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Cigar Smoking - The Facts

The above information (except that separately referenced) is from: National Cancer Institute. 1998. Cigars: Health Effects and Trends. Smoking and Tobacco Control Monograph (10/04/1998).

Recent Action by the Ministry of Health (1999/2000)

Section 3A of the Health Act 1956 requires the Ministry of Health to improve, promote and protect the public health. As described above, cigars are clearly a risk for health.

The Ministry of Health has a statutory obligation to administer legislation for which it is responsible and to investigate clear breaches of this legislation. Failure to carry out this duty can result in judicial review. The risk of review is of particular significance in legislation like the Smoke-free Environments Act 1990 (the Act) where the ordinary citizen has been deprived of the right to initiate prosecution action. The appropriate officer (Director-General of Health) charged with that obligation is at least obliged to consider prosecution action.

Section 22 of the Act prohibits the publication of any tobacco product advertisement in New Zealand. Tobacco product advertisement is defined as:

'any words, whether written, printed, or spoken, including on film, video recording, or other medium, broadcast or telecast, and any pictorial representation, design, or device, used to encourage the use or notify the availability or promote the sale of any tobacco product or to promote smoking behaviour…'

Books, magazines or newspapers printed outside New Zealand are exempted, unless their principal purpose is the promotion of tobacco products.

When administering legislation, the Ministry balances freedom of expression and speech issues alongside the need to both implement the law and the need to prevent the promotion of tobacco products which, when used as the manufacturer intends, kill half their consumers an average of 14 years early.

The Ministry has also been concerned about an increase in the promotion of cigars. An article in the April 1999 issue of Retail Today states that cigar sales in New Zealand increased 9.2 percent in dollar terms in 1998. It goes on to say:

"Magazines like Cigar Aficionado, which features cover pictures of celebrities chewing on large cigars, have boosted the image of the cigar industry….The spate of cigar magazines now hitting bookstands is credited with the revival in cigar sales in the US."

Many media comments on the tobacco advertising ban have centred on the freedoms inherent in the Bill of Rights Act 1990. The Ministry notes that section 4 of the Bill of Rights contemplates that there will, from time to time, be legislation which is not consistent with the Bill of Rights.

When the Smoke-free Environments Bill was considered by Parliament in 1989/1990, the significant health effects of smoking and the need to discourage its promotion were considered to override the right to advertise and promote these deadly products . A similar stance is taken in relation to other issues such as the display of child pornography or the promotion of violent activity or racial hate material. In these cases Bill of Rights issues are considered secondary to protecting the population from harm.