Showing posts with label Signs of Life?. Show all posts
Showing posts with label Signs of Life?. Show all posts

Snus Gets A Day In Court, And Wins The First Round

Yesterday I wrote about a challenge to the EU-wide snus ban by Swedish Match and the NNA that was being heard in the High Court and my thoughts on why it should succeed. Well, the outcome was indeed successful as the case was given leave to appeal to the European Court of Justice despite being opposed by the Department of Health.

If you are interested in hearing more about the day, I can recommend this video of Professor Gerry Stimson, who led the NNA's involvement, in conversation with VTTV's David Dorn. Stimson explains the basis of the challenge, what went on in the court, and describes what happens with the case from here.

Do consider pouring yourself a brew and having a watch, it's very heartening to see one of tobacco control's most insane moral panics coming under legal scrutiny.

Snus Ban Stench To Be Aired In The High Court

This morning sees the start of an extremely interesting case brought in the UK High Court to attempt to lift the EU ban on snus. It is led by snus manufacturer Swedish Match and supported by the New Nicotine Alliance (NNA) to give a consumer aspect to proceedings.

You can read about the basis behind it at the NNA website here.

To give you a very brief rundown of how snus was banned all across the continent (except in Sweden who negotiated an opt-out when they joined the EU), in 1989 Health Secretary Kenneth Clarke ruled against it when a product called Skoal Bandits popped up in East Kilbride to predictable moral outrage. It was promptly banned in the UK after ASH and their fellow prohibitionist plankton did their usual bit of screaming about Big Tobacco and metaphorically smeared shit on the walls of parliament by pulling out every piece of junk science available at the time. Not content with this, Edwina Currie as Junior Health Minister then ignorantly and shamefully petitioned the EU to extend the ban across the whole of the EU, which it duly did in 1992.

Real life evidence has since shown this to be a criminally stupid thing to do. Snus has now been proven to be almost entirely harmless and in Sweden, where it is legal, smoking rates and levels of smoking-related cancer are lower than every other EU member state by an impressive margin.


The ban was maintained in the recent EU Tobacco Products Directive (TPD) despite further overwhelming evidence of its harm reduction potential having come to light in intervening years and despite the public consultation being overwhelmingly in favour of lifting the ban. Over 83% of the public who responded in 2010 argued that the ban should be rescinded, and of those the majority against the ban was over 63% from even governmental representatives.

The EU however then went to great lengths to bastardise this crushing condemnation of their piss poor legislation. They did so partly by throwing public responses in the bin.
The EU Commission, however, dismisses a significant portion of the responses from the 82,000 citizens on the grounds that two-thirds are from Italy and Poland, where tobacco merchants organised petitions. 
But even if we exclude these two countries, the majority is still for lifting the export ban on snus, 10-6, when respondents are broken down by country.
In fact, even if they stripped out the public altogether it was still no good, a majority still told them the ban was wrong. So they had to think of a new plan.
The European Commission's health directorate claims to have received responses from governments who in other ways support the ban on snus, but refuses to show them.
Well that's all nice and transparent then, isn't it? Take a public consultation, rip it up, then miraculously find a whole load of huge support for a ban, and refuse to allow scrutiny of the justification behind those opinions. I really can't understand why the British public get the idea that the EU isn't democratic, can you?

And, to top it all off, it's important to remember that the EU Health Commissioner at the time was John Dalli, a guy so utterly incompetent in health affairs that he believed e-cigs to be more harmful than tobacco and who was eventually fired by the EU after being implicated in soliciting bribes of €60 million to lift the snus ban. Despite his closest political ally having been recorded requesting a €10 million {cough} lobbying fee, and Dalli having been discovered jetting off to the Bahamas to investigate how to hide "sums of up to $100 million", the Commissioner insisted it was all just a plot by just about everyone ... against poor 'ickle him, as Maltese investigative blogger Daphne Caruana Galizia ridiculed at the time.
No doubt, two of the world’s most reputable newspapers are in a conspiracy with Saviour Balzan’s Queen of Bile, evil bloggers, gOnziPN, Giovanni Kessler, Jose Manuel Barroso, the nasty European Commission, and the mysterious agents who hacked Dalli’s email account and called him J Dalli BA. 
I am sure his psychiatrist – a man I mention because his medical certificates were so much in the news when he certified Dalli unable to get on a plane because of ‘psycho-social’ problems – has a name for this disorder, which unites persecution mania with the ability to convince oneself that one is absolutely innocent at all times, even when one is not. 
Enough of this nonsense. Really, enough.
In the ensuing panic, the EU and Malta closed ranks to show solidarity, and the TPD was passed - complete with the unamended snus ban - by replacement Maltese Health Commissioner a fellow clueless incompetent plank by the name of Tonio Borg.
Borg started out by saying that there was a need to take action because new tobacco products "looked like lipstick"!  
Borg went on to (wrongly) say that the EU had a ban on Snus 20 years before Sweden joined (it was 3 years) - the false statements continued as Borg (wrongly) told the meeting that there was "no evidence" that Snus reduces smoking. He was keen to stress that he did not want to "interfere with peoples choice" and proceeded to announce plans to remove the choice to use Menthol, Snus or electronic cigarettes.  
It came, as Borg used the seatbelt argument (these laws are for your own good) as he started talking more windy nonsense - he showed that he was appallingly ignorant of the basic facts, and also a liar, as he proclaimed that electronic cigarettes "give people a false sense of security" and "do harm just the same". These evidence free statements were followed (yet again) by him saying "we are not a nanny state".
All of this came as an embarrassment to Daphne Galizia, who hinted that Malta should be a little bit ashamed at the actions of Dalli especially.
This is enough for the European Commission to open a fresh investigation/case against him. 
And quite frankly, they should sue us for inflicting somebody so substandard on the Commission in the first place.
Although it's probably harsh to sue Malta for the stunning ignorance of its EU Commissioners, it's clear that something should definitely be done about the catalogue of callous disregard for the truth that the snus ban represents.

