Scottish Grocers’ Federation

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The Scottish Grocers’ Federation (SGF) is a trade association for convenience stores in Scotland.1 It has campaigned against several public health measures, despite being a member of the Scottish Government’s Ministerial Working Group on Tobacco Control, which is “…a forum for the development of policy to reduce the impact of tobacco on Scotland’s health”2

Relationship with the Tobacco Industry

Image 1: SGF Gold Membership Benefits (screenshot from SGF website, May 2014)

SGF Members: JTI, Imperial, PMI, BAT and JUUL Labs

SGF is primarily funded through two types of membership: retail membership and corporate “supplier” membership. There are four levels of corporate membership: Platinum, Gold, Silver and Bronze. In 2014, Gold corporate membership was worth £9,999 per year (see Image 1).3

As of July 2022, SGF listed four tobacco companies as corporate members: Japan Tobacco International (JTI); Philip Morris International (PMI); British American Tobacco (BAT); and Imperial Brands. JTI was a Platinum member; BAT, PMI and Imperial were Gold members.45 JUUL Labs, in which Altria owns a 35% stake, was listed as a Bronze member, as was the UK Vaping Industry Association (UKVIA), another trade organisation of which all these companies are members.4 Imperial’s e-cigarette brand blu had previously been listed as a Gold member.6

In 2012, when SGF had 37 corporate members (including Imperial, BAT and PMI), the total tobacco contribution accounted for 9.7 per cent of total SGF income derived from corporate memberships.78 The current proportion of tobacco contribution to SGF corporate membership revenue is unknown.

Despite significant corporate interests, SGF has stated in the past that “policy decisions, campaigning work and lobbying activities are wholly determined by our National Executive, which is comprised solely of our retail members. Corporate members are not represented on the National Executive”.9

Targeting Members of Scottish Parliament

In addition to lobbying (detailed below) the Federation has consistently worked to develop relations with members of the Scottish Parliament.

Sponsors Community MSP of the year

As part of The Herald newspaper’s Scottish Politician of the year awards, SGF sponsors the category for community MSP. Dr Pete Cheema OBE, chief executive of Scottish Grocers Federation, said: “We are proud to be sponsoring the Community MSP of the Year Award. This is the first time we have been involved as a sponsor and we are delighted to be associated with such a high-profile event.”1011

Secretarial Support to Parliamentary Group on Independent Convenience Stores

In September 2016, the inaugural meeting of the Cross Party Group on Independent Convenience Stores (ICS) took place in the Scottish Parliament. Pete Cheema and John Lee from the SGF spoke at the meeting with Cheema proposing Gordon MacDonald MSP as the convenor.12 The SGF provides secretarial support with Lee given as a contact.13 As of 2022, MacDonald remained the convenor.13

The ICS group has eleven MSPs as members and member organisations include the Scottish Wholesale Association, which has tobacco industry members.13 According to the group’s website, it aims to “inform MSPs of the issues and challenges facing independent convenience stores and to highlight the contribution local neighbourhood shops make to Scotland’s communities.”13

Lobbying on Tobacco Harm Reduction

Attempted to Set Up Parliamentary Group

In 2018, the SGF and PMI unsuccessfully tried to set up a Scottish Parliamentary Cross-Party Group (CPG) on Harm Reduction and/or e-cigarettes.14 Richard Lyle, Member of Scottish Parliament (MSP), was asked to convene the CPG due to his personal experience as a long-term smoker turned vaper. In 2017, the MSP had visited PMI’s Swiss Research and Development facility to be briefed about the company’s heated tobacco products, a trip paid for by the tobacco company.15

In April 2018, John Lee, SGF’s Head of Policy and Public Affairs, wrote to Lyle explaining SGF’s interests in setting up the CPG:

“Whilst it goes without saying that we all support a reduction in smoking, there is no question that their replacement on the shelves with a less harmful alternative is good not just for the nation’s physical health, but also for the health of our sector”.16

He added:

“potentially E-cigarettes and reduced risk products could be a very important sales category for small retailers”.16

“Frustrated” that Tobacco Companies Could Not to be Involved

Lee’s letter to Lyle refers to an earlier discussion between Lee and Lyle about the role of tobacco companies in the CPG, stating that both had agreed, yet were “frustrated”, that it was “critically important that tobacco manufacturers are not included on, nor invited to, the proposed CPG”:16

