age of ten, assuming he ever makes it that far.
Although this would appear to be an extreme example, Indonesian authorities are worried by the number of young children taking to smoking in a culture where tobacco is king. According to official statistics, 25% of children between three and fifteen have tried cigarettes, and there has been a sharp increase in smoking among those aged between five and nine.
The usual panaceas are being offered as solutions; that there needs to be a ban on tobacco advertising and a campaign illustrating the effects of passive smoking. This does not, it seem to me, to go anywhere near understanding why, and by what means, children as young as two have become hardened smokers.
We all have choices to make in life, risks we freely chose to take with our eyes open. Ardi Razal clearly did not acquire his habit by free choice or overnight. Admittedly without knowing all of the facts -the report does not make the precise circumstances of his addiction to tobacco clear- I can only conclude that his parents are feckless, irresponsible or uncaring, perhaps a combination of all three.
One of them is about a 2-years old boy who has been addicted to cigarettes, which is so disgusting for me that I have been trying to avoid writing about it. I never thought that any parents could ever let their very young son (a baby?) become cigarette addict.
Please find below a blog post about this matter that I have quoted from my friend Anastasia F-B (anatheimp@blogspot.com) in London.
Tobacco Boy
I read a truly shocking story today in the Daily Mail about a two-year old boy in Indonesia who has a forty-a-day cigarette habit. Yes, that's right, forty a day! Ardi Razal's health has been ruined and he now struggles to move himself, according to the report. His mother, Diana, says that he is totally addicted. All of her attempts to stop his puffing have been abandoned in the face of his tantrums;
If he doesn't get cigarettes, he gets angry and screams and batters his head against the wall. He tells me he feels dizzy and sick.
His father, Mohammed Razal, a fishmonger living in Musi Banyuasin in South Sumatra, does not seem to see a problem, believing his son looks perfectly healthy. All I can say is that he needs to look just a little harder. More than that, he needs to ask himself how healthy his son is likely to be by the age of ten, assuming he ever makes it that far.
Although this would appear to be an extreme example, Indonesian authorities are worried by the number of young children taking to smoking in a culture where tobacco is king. According to official statistics, 25% of children between three and fifteen have tried cigarettes, and there has been a sharp increase in smoking among those aged between five and nine.
The usual panaceas are being offered as solutions; that there needs to be a ban on tobacco advertising and a campaign illustrating the effects of passive smoking. This does not, it seem to me, to go anywhere near understanding why, and by what means, children as young as two have become hardened smokers.
We all have choices to make in life, risks we freely chose to take with our eyes open. Ardi Razal clearly did not acquire his habit by free choice or overnight. Admittedly without knowing all of the facts -the report does not make the precise circumstances of his addiction to tobacco clear- I can only conclude that his parents are feckless, irresponsible or uncaring, perhaps a combination of all three.
Thursday, April 29, 2010
Kelly Clarkson - No Cigarette Sponsor
Promoter Adrian Soebono was quoted by USA Today as saying that cigarette brand LA Light will not be sponsoring Kelly's concert tonight.
I hope that this action will be followed by other promoters of music, sports and other activities in Indonesia.
Photo: Courtesy of USA Today.
Wednesday, April 14, 2010
U.S Kretek Ban
Last September, the United States Food and Drugs Administration banned Cigarettes with Clover, Fruit or Confectionery flavors, saying that they were particularly attractive to children.
As a consequence, the Kretek Cigarette i.e. Clover flavored Cigarettes that dominates the market in Indonesia can no longer be exported to the United States.
According to The Jakarta Globe, based on World Trade Organization rules, Indonesia and the U.S has 60 days to settle their differences, otherwise Indonesia can request the organization to help settle this matter. And right now the Indonesian government is preparing to take this step.
April 13, 2010
Jonathan Lynn
Indonesia Takes US Kretek Ban to World Trade Body
Geneva. Indonesia is launching a formal dispute at the World Trade Organization against the United States over its ban on clove-flavored kretek cigarettes, an official at Indonesia’s WTO mission said on Monday.
Like many trade disputes, this one involves health standards and whether they are being abused for protectionist purposes. It centers on the kretek clove and tobacco blends that dominate the market in Indonesia but are little smoked abroad.