It is the result of pre-conceived demonisation of a benign product, willful scientific philistinism on an epic scale, crassly inadequate political skill, undisguised bigotry, corruption, stupidity and cant. It has led - in the parlance of those who seek to control our choices by way of computer models - to arguably hundreds of thousands of premature deaths.

As policies go, the snus ban is one of the most deadly and ill-conceived in the western world and deserves nothing but our utmost contempt. Today the High Court has an opportunity to clear the EU's Augean Stables of the stench of their malignant, deceitful and cretinous ban by guiding public health policy towards something just a little bit more sane and grounded in reality. Let's hope it does so.

God speed Swedish Match and the NNA. 

"A Big Shift Towards The Idea Of Harm Reduction"

With all the Christmas shenanigans going on, this positive short film (11 minutes-ish) from the Speccie kinda crept under my radar last month, but is definitely worth a watch.

Now, I've been rightly critical of TV Doc Sarah Jarvis before, but she is pretty sound when asked the question "Can businesses help us to be more healthy?", as are Sam Bowman of the ASI (from whom I pinched the blog title) and Chris Snowdon, as you'd expect.

The answer, of course, is yes as anyone familiar with e-cigs should know very well. The interviewer is Max Pemberton, who eagle-eyed readers will remember was a panellist at a health debate chaired by BBC The Daily Politics' Andrew Neil that I attended in February last year.

If you have time to spare, I can recommend viewing it over a cuppa; there is a lot to like (unless you're a business-hating, nanny state prohibitionist, of course).

The Much-Ignored Pleasure Of Smoking


There is a report out today from the Centre for Substance Use Research (CSUR) in Glasgow which should be compulsory reading for anyone and everyone in the tobacco control industry. Sadly, it will be largely ignored.

Entitled "The Pleasure of Smoking", the report canvasses the views of 583 'confirmed' smokers; that is, smokers who enjoy smoking and are mostly resistant to demands to quit. Lead author Neil McKegany explains why this research should be heeded in the Executive Summary.
This research has provided considerable detailed information on the way in which smoking is viewed by a group of confirmed smokers. This is a group whose opinions are rarely articulated. The implications of these findings from a smoking cessation perspective are significant because there is a clear gulf between the way smoking is typically viewed as a negative, somewhat reprehensible behaviour, and how the smokers themselves saw their smoking as a source of pleasure, a choice rather than an addiction. Whilst it might be objected that "Smokers would say that, wouldn't they?", if stop smoking services are going to succeed in engaging with those smokers who continue to smoke in the face of the extensive efforts aimed at encouraging smoking cessation they are going to have to be prepared to engage with smokers on the terms upon which those individuals view their own behaviour. This includes being willing to recognise the pleasurable elements of smoking. 
Indeed.

There are two things to observe about that introduction. Firstly, tobacco control has never been remotely interested in articulating the views of smokers, instead they have sought every avenue by which they can ensure the views of smokers are silenced or ignored.

Secondly, if any tobacco controller were to admit that smokers derive pleasure from smoking rather than merely being addicted, they would experience an avalanche of abuse and threats from their colleagues who are driven solely by the need to actively denormalise smoking and cast smokers as third class citizens incapable of rational independent thought. The report points out how such vile behaviour from tobacco control would never be tolerated in any other policy area.
In other contexts we recoil at the suggestion of excluding individuals from social gatherings on the basis of their gender, race, religion or sexual identity and yet we positively embrace the notion of excluding smokers from gatherings in enclosed public places. The increasing marginalisation of smokers means that we are less and less inclined to ask them about their views on smoking or their views on the evidence of smoking harm, of addiction, and their interest in changing their behaviour. As a result we understand less and less about the experience of smoking as seen through the eyes of smokers themselves. 
Yep. Those who wish smokers to quit have never been prepared to "engage with smokers" at all, a tactic that vapers might recognise too. It is why tobacco controllers have never, and will never, understand smokers or other users of nicotine. Simply because they don't want to.