“Whilst we are both frustrated that we cannot get all stakeholders around the same table to discuss an issue of such national importance, we are equally clear that many of the MSPs and organisations we wish to be involved in the CPG would not participate were ‘big tobacco’ to be involved”.16

Lee continued:

“We have shared with one another that we intend to continue to engage with those companies in separate dialogue recognising the role that they are playing in the provision of such new harm reduction technology in respect to scientific research alongside the widespread commercialisation of such products”.16

Public Relations Firms Engaged to Garner Support

Two Edinburgh-based public relations firms were engaged to gain support for the CPG proposal: Halogen Communications, which worked with PMI to oppose the Scottish Government’s plan to implement plain packaging,1718 and Message Matters, which counts SGF as one of its clients.19

Public records of the Scottish Lobbying Register document that PMI and Halogen Communications met with Lyle on 19 April 2018, to brief the MSP on “the latest developments relating to heated tobacco products, e-cigarettes and smoking harm reduction in Scotland and the UK”, and “to discuss the possible formation of a Cross-Party Group on vaping at the Scottish Parliament”.2021 Lobbying Register records also show that Message Matter’s Andy MacIver, on behalf of the SGF, met with Lyle that same date to discuss the CPG.22 It is unclear whether two separate meetings occurred, or whether PMI, Halogen, and Message Matters attended the same meeting with Lyle.

Lobbying Register records also suggest that Message Matters was responsible for generating CPG support from MSPs and public health organisations.2324

Yet in June 2018, the SGF and Message Matters abandoned the proposal to form a CPG on harm reduction in Scottish parliament, with Message Matters citing a reluctance of public health organisations to take part in the CPG.25

Lobbied Scottish Government Working Group in 2019

In June 2019, two SGF members, Peter Cheema and John Lee, were present at a Scottish ministerial working group on tobacco control.26 According to the minutes, Cheema and Lee lobbied for greater use of e-cigarettes (vaping), and specifically against proposed advertising restrictions for the products. SGF links to industry were declared, precluding the contributors from influencing policy development.26

At the same meeting, according to the minutes, SGF stated that HMRC’s track and trace system did not provide a consistent, effective system for retailers to report suspected illicit trade in tobacco.26 See below for more on SGF’s previous comments on illicit tobacco.

E-cigarette Event at SNP Conference

At the 2019 autumn conference of the Scottish National Party, Japan Tobacco International sponsored a fringe meeting called “Where next for vaping in Scotland?”.27 Dr John Lee was the chair and the speakers were Emma Harper MSP, a member of various cross party health groups, John Mason MSP from the ICS group (see below), Andy Morrison from New Nicotine Alliance, and Doug Mutter from Edinburgh-based vaping company Vaporized (VPZ).28 Mutter, a director of the UK Vaping Industry Association (UKVIA), previously worked for Imperial Tobacco e-cigarette subsidiary Fontem Ventures.29 In 2018, VPZ received a US$15 million loan from Altria. For more information on VPZ see the UKVIA page.

Organised E-cigarette Round Table Event in 2021

In early 2021, SGF organised an online ‘round table’ event in partnership with Holyrood Magazine, a publication covering politics and current affairs in Scotland. The event was titled “Vaping’s role in achieving Scotland’s 2034 Smoke Free target.”30 Public health organisations, including ASH Scotland, were invited. ASH Scotland declined to attend due to SGF’s links with the tobacco industry.30 The event took place on 12 February 2021.31

In early April a feature article appeared in Holyrood Magazine, sponsored by SGF, the title prefaced by the phrase “Changing direction”.32 The article stated that SGF had “brought a number of experts and stakeholders together for a roundtable discussion to debate the concept of tobacco harm reduction, with a focus on the role of vaping.”32  The article named five MSPs as contributors: Richard Lyle from the Scottish National Party (SNP); Donald Cameron, the Scottish Conservative health spokesman; Brian Whittle, the Scottish Conservative party’s public health spokesman; the SNPs Emma Harper, at the time deputy convener of the Health and Sport Committee in the Scottish Parliament; and Richard Simpson, shadow public health minister for Scottish Labour.32

One contributor quoted in the article is Professor Neil McKeganey, a co-director of the Centre for Substance Use Research, which receives funding from PMI, BAT, Imperial Brands, the Foundation for a Smoke-Free World, and JUUL Labs.323334 Other contributors included Louise Ross, the vice-chair of the New Nicotine Alliance, and Mark Oates, listed as director of campaign organisation “We Vape”.32 Oates is a Fellow at the Adam Smith Institute and founder of the Snus Users Association.3536