The US Food and Drug Administration banned cigarettes with fruit, confectionery or clove flavors last September, arguing they were particularly attractive to children. But the US ban does not include menthol-flavored cigarettes widely produced in the US and smoked by about 19 million Americans. Indonesia argues this discriminates against foreign producers of flavored tobacco to help US manufacturers.
“They have to prove menthol doesn’t have a bad impact,” the official said.
US tobacco companies told the FDA on March 31 that adding menthol did not make cigarettes more harmful or addictive.
Under WTO rules, the two countries now have 60 days to resolve their differences, or Indonesia can ask the WTO to create a panel of experts to rule on the issue.
The case is only the fifth brought by Indonesia, the world’s 21st biggest exporter, at the WTO.
Indonesia is the world’s fifth-biggest tobacco market, and kretek cigarettes still account for most of the market. Exports of cigarettes and cigars totaled $358 million in 2008, the last year for which data is available. Only a relatively small number of kretek cigarettes is exported, and they are coveted by some young people in the US who see them as an alternative to more conventional brands.
Foreign tobacco producers, keen to gain a bigger share of expanding markets for cigarettes in emerging economies, have been buying up Indonesian manufacturers to acquire kretek brands and expertise and build on the potential for sales.
In June last year the world’s No. 2 cigarette maker, British American Tobacco, bought an 85 percent stake in Indonesia’s fourth-largest cigarette maker by volume, PT Bentoel Internasional Investama.
Philip Morris International acquired the majority of PT Hanjaya Mandala Sampoerna in 2005. Other Indonesian manufacturers include PT Gudang Garam and unlisted conglomerate Djarum.
Supervising the consultations with Indonesia will be one of the first tasks of the new US ambassador to the WTO, Michael Punke, whose Senate confirmation was held up for six months by a Republican senator from the tobacco-growing state of Kentucky.
As a consequence, the Kretek Cigarette i.e. Clover flavored Cigarettes that dominates the market in Indonesia can no longer be exported to the United States.
According to The Jakarta Globe, based on World Trade Organization rules, Indonesia and the U.S has 60 days to settle their differences, otherwise Indonesia can request the organization to help settle this matter. And right now the Indonesian government is preparing to take this step.
April 13, 2010
Jonathan Lynn
Indonesia Takes US Kretek Ban to World Trade Body
Geneva. Indonesia is launching a formal dispute at the World Trade Organization against the United States over its ban on clove-flavored kretek cigarettes, an official at Indonesia’s WTO mission said on Monday.
Like many trade disputes, this one involves health standards and whether they are being abused for protectionist purposes. It centers on the kretek clove and tobacco blends that dominate the market in Indonesia but are little smoked abroad.
The US Food and Drug Administration banned cigarettes with fruit, confectionery or clove flavors last September, arguing they were particularly attractive to children. But the US ban does not include menthol-flavored cigarettes widely produced in the US and smoked by about 19 million Americans. Indonesia argues this discriminates against foreign producers of flavored tobacco to help US manufacturers.
“They have to prove menthol doesn’t have a bad impact,” the official said.
US tobacco companies told the FDA on March 31 that adding menthol did not make cigarettes more harmful or addictive.
Under WTO rules, the two countries now have 60 days to resolve their differences, or Indonesia can ask the WTO to create a panel of experts to rule on the issue.
The case is only the fifth brought by Indonesia, the world’s 21st biggest exporter, at the WTO.
Indonesia is the world’s fifth-biggest tobacco market, and kretek cigarettes still account for most of the market. Exports of cigarettes and cigars totaled $358 million in 2008, the last year for which data is available. Only a relatively small number of kretek cigarettes is exported, and they are coveted by some young people in the US who see them as an alternative to more conventional brands.
Foreign tobacco producers, keen to gain a bigger share of expanding markets for cigarettes in emerging economies, have been buying up Indonesian manufacturers to acquire kretek brands and expertise and build on the potential for sales.
In June last year the world’s No. 2 cigarette maker, British American Tobacco, bought an 85 percent stake in Indonesia’s fourth-largest cigarette maker by volume, PT Bentoel Internasional Investama.