Denormalisation has been a stated tactic of tobacco control for many years now, they are quite open about it. Ignoring smokers is just one facet of that approach. Considering this is an attitude endemic within the anti-smoking industry, it is no surprise that the smokers surveyed by CSUR find nothing of any interest when they come into contact with the "well-meaning people but bloody useless" (from the report) staff at stop smoking services.
 “I had worried that quitting smoking would be bleak dull soulless and righteous. Everyone I dealt with through stop smoking services confirmed that view. Not wanting to be like them is one of the reasons I started smoking again”, “It was rubbish and I was rather stunned when it was pointed out to me that ‘By now you are supposed to be using weaker patches and close to quitting’. I was not aware I was on some kind of timetable and they witter on so much at you. They turn it into something much bigger than it needs to be and pepper their speech and information packs with so much negativity and wittering on that it just isn’t worth continuing.” 
Smokers commented that they had found a judgemental attitude on the part of staff within the smoking cessation clinics that had a negative impact on their contact with the service: "I felt the advisor was condescending and holier than thou", "Weak, of little consequence, and coming from a position of sanctimony and patronisation, anti-smoking products are a placebo, they don't work", "Pseudo sales person for the pharmaceutical industry products. Promoted by quit smoking advisors who lacked any knowledge of smoking other than the anti-smoking dogma", "Negative vibe because I am a smoker".
I'm sure staff who profess to be committed to stopping people smoking might not like the idea that their attitude isn't helping, but just like any other industry it is the messages from above which are responsible for it. In an atmosphere, created by the extremists in tobacco control, where smokers are denormalised and society treats them with contempt - merely 'nicotine addicts' who imagine pleasure instead of experience it - it's hardly surprising.

Of course, there is another way.
Successful models of engagement of smokers need to recognise and work with the enjoyment and pleasure that can be found in smoking. If smoking cessation services solely or principally stress the health harms associated with smoking and lay strongest emphasis on an addiction model to explain continued smoking in the face of those acknowledged harms, they will simply continue to find themselves very distant to the sorts of smokers we were surveying. 
The report also details how these committed smokers are very well aware of the health risks involved but - contrary to every policy justification the tobacco control industry has ever suggested - make value judgements based on the (exaggerated) guidance they are given and choose to smoke anyway. In the section on willingness to try harm reduction products like e-cigs, for example, a concern for health was way down in fifth place behind the ability to use them in public places, the fact they are cheaper, and preferences about flavour and smell.

In fact, the CSUR report covers this counterproductive tobacco control idiocy too.
A small number of smokers drew attention to sanctions on public vaping and some people's negative reactions to vaping as having undermined their experience of using the devices. "Same social stigma as as smoking so what's the point, may as well keep smoking the real cigarettes as much more pleasurable", "Still had to stand outside to vape, often right next to rubbish bins, this made it pointless to switch hence not using now", "Restrictions on use" and "Vaping bans"
In light of this, I shall digress briefly and remind you that there are individuals around who believe smokers should quit smoking and use e-cigs instead; are head of organisations which have policies supportive of e-cigs; yet still go to national newspapers like, oh I dunno, The Times, and say that vaping should be banned in all public places. I mean, how cretinous do you have to be to come out with ignorant garbage like that, eh?

It's especially counterproductive when the CSUR research also found that smokers who had tried e-cigs "reported enjoying cigarettes significantly more than those who had not". By attacking vaping simply based on their stupid prejudices, anti-smokers could therefore well be actively harming the chances of committed smokers switching to e-cigs.

Of course, they have no way of knowing that because they won't talk to smokers - instead being determined to ignore them - and will also dismiss today's published report. How do we know this? Well, because they have done so already.

In October, ASH Scotland prepared the way in a blog entitled "The “smokers survey” that can’t tell us anything about “smokers”".
The stated aim “To find out what smokers really think” seems to have missed this crucial point. Surely FOREST is not intending to use the results of this survey to make claims about smokers as a whole? To allay our concerns, will they state clearly that their survey cannot be taken as representative of the views of all smokers and will not be presented as such?
As is customary, attempts were made to make it clear that this wasn't the intention of the report, something that CSUR are open and transparent about in the Executive Summary. However, ASH Scotland were the very opposite of open and transparent, and two months later have still refused to publish comments on their article.

