[Intl-tobacco] Israel: Probe to find whether cigarette producers, importers misled public

[Robert Weissman]

Probe to find whether cigarette producers, importers misled public
by Judy Siegel
Source: Jerusalem Post, 2001-10-16

JERUSALEM (October 16) - A criminal investigation will be launched by the
Industry and Trade Ministry against manufacturers and importers of "lite,"
"mild," "low nicotine" or "low-tar" cigarettes for allegedly misleading
the public into believing this form of tobacco is "safer" than ordinary
cigarettes.

The ministry announced this yesterday after its legal adviser, Miron
Cohen, instructed the official in charge of consumer protection, Yitzhak
Kimchi, to launch such an investigation.

Cigarette importers and manufacturers are suspected of violating the 1981
Consumer Protection Law giving ministry officials broad (but little-used)
police powers to investigate individuals or companies that allegedly
mislead the public. The law sets a one-year prison sentence for "ordinary"
violations, and a two-year sentence for "serious" ones defined as
involving a "large number" of customers.

As many as half of all cigarette sales in Israel are of "lite" or
similarly "reduced" brands. Marlboro Lights, made by Philip Morris, is the
most popular brand sold in the IDF's Shekem kiosks frequented by soldiers.

The ministry investigation came as the result of a lawsuit filed in the
Jerusalem District Court last June by lawyers for Clalit Health Services
(CHS) who asked for an injunction to prevent cigarette manufacturers and
importers from using "light," "mild," "low tar" or "low nicotine" to
describe and market their products. The health fund argued that these
terms are misleading, because tobacco companies themselves have in several
forums admitted that cigarettes with less tar or nicotine are no less
dangerous. The court has not ruled in the case, but the ministry is viewed
as having taken action on its own as a result of the CHS request for an
injunction and efforts by the Israel Consumer Council.

This past summer, the European Parliament recommended to its 15-member
governments that tobacco companies be barred from using such terms on the
grounds that they falsely suggest lower toxicity. Brazil was the first
country in the world to put such a prohibition into force, followed by
Canada. If the criminal investigation leads to such action here, Israel
will be the third to do so, as the European recommendations are due to be
implemented in 2003, according to CHS lawyers Amos Hausner and Lipa Meir,
who are also seeking NIS 7.6 billion on behalf of the health fund in
compensation for its huge expenses in treating smokers who took ill.

Dubek spokeswoman Hava Barak said in response that the tobacco company
"has never used health claims for using its 'lite' brands, and it regards
the term solely as a definition of the taste of the cigarette." Dubek
lawyers also sent a letter yesterday to Commerce and Industry Minister
Dalia Itzik, arguing that since the matter is being heard in the Jerusalem
District Court, "opening an investigation is a violation of the sub-judice
rule." They therefore asked to stop any investigation until the court
completes its hearing.