Philip Morris International acquired the majority of PT Hanjaya Mandala Sampoerna in 2005. Other Indonesian manufacturers include PT Gudang Garam and unlisted conglomerate Djarum.
Supervising the consultations with Indonesia will be one of the first tasks of the new US ambassador to the WTO, Michael Punke, whose Senate confirmation was held up for six months by a Republican senator from the tobacco-growing state of Kentucky.
Wednesday, March 17, 2010
Anti-Cigarette Fatwa
As a person who has stopped smoking cigarettes for 15(fifteen) years, I believed that there should be strict regulations to limit cigarette smoking so as to keep our environment clean. But I also realized that people who smoke must also be given a choice whether they want to endanger their health by smoking, or stop smoking. As long as they do not disturb non-smokers, it's okay for me.
Based on this thought, I was happy when I heard that on Tuesday, 9 March, Muhamaddiyah, an Islamic organization in Indonesia that based its actions on intellectual analysis, issued a Fatwa (Edict) which declared Smoking Cigarettes as Haram (Forbidden). Muhamaddiyah said that the Fatwa has been planned 20 years ago, with the intention to save millions of people from the danger of smoking cigarettes.
Although a Fatwa is not part of our national legal system, therefore there is no legal consequences, however it would bring moral obligations among Muslims, especially members of Muhamaddiyah, to follow such Fatwa, thus would prevent cigarette smokers from doing their bad habit arrogantly.
However, I was very surprised when I heard that the said Fatwa was connected with financial aid amounting to Rp 3.7 Billion that Muhamaddiyah received from the USAID, AUSAID, Global Fund and the International Union Against Tuberculosis and Lung Disease, for conducting clean air campaign in Indonesia.
For details, please click here, here and here.
Considering the above, I wish that the issuance of said Fatwa has not been related with the aid Muhamaddiyah received from the foreign institutions, thereby would not effect Muhamaddiyah's image as a religious organization.
Photo : Courtesy of VivaNews/Yahoo.
Wednesday, November 25, 2009
Smoke is risky for Computer Warranty
Do you know that cigarette smoke could effect your computer's warranty ?
Here is an interesting article that I found on Legal Blog Watch :
New Second-Hand Smoke Risk: Your Apple Computer Warranty
We've all learned by now that second-hand smoke presents a health risk, and should be avoided. But here's a new risk posed by second-hand smoke that you might not have known: It may void the warranty on your Apple computer.
The Consumerist notes in this post that at least two of its readers claim Apple deemed their "Applecare" warranties to be void due to secondhand smoke. Indeed, both readers reported that not only would Apple not repair the computers under warranty, it refused to even have its tech people work on the computers because they were a "bio-hazard."
Apple reportedly told Consumerist reader Derek that his warranty was void due to the second-hand smoke, and that they refused to work on the machine due to "health risks." Similarly, Consumerist reader Ruth says she was told by an Apple tech person that her son's computer couldn't be worked on because it was "contaminated with cigarette smoke which they consider a bio-hazard!" When Ruth complained to Steve Jobs' office, she says that an Apple employee in that office told her that "nicotine is on OSHA's list of hazardous substances and Apple would not require an employee to repair anything deemed hazardous to their health." According to Consumerists' readers, the Applecare warranty says nothing about the warranty becoming void due to second-hand smoke. Consumerist says Apple has not responded to its requests for an explanation.
Commenters on the post pointed out that the written warranty does exclude damage for an "improper environment," but most commenters seemed to agree that it was not at all clear that second-hand smoke would void the warranty. Some commenters noted that they have seen the inside of computers owned by smokers that were completely covered in a nasty, tar-like substance. However, the prevailing sentiment seemed to be captured by a commenter who wrote, "I am in utter disbelief. Citing OSHA? Really? Put on some damn gloves and fix these computers, Apple."
Here is an interesting article that I found on Legal Blog Watch :
New Second-Hand Smoke Risk: Your Apple Computer Warranty
We've all learned by now that second-hand smoke presents a health risk, and should be avoided. But here's a new risk posed by second-hand smoke that you might not have known: It may void the warranty on your Apple computer.