This is because the tobacco control industry, as I have said, don't want to hear about the views of smokers and will wriggle and squirm to make sure they never have to. The CSUR report is very revealing and could be useful to an industry wishing to help smokers to quit. Sadly, the tobacco control industry isn't interested in that at all. It doesn't care about why smokers smoke and definitely doesn't want to hear about what smokers think, far less to engage with them.

So this report will be widely ignored; lessons will go unlearned; and it will all be dismissed as being a tobacco industry plot. This, my valued fellow jewel robbers, is why it has never been about health. 

A Well-Deserved Award And Meeting Biebert

Last night I travelled down to Le Meridien Hotel here in New Delhi for an auspicious awards ceremony. Well, I say awards in the plural but there was only one; and unlike other awards ceremonies there were no other nominations simply because no other organisation even comes close to the winner in this category.

The award was for "The Least Transparent Organisation in the Galaxy" and was won by ... drum roll please ....The World Health Organisation!


This exquisite trophy - made out of $8 worth of reclaimed Lego from a loose Lego shop in Germany - is described by Students for Liberty, who made the award, as follows.
The Least Transparent Organization of the Galaxy Award is a Bricked-Up Door held up by four pillars – one pillar representing the common good, one for superiority, one causes harm as it prevents harm reduction, and one holds the door firmly shut.
In his pre-award speech, Frederik Cyrus Roede announced that, "sadly, the WHO can't be with us tonight" because "they wouldn't reply to our calls or emails". Standard stuff.


It is well-deserved, especially when you see what the FCTC organisers are doing to journalists at COP7. Watch the film below and be amazed and disgusted at the same time.


Last night's award ceremony isn't the only event staged by Students for Liberty during COP7, they also protested in the plenary on Monday morning and their Indian members staged a protest in support of tobacco farmers (whose living the FCTC wants to destroy purely based on ignorant ideology) outside the COP7 venue.

This short 2 minute film explains why and gives you more background of what has been going on at COP7.


As mentioned in my last article, I also met A Billion Lives Director Aaron Biebert last night. We had a good hour long chat about David Goerlitz's Indian visa refusal, how the film is being received and on his future plans amongst other things. Oh yeah, and he called me "a legend", which was nice except aren't legends supposed to be dead?

Biebert is, of course, in India for a special screening of his film tonight at the Ojas Art Gallery up the road. He couldn't have timed it better seeing as the FCTC are today debating what they intend to recommend to member states about e-cigs. So why not tweet the latest trailer on the #COP7FCTC hash tag and let the least transparent organisation in the galaxy know about it. 

Kids, Jobsworths And Clowns at #Battleofideas

"The current fuss about creepy clowns is a pantomime version of the world. Adults are no longer able to lay the law down to kids, and life is ordered not for adults but for children".

So opined Dr Andrew Calcutt, a lecturer at the University of East London, during a Battle of Ideas panel debate this weekend discussing the so-called 'killer clown' craze which swept America and is now reaching panic proportions in the UK and beyond too.

He was referring to how online-led pranks such as these are well understood by teens on social media and that kids are generally unconcerned, but that media panic and moral outrage contribute to blow things out of all proportion, despite history telling us that crazes soon die down to be replaced by something else, especially if there is little fuss.

Dr Calcutt tops up with water prior to the 'killer clowns' panel
The "life is ordered not for adults but for children" idea could also just as easily have been adopted as a partial theme for the other two sessions I attended at the Barbican event though. In fact, this is my sixth year of rocking up to the annual Institute of Ideas free speech festival, and it could describe most of what I've seen over that period.

The first of my chosen sessions this year was "The Busybody State" which discussed how we have arrived at the position whereby so much human behaviour is now frowned upon and controlled by petty bureaucracy and poorly-trained citizen enforcers. The archetypal 'jobsworths' who can now issue fines for 'crimes' such as enjoying a barbecue on a beach, lying down in a public place, busking, smoking in a park, handing out leaflets on the High Street, and even reading poetry in a pub without a licence.

The panel for The Busybody State
As we know here, using children as a weapon to impose illiberal rules is a favourite tactic of 'public health'. Denying adults the freedom to smoke in public in case children see them is one particularly fascist application of the weapon, but Dr Jan MacVarish - a lecturer at the Centre for Parenting Culture Studies at the University of Kent - told of methods employed by the modern day health visitor which are arguably more sinister. Explaining how the state now assumes that all new parents are incompetent and therefore require guidance, she expressed mild exasperation that "there is no thought that parents might, you know, just work it out for themselves". That the child is precious and the parent assumed to be a vector for harm no matter the domestic environment.

Josie Appleton of the Manifesto Club had kicked off the panel - partly as an unofficial launch of her new book, Officious - with a speech detailing the history of officialdom and how its roots used to be to control based on class, and how this is still partly true. Speaking to about 200 people who had trekked to the very remote Frobisher Auditorium on the 4th floor ... with no lift - an attendance which illustrates how many people can identify with the deteriorating relationship between citizens and the locally-administered state - she ran through abuses of power such as PSPOs and other infringements on liberty and described how it seems that none of these petty rules are designed to advance the public good, but more to place the bureaucrat at the top of the food chain and to value rules over and above the preferences and choices of the public.

