JTI Consultancies: 2008-2017

• 2008 to 2012, JTI commissioned (consultancy based in United Kingdom), to perform economic analysis on proposed Plain Packaging in the UK, first considered by the UK government in 2008 and 2010. Four reports, prepared based on Europe Economics work, warned that if plain packaging were implemented, it would lead to an increase in counterfeit and/or contraband tobacco that would harm UK tobacco industry employment and reduce tobacco excise tax revenue. It also stated that a display ban would materially impair innovation, and a plain packaging requirement would probably all but end product innovation in the tobacco sector, which it claimed was an important source of enhanced consumer welfare. ^{1 2}
• In 2015 and 2016, JTI commissioned Andrew Lilico, Principal and Executive Director of Europe Economics to develop two reports about the effectiveness of plan packaging and its relation to the declining tobacco prevalence in Australia. The two reports published in 2015 and 2016 argued that plain packaging had no statistically significant impact upon the decline of Australia’s tobacco consumption and prevalence. ³
• In its response to the UK Department of Health’s consultation on plain packaging, JTI referenced two study by A. Kaul and M. Wolf and one report by a UK consultancy company – all three were funded by Phillip Morris and stated that evidence from Australia supported its argument that plain packaging was not effective, in contrast to independent research which proved the opposite.⁴
• In 2008, 2010 and 2013, JTI contracted Warren J. Keegan (Keegan & Company LLC, American consultancy), to develop reports in response to the UK Department of Health Consultation on the Future of Tobacco Control (2008), the European Commission’s Directorate General for Health and Consumer Affairs proposal to increase the size of health warnings on tobacco packaging (2010), and the European Commission’s proposal to increase the size of graphic health warnings on tobacco packaging (2013). The three reports prepared by Keegan argued that there is no reliable evidence to suggest that a ban on retail display of tobacco products or plain packaging would lead to a reduction in youth smoking uptake. Additionally, Keegan concluded that there is no single study constitutes reliable evidence in respect of the potential impact of larger health warnings on consumers’ smoking behaviour. ⁵⁶⁷

• In 2016, building on the work of Keegan & Company LLC, JTI commissioned David Midgley, Professor of Marketing, to review consumer research relevant to bans on the display of tobacco products in retail outlets. The review concluded that studies are not capable of reliably supporting a hypothesis that a point of sale display ban would have any impact on smoking initiation or cessation.⁸
• In 2010, JTI contracted Daniel Gervais, Professor of Law at Vanderbilt University, to prepare a report on the compatibility of plain packaging measures with the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) and the Paris Convention for the Protection of Industrial Property (the Paris Convention). The report listed how it will be challenging for countries to implement plain packaging while also fulfilling their commitment to TRIPS and Paris obligations.⁹
• In 2010 and 2016, Laurence Steinberg, Professor of Psychology, was commissioned by the law firm Freshfields Bruckhaus Deringer, LLP (instructed by JTI) to prepare reports on adolescent decision making and the prevention of underage smoking. One of the two reports’ conclusions was that the impact on adolescent smoking of changes in cigarette packaging or in the display of cigarette packages is likely to be very small at best.¹⁰¹¹
• In 2010, 2012 and 2013, Timothy M. Devinney prepared three reports for JTI. These reports argue that the evidence base used by the European Commission during its impact assessment of tobacco control measures, including plain packaging, did not provide a sound evidence base linking these measures to key outcomes, including reducing underage smoking initiation and increasing smoking cessation.¹²
• In 2015, Philippe Février, Romain de Nijs and Dorian Beauchêne, of the French consultancy MAPP, prepared a report for JTI that analysed the impact of implementing plain packaging on the tobacco sector economics in France. The report claimed that the implementation of standardised tobacco packaging in France would lead to a decrease in the French tax revenue.¹³
• In 2017, JTI contracted CanvasU, an Australian consultancy company to carry out a national survey in Australia to explore public opinion on the plain packaging policy implemented in 2012 (see: Plain Packaging in Australia). The CanvasU study included outputs that could be used to discredit governmental policies. For example, the report stated “80% of Australians believe the Australian government wouldn’t change or would be reluctant to change a preferred policy even if the evidence was weighted against it”;¹⁴ this wording could be used to raise concerns among public and decrease confidence in public health measures.

Individuals that have consulted for, or received funding from, JTI include:

Prof. David Midgley¹⁵

Prof. Daniel Gervais¹⁶

Prof. Laurence Steinberg^{17 18}

Timothy M. Devinney¹⁹