The Consumerist notes in this post that at least two of its readers claim Apple deemed their "Applecare" warranties to be void due to secondhand smoke. Indeed, both readers reported that not only would Apple not repair the computers under warranty, it refused to even have its tech people work on the computers because they were a "bio-hazard."
Apple reportedly told Consumerist reader Derek that his warranty was void due to the second-hand smoke, and that they refused to work on the machine due to "health risks." Similarly, Consumerist reader Ruth says she was told by an Apple tech person that her son's computer couldn't be worked on because it was "contaminated with cigarette smoke which they consider a bio-hazard!" When Ruth complained to Steve Jobs' office, she says that an Apple employee in that office told her that "nicotine is on OSHA's list of hazardous substances and Apple would not require an employee to repair anything deemed hazardous to their health." According to Consumerists' readers, the Applecare warranty says nothing about the warranty becoming void due to second-hand smoke. Consumerist says Apple has not responded to its requests for an explanation.
Commenters on the post pointed out that the written warranty does exclude damage for an "improper environment," but most commenters seemed to agree that it was not at all clear that second-hand smoke would void the warranty. Some commenters noted that they have seen the inside of computers owned by smokers that were completely covered in a nasty, tar-like substance. However, the prevailing sentiment seemed to be captured by a commenter who wrote, "I am in utter disbelief. Citing OSHA? Really? Put on some damn gloves and fix these computers, Apple."
Monday, October 26, 2009
Successful Lawsuit against a Cigarette Co.
Cigarette manufacturers are very powerful in Indonesia!
This can be seen from the advertisements spaces on the media and open-air sign boards that are dominated by cigarette manufacturers.
Efforts made by Anti-Cigarette activists, including filing lawsuit against those manufacturers, often ended in vain. Maybe the main reason is because those manufacturers contributed a large sum of money for our country's income.
Recently, I read on Legal Blog Watch about a successful lawsuit filed by a Cigarette Smoker against cigarette manufacturer Philip-Morris at the District Court of Boston, Massachusetts, U.S.A. Note: this company is majority owner of Indonesian cigarette manufacturer PT HM Sampoerna.
Although the verdict of the Supreme Judicial Court of Massachusetts may not be applicable in Indonesia, but it can at least be used as reference for similar lawsuit here.
Please find below the said blog post for your kind perusal.
'Healthy' Smokers Win Landmark Tobacco Ruling
The Supreme Judicial Court of Massachusetts ruled today that cigarette smokers who have suffered no apparent injuries to their health may nonetheless bring a lawsuit to force tobacco makers to pay for medical monitoring to scan for cancer that may develop in the future. The case, Donovan v. Philip Morris USA, was decided based on questions certified to the court from the U.S. District Court in Boston. In an opinion authored by Justice Francis X. Spina, the unanimous SJC said the smokers should have their day in court.
Our tort law developed in the late Nineteenth and early Twentieth centuries, when the vast majority of tortious injuries were caused by blunt trauma and mechanical forces. We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury which should be compensable even if the full effects are not immediately apparent. ...
When competent medical testimony establishes that medical monitoring is necessary to detect the potential onset of a serious illness or disease due to physiological changes indicating a substantial increase in risk of harm from exposure to a known hazardous substance, the element of injury and damage will have been satisfied and the cost of that monitoring is recoverable in tort. ...
Medical expenses are recoverable not only for direct treatment and diagnosis of a present injury or an injury likely to occur, but for diagnostic tests needed to monitor medically a person who has been substantially exposed to a toxic substance that has created physiological changes indicating a substantial increase in risk that the person will contract a serious illness or disease. The expense of medical monitoring is thus a form of future medical expense and should be treated as such.
The plaintiffs in the case are asking the federal district court to certify the lawsuit as a class action. They purport to represent a class of Massachusetts residents aged 50 and older who smoked Marlboro cigarettes for at least 20 years and who have not been diagnosed with or suspected of having lung cancer. Philip Morris sought to have the case dismissed in the District Court on the grounds that a tort plaintiff must be able to prove an existing physical injury in order to recover damages.That was the question the federal court asked the SJC to decide.
The SJC also ruled that the plaintiffs claims are not blocked by the statute of limitations. Because the technology was only recently developed that would allow the medical monitoring they seek in their complaint, the discovery rule would apply, the SJC said.