Full house to hear about The Busybody State
Fellow panellist Max Wind-Cowie - a self-professed big C conservative who appreciates rules and order but is still concerned about the rise in petty criminalisation of mundane activities - succinctly condensed this phenomenon as "we've nationalised the clip round the ear". And it's true. The public is not trusted to resolve conflicts over minor irritations amongst ourselves now, increasingly it is local councils who seem to believe that the only members of the public who can be trusted to tackle mildly icky behaviour are those deemed to be an "accredited person" after arguably scant training. An accredited person is now elevated above their peers and their word trusted in any case of disagreement. If you were to receive a penalty notice from one of these people, you could argue that you did not commit the offence - and you may be 100% correct - but their word is worth more than yours because they have been accredited.

Common sense and assumptions of innocence have been replaced by control and the assumption of state-designated power as infallible.

Mark Littlewood of the IEA suggested that skewed motivations were at fault for the burgeoning bully state promoted by local bureaucrats; that they may well believe that since local services are paid for by taxpayers, councillors and officials are obliged to do everything in their power to reduce - for example - discarded leaflets on the High Street due to a marginal increase in cleaning up costs. However, he pointed out that this incentive often disregards the greater goal of local harmony; that most of the public will rationally value freedoms and human interaction more than a few pennies here and there on a council spreadsheet. The problem, then, is that local authority incentives regularly fail to serve the public adequately. His suggested solution was to shift these motivations by "naming and shaming" the bureaucrats involved; to personalise the issue and remove anonymity. If Joe Bloggs, accredited person or bureaucrat, is exposed to ridicule when writing illiberal rules or rigidly enforcing them, it might encourage them to take into account more human decency and introduce some semblance of discretion which is very often lacking. Publicity, he argued, is something that bureaucrats fear greatly, and I would agree.

He also expressed dismay that these attitudes had spread from the public sector into private industry, citing one particular example as quite shocking.


Of course, we know that this too is a state-funded - and therefore public sector - problem brought about by tax-spongers at Healthy Stadia misleading sports clubs with deliberate lies based on ideology not health and others like them exaggerating miniscule concerns into something bigger. Pubs, for example, can't be guided in the right direction all the while ASH refuse to vocally object to bans and offer the dire insipid advice that they do. Not that this makes the problem of private sector bans any less worrying.

One of the reasons for e-cigs not being allowed in sports stadia, of course, is that children shouldn't see them, which also came up as a theme in the second of the BoI sessions I attended entitled "Does Britain have a gambling problem?".

The gambling panel in the Pit Theatre
On the far right of that pic above is John Crowley - Editor-in-Chief of International Business Times - who argued that Ray Winstone advertising betting companies during daytime sports shows should be banned because his children see him. When it was suggested that there are tools by which it is possible to ensure they don't, he replied that he didn't think it should be up to him to police what his kids see, so therefore the ads should be restricted to after 9pm.

He had used the example of the England cricket tour of Bangladesh which he'd been watching at 11am that morning by way of justification. I struggled to think how many cricket matches take place after 9pm whereby the obviously child-alluring Winstone might be allowed, but I suppose there might be some.

Crowley was also not enthused by the suggestion that technology could solve his very personal problem. It was advanced that it is very likely that digital viewing may very soon allow account-holders to decide which adverts they wish to see and which they don't. Considering that betting and gambling companies pay top dollar to advertise - and therefore subsidise TV subscription rates - it might be that those who opt to reject those industries advertising might pay a higher rate for their viewing, but it would be worth it so their kids wouldn't see ads they find objectionable, wouldn't it? I didn't get the impression that Crowley agreed.

His ally was the baddie of the whole day for me (there is always one, last year was the RSPH's Duncan Stephenson, you may recall). Step forward Jim Orford, Professor of clinical and community psychology at the University of Birmingham, and proud founder of Gambling Watch UK.

Jim Orford
In Orford's world, there are no redeeming features of gambling, no pleasure derived, merely problems. He argued that despite problem gambling only making up a tiny percentage of those who regularly enjoy a flutter (and even amongst those there will be a significant number who shouldn't be classified as such), it is still a big number so there should be far more restrictions. He naturally agreed that seductive kiddie corrupter Winstone should be removed from view for the children, but also advocated even more stringent measures. He spoke of how "the balance is increasingly wrong between freedom and regulation" and talked about "going back" to an era he viewed as far more acceptable. By the way he spoke, I imagined that would be around 1950 when gambling was banned and only Flash Harry bookie's runners ran the trade.

As a side note, it's interesting that when those of us who believe 'public health' has gone too far argue that we should go back to something more realistic, we are condemned as being stick-in-the-muds who have a glamourised view of the past, and that 'progress' is being made. But when progress involves liberalising rules, bansturbators squeal that only a Victorian appreciation of risk is acceptable.

For someone who mentioned children as a justification, Orford's own understanding of the betting industry was remarkably childlike. Citing the 2005 Gambling Act as a root of much evil, he spoke of how local councils are no longer able to restrict shops opening by having to prove "unmet demand" and that this has led to tons of them populating our High Streets and making them look grubby. It's an interesting argument but only if you have a rather arrogant view of how businesses and humans interact. He seemed to be saying that it is only the power of the state - and clever people like him, natch - which had been stopping bookies opening up in every available shop letting in every High Street in the country; that businesses never take into account whether there is demand for their product, they just want to place loss-making operations in as many locations as they can muster.

Likewise, that the moment a shop opens up, vacant proles are instantly deprived of their better instincts and are seduced, like automatons, into becoming enthusiastic gamblers against their will. The betting industry is incapable of assessing demand, only the state can do that; and consumers are woefully incompetent at assessing their own level of risk based on their income. Only Jim and his mates can do that.

This strikes me as an incredible position to take. It masks what is an in-built disgust for the will of people and the wisdom of businesses. He may couch his 'concern' in fluffy terms but his basic message is that people are stupid so can't be trusted. I'd far prefer it if those who favour restrictions and prohibition would just come out and honestly say that rather than pretend that they're 'protecting' the public from avaricious businesses who are apparently not interested in profit, but instead merely want to thrust shops onto poor hard-pressed local authorities just for a laugh.

If you think you might have seen these kind of methods before, you'd be right. Orford also talked about how ads should be banned "just like we did with tobacco" and spoke often about gambling as a 'public health' problem. It was quite clear he was using the same tactics and the same dubious manipulation of statistics - I was ticking off the instantly recognisable template sound bites as he spoke. At one point, he condemned the gambling industry for providing over 90% of funds for treating harmful gambling, saying the he would prefer that they were not involved at all. "It's significant", he asserted, "that the only conference on gambling harm is funded by the betting industry!". He didn't quite explain why he and others who feel the way he does didn't hold their own conferences as they are quite entitled to do.

By way of response, Malcolm George of the Association of British Bookmakers - who had sponsored the session and asked that Orford be invited to flay them - declared that if taxpayers wanted industry to butt out of programmes to help problem gamblers and for the state to pay for it instead, he'd be very happy (I wouldn't, for the record), but that he was proud of what they do.

Despite all that, it was a feisty session which is most welcome and why the Battle of Ideas is such a great event to attend. Yes there are some hideous people there at times but the motto is "Free Speech Allowed" which is its charm. I'm sure there were plenty who would have a polar opposite view than mine, and they often make themselves known in the Q&A periods. If only there were more opportunities like that in the policy areas we discuss here, eh tobacco control?

After those two sessions, it was curiosity which drew my pal and I to the hastily-arranged panel on "Creepy Clowns: Horror, social media and urban myth" and the aforementioned remarks of Dr Andrew Calcutt. Was this another case of kids being over-protected?

Perhaps so. At one point, a head teacher objected to the suggestion that creepy clowns are mostly benign, and - with a barely-suppressed anger - argued that it was "not fun, but anti-social". His view was very quickly counteracted by a couple of Year 10 students in the audience (there were many youngsters in the sessions I saw) who said that the "killer clowns" didn't bother them much at all. The media, it seems, were more squeamish about the whole palaver than the kids they were concerned about. It makes you wonder how the whole thing got elevated into such a moral panic (which we know will evaporate in very short order).

Perhaps, I dunno, red top news organisations could start by not calling them 'killer clowns' I suppose. Elevating pretty mundane concerns to the category of 'epidemics', 'ticking time bombs' and crises' which require 'urgent' or 'courageous' action - often by invoking the children - when it's almost never worth the hysteria, and almost always harms society for no good reason overall, is great for those who profit by promoting such panics, but never good for the rest of us who have to suffer a never-ending net deterioration in quality of life.

Maybe there's a lesson in there somewhere.

Adam Smith vs The Morality Police

The Adam Smith Institute has today published a pretty impressive report which will go down like a lead balloon in the ranks of blinkered trouser-stuffers in 'public health'.