Posted by Robert J. Ambrogi on October 19, 2009 at 02:33 PM
This can be seen from the advertisements spaces on the media and open-air sign boards that are dominated by cigarette manufacturers.
Efforts made by Anti-Cigarette activists, including filing lawsuit against those manufacturers, often ended in vain. Maybe the main reason is because those manufacturers contributed a large sum of money for our country's income.
Recently, I read on Legal Blog Watch about a successful lawsuit filed by a Cigarette Smoker against cigarette manufacturer Philip-Morris at the District Court of Boston, Massachusetts, U.S.A. Note: this company is majority owner of Indonesian cigarette manufacturer PT HM Sampoerna.
Although the verdict of the Supreme Judicial Court of Massachusetts may not be applicable in Indonesia, but it can at least be used as reference for similar lawsuit here.
Please find below the said blog post for your kind perusal.
'Healthy' Smokers Win Landmark Tobacco Ruling
The Supreme Judicial Court of Massachusetts ruled today that cigarette smokers who have suffered no apparent injuries to their health may nonetheless bring a lawsuit to force tobacco makers to pay for medical monitoring to scan for cancer that may develop in the future. The case, Donovan v. Philip Morris USA, was decided based on questions certified to the court from the U.S. District Court in Boston. In an opinion authored by Justice Francis X. Spina, the unanimous SJC said the smokers should have their day in court.
Our tort law developed in the late Nineteenth and early Twentieth centuries, when the vast majority of tortious injuries were caused by blunt trauma and mechanical forces. We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury which should be compensable even if the full effects are not immediately apparent. ...
When competent medical testimony establishes that medical monitoring is necessary to detect the potential onset of a serious illness or disease due to physiological changes indicating a substantial increase in risk of harm from exposure to a known hazardous substance, the element of injury and damage will have been satisfied and the cost of that monitoring is recoverable in tort. ...
Medical expenses are recoverable not only for direct treatment and diagnosis of a present injury or an injury likely to occur, but for diagnostic tests needed to monitor medically a person who has been substantially exposed to a toxic substance that has created physiological changes indicating a substantial increase in risk that the person will contract a serious illness or disease. The expense of medical monitoring is thus a form of future medical expense and should be treated as such.
The plaintiffs in the case are asking the federal district court to certify the lawsuit as a class action. They purport to represent a class of Massachusetts residents aged 50 and older who smoked Marlboro cigarettes for at least 20 years and who have not been diagnosed with or suspected of having lung cancer. Philip Morris sought to have the case dismissed in the District Court on the grounds that a tort plaintiff must be able to prove an existing physical injury in order to recover damages.That was the question the federal court asked the SJC to decide.
The SJC also ruled that the plaintiffs claims are not blocked by the statute of limitations. Because the technology was only recently developed that would allow the medical monitoring they seek in their complaint, the discovery rule would apply, the SJC said.
Posted by Robert J. Ambrogi on October 19, 2009 at 02:33 PM
Friday, September 11, 2009
Cigarette ads on TV
Everyday, cigarette producers have aggressively advertise their trademarks and/or service marks on Indonesian televisions i.e. by sponsoring various shows, especially Musical & Sports, watched by people of all ages.
This is possible because according to the Broadcasting Law No. 32/2002 Article 46 Paragraph 36c, commercial advertisements may be aired by electronic media as long as they don’t show cigarettes or people smoking.
This implies that it is okay to advertise trademark and/or service mark of the cigarette producers.
In order to minimize the negative effect of such commercial ads, on 29 January 2009, the National Commission for Children Protection, the West Java Children’s Protection Council, and two children Alfie and Faza filed a petition with the Constitutional Court to request for deletion of above article, saying that such cigarette advertisement could encourage children to start smoking
Unfortunately, on 10 September the Constitutional Court rejected the petition saying that it has no legal grounds because cigarette is a legal commodity therefore cigarette promotion should also be seen as a legitimate action.
For details, please click here, here, here and here.
I hope that the government would make efforts to minimize the negative effect of cigarette commercial ads on TV perhaps by limiting the time for such ads to be aired.
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