You can read the whole thing here but there are some cracking highlights.
By stifling innovation, regulation may freeze products in a state that is far less safe than free-wheeling capitalism would otherwise provide. Given that most smokers or drinkers would prefer not to die young or suffer from chronic illnesses, there is a clear (and perhaps very strong) profit incentive for the firm that can replicate the experience of smoking a cigarette without producing the harm that cigarettes do. That products like this are finally making their way to market is evidence of the power of this incentive: they are replacing the more harmful original options in spite of, not because of, regulation.
Indeed. And they are being brought to market while those who pretend to be interested in our health are scrambling to ban them.
And it means that policymakers concerned about public health should draw back from the heavy-handed approach based on the precautionary principle that they currently take. The precautionary principle assumes that the status quo is acceptable – with so many people dying of smoking-, alcohol- and drug-related illnesses that is clearly not the case. A new drug or reduced-risk tobacco product that kills some users may still be a massive improvement if it kills one-twentieth as many users as the thing it’s replacing. Our rules go way beyond basic safety standards – they impose a massive burden of proof on anyone trying to market a product that competes with the existing vices that harm people every day. 
A ‘permissionless innovation’ approach may be the best way forward. In this framework, firms are free to innovate and markets anything they like to consumers, with the proviso that untested products must be explicitly marketed as such, with the firm forced to pay the price if and when things go wrong. A regulatory approach on this basis would create a pathway for new reduced-risk products that were, if not 100% safe (such a thing is impossible), a lot safer than the things they were replacing.
This, of course, is never going to fly with 'public health' professionals simply for the fact that thousands of them would instantly become redundant. They need the precautionary principle to exist or they'd have to forsake their annual trip to Tuscany and the Lexus would have to be pawned.

Where's the attraction to state-funded parasites if the state is absolved of its huge financial burden by free markets and regulated free choice of individuals, eh?

What's more, puritanism could be threatened. Those with irrational prejudices just don't like people enjoying themselves, and David Nutt draws a superb parallel with the idea of less harmful booze.
It is unlikely that these innovations would be wholly welcomed. There could be a negative reaction from some parts of the public health movement, just as there has been with e-cigarettes. For some in public health, the very idea that people want to consume nicotine for pleasure is an anathema. It would be unsurprising to see similar attitudes toward synthetic alcohol from campaigners who do not want to see a safer form of intoxication encouraged and who might claim innovations of this sort are a distraction from trying to reduce alcohol consumption or encouraging abstinence.
Isn't it interesting to see prohibitionism in reverse? For years we have seen tobacco control being used as a template for those who want to ban other pleasurable consumer products. Now we see e-cigs being cited as a template for pushing back against the increasing extremism of puritanical junk science-toting fucktards who just don't like the choices of others and pretend their pointless policies are to do with health rather than their own odious bigotry.

The ASI press release adds more policy to the study, and there's not a lot you can argue with unless you're a vested interest prohibitionist.
New study reveals discoveries in cigarettes and alcohol sector could have seismic effects on public health, but are currently blocked by “morality police”

The UK has the opportunity to be a world leader in reducing the risks of drinking and smoking following its exit from the European Union, a new paper from the Adam Smith Institute released this morning reports.

The new study reveals how heavy-handed EU and UK government regulations have held back the development of safer alternatives to drinking and smoking, with public health officials pursuing abstinence campaigns to the detriment of risk reduction products that could save thousands more lives every year. 
Despite slashing smoker numbers, e-cigarettes been hampered by regulation. Although they are 95% safer than combustible cigarettes according to Public Health England, e-cig companies are unable to market their comparative health benefits to the public, and the latest round of EU regulations will make the development of newer, better, and safer e-cigarettes for consumers much more difficult.

As the latest innovation of ‘heat not burn’ tobacco products is brought to market the report underlines the importance of fostering innovation and competition on safety. Regulators are becoming increasingly restrictive rather than fostering innovative and satisfying alternatives to smoking and drinking. 
Theresa May’s government would be wise to utilise Brexit to throw out regulation like the the EU’s Tobacco Products Directive and save thousands of lives a year. Replacing it with a system of ‘permissionless innovation’ where a regulatory pathway for safer products to be developed and marketed is created, both by big players and by new entrants to the market. 
Sam Bowman, Executive Director of the Adam Smith Institute, said:
“It’s innovation not regulation that got us e-cigarettes. They emerged and prospered in spite of regulation, proving to be the best way to get people to quit quickly that we know of. But despite this, misguided public health officials are trying to clamp down on them because of evidence-free and dangerous fears that they ‘normalise’ smoking.

“Other products like synthetic alcohol and reduced-risk tobacco products promise to repeat the success of e-cigs for new people, but only if we let them. It is crucial that the government does not stand in the way of hangover-free alcohol.

“Regulation must be flexible and encouraging of new products that are safer than the vices they’re competing with. Britain can be a world leader in safe alternatives to alcohol and cigarettes, but we need regulation that foster those things instead of stamping them out.”
Just imagine that! "World leader". 'Public health' do so like being the first to do something don't they? So surely they should embrace this with open arms!

Sadly, they all generally pursue only their own self-interest and would shun anything that the Adam Smith Institute ever suggests, even if it is perfect common sense like this which should have those interested in health salivating instead of withdrawing to their state-funded boardrooms to find a way of derailing it.

Which is all rather interesting seeing as it was Adam Smith who introduced the concept of self-interest being the motivator of economic activity. In the 'public health' sphere, the only self-interest is how much they can suck out of the state that funds them, so they will quite naturally reject these suggestions out of hand because - whether they are beneficial to public health or not - they will result in the loss of grant funding for a whole lot of highly-paid parasites in the "OMG, think of the children" profession.

When we talk about disruptive technology, we refer to modern innovations which sweep away indolence and entrenched and costly positions. These are the big burdens on progress, much like candle-makers objecting to the introduction of electricity.

'Public health' is now playing the role of the candle-peddlers, desperately clinging onto their own self-enriching snobbery instead of looking at alternatives which could deliver more benefit to the public than their antiquated restrict, tax and ban mentality could ever be remotely capable of.

Do go read the ASI report here, and let's hope it gains the much-needed column inches it deserves.

Tobacco Control Fantasy Evaporates In Court

Great news from those spunky Dutch!
Cafes and bars can continue to set up special smoking rooms where customers can light up, judges in The Hague said on Wednesday. 
Good. As it should be.
Anti-smoking lobby group Clean Air Nederland had gone to court in an effort to have all smoking rooms abolished. 
Yep, that's what disgusting anti-social fuck-knuckles do. They would never go into these rooms themselves, but they went to court to stop everyone else from choosing to and to stop businesses choosing to provide them.

And the reason?
It argues that allowing cafes and bars to sanction smoking in certain areas conflicts with international treaties signed by the Netherlands.  
Note the absence of any mention of bar staff? That's old hat now. What this hideous bunch of interfering spooge-gobblers were complaining about is that the elected Dutch government was not adhering to a rule laid down by a cabal of unelected extremists at the WHO.

Fortunately, the Dutch court system recognised a very salient fact that tobacco controllers would prefer politicians didn't know.
The court ruled that CAN cannot call on the World Health Organisation treaty which requires signatories to actively combat the use of tobacco and to protect people against tobacco smoke.

The text of the treaty does not state that there should be a ban on smoking or that countries are obliged to introduce one, the judges said in their ruling.
This is article 5.3 of the FCTC (and even the FCTC in its entirety) being called out for what it is ... a big empty threat that the lying bullies in tobacco control wave around as if it were legally enforceable. Now, I don't know if they're just incredibly dense or that they actually believe their own lies, but we should thank the Dutch legal system for stating the bleeding obvious and ruling that FCTC guidelines (the clue is in the name) are nothing to do with the rule of law or legislation in any country which has ratified it. They are quite simply a mendacious tool that the tobacco control industry uses to control dissent and ensure their incompetence isn't challenged by people who know what they are talking about.

As Snowdon explained last year, tobacco controllers have built an elaborate fantasy around article 5.3 which they regularly try to use as a club against civil consultation and common sense policy-making.
Local councils have been sold a bill of goods by ASH about what they can and cannot do. I've been reading a document entitled 'Guidance for Trading Standards on engaging with the tobacco industry' which is endorsed by ASH and Public Health England. ASH has its own list of tips entitled 'Developing Policy on Contact with the Tobacco Industry'. Both of them offer highly misleading advice to local authorities based on a misrepresentation of Article 5.3. The first of them says:
This document articulates the legal obligations placed on public authorities by the Treaty and illustrates established best practice for those working in the sector.
The 'Treaty' has never been enshrined in law in Britain or the EU, so this is wibble from the outset. There are no 'legal obligations'. From a legal perspective, the FCTC is nothing more than a bunch of aspirations, but even if Article 5.3 was the law, it clearly refers to health policy, not trade policy, smuggling or waste disposal.

None of this stops ASH from making thinly veiled threats like this...
[Article 5.3] could be relied upon in legal proceedings brought by an individual or other non-state body against a public authority. An authority that does not act in compliance with the convention may be exposed to risk of judicial review. If a local authority decides to diverge from the guidelines it is suggested the reasons for doing so should be documented.
This is intimidation, plain and simple. It raises the spectre of lawsuits (that will never be filed) to coerce councils into taking an extreme position to suit ASH's comic book worldview.
Except, of course, in the Netherlands a bunch of deluded cranks thought that FCTC guidelines were so powerful that they could file a court case. They have now found out that their fantasy of legislative status for a wish-list written by vile tax-spongers, and a puerile "na-na-na-not listening" clause drafted by some of the world's biggest lunatics, aren't actually legally enforceable after all.
CAN said immediately that it would appeal.
Of course they will. The illusion they are trying to create dies and reality gets noticed if they don't.

Let's all look forward to their lying asses being whipped again in due course.
Watch Youtube Blog Proudly Powered by Blogger