Opposed restrictions to e-cigarette advertising and promotion

From February to April 2022, the Scottish Government ran a consultation into whether new rules should be introduced to limit the ways e-cigarettes can be advertised and promoted.37 The SGF and the UKVIA both campaigned against any restrictions.38

Ahead of the consultation being announced, in November 2021, the SGF lobbied Maree Todd MSP, Minister for Public Health, Women’s Health and Sport. The Register recorded the lobbying was “to discuss Scottish Government proposals to consult on the promotion and marketing of Nicotine Vapour Products” and the SGF advised “the Minister that there should be no in-store point of sale restrictions placed on Nicotine Vapour Products.”39

SGF’s Head of Public Affairs, Dr John Lee issued a statement that acknowledged “a ban on in-store promotions would be bad for the businesses of our members” but added that the “proposals are unjustified” and that they would also be  “bad news for Scotland’s public health”.40

Commissioned surveys to support lobbying

The SGF had commissioned a survey from Diffley Partnerships, in 2021, which it used to argue that e-cigarettes should be “properly positioned to help Scotland meet its smoke-free target” and that convenience stores should be involved “in the massive effort needed to switch smokers to vaping.”41 The SGF commissioned a further survey from Diffley Partnership, which was published in July 2022, which it again used to urge the involvement of convenience stores to “make Scotland smoke free by 2034.”4243

Diffley Partnership’s other clients include the Scottish Government, Obesity Action Scotland and the Scottish Police Authority.44

Campaigned Against Tobacco Plain Packaging

Image 2: Media Messengers, PMI Corporate Affairs Update, 2012

In May 2016, the United Kingdom (UK) introduced plain packaging legislation. The SGF was one of several trade associations that actively opposed plain packaging legislation proposals in the UK.

PMI Identified SGF as a “Media Messenger”

Leaked 2012 PMI documents reveal that the tobacco company planned a multi-faceted campaign to oppose the government’s proposal to introduce plain packaging.45 As part of its strategy PMI outlined key third-party “messengers”, seemingly independent third parties like retail groups, business associations, think tanks, anti-counterfeiting groups, researchers and international organisations, to push its message in the media (see Image 2). One of the ‘Retail Media Messengers’ listed was the SGF.45

2012 and 2014 UK Consultations: Arguments Mirrored Those of Tobacco Industry

The SGF submitted detailed responses to the 2012 and 2014 UK public consultations on plain packaging.7946 In its submissions, the SGF claimed that its nearly 2,000 retailer members employ approximately 32,000 people across Scotland, with annual sales in excess of £3.2bn.79 It added that “Tobacco constitutes an important part of this economic output accounting for approximately 21 per cent of turnover for the average convenience stores with profits ranging from 5% (economy brands) to 8% (premium brands)”.

One key argument against plain packaging voiced by the SGF in both submissions was that the policy would make it easier to counterfeit tobacco products, which is also an tobacco industry argument against plain packaging. In its 2012 submission to the UK consultation, SGF claimed that illicit trade “which is more prevalent in lower income, price sensitive and disadvantaged areas – will drive smokers out of legal and responsible premises selling regulated products to an illegal, irresponsible and unregulated market”.7 The SGF further claimed that the world-wide illicit trade was growing and within the European Union had increased from 2007 to 2010, a claim not supported by UK data from Her Majesty’s Revenue and Customs (HMRC) which showed a decline in illicit trade of cigarettes between 2003/4 and 2011.47

SGF’s other arguments against plain packaging also closely mirrored those promoted by the tobacco industry:

  • The evidence base supporting change is neither robust nor unequivocal;
  • Packaging is not why young people smoke, the reasons are more deep rooted and more intractable: family background and socio-economic situations are far more significant than brand awareness;
  • Smokers will down trade to cheaper brands, which will lead to a loss of profits;
  • Cross-border shopping will increase among those who wish to continue smoking branded products;
  • Legality of plain packaging is unclear.
  • Transaction times will increase because packaging will have fewer distinguishing features. Note: a simple study conducted by Australian researchers found that similar claims made by the Alliance of Australian Retailers when opposing plain packaging in Australia were likely to be incorrect48;
  • Plain packaging will make cleaning, replenishing and stocktaking more arduous thereby requiring additional resources form retailers to compensate. Note: This argument has been refuted in a research letter published in the BMJ49; and
  • Not enough time has been given to allow other legislative and price-based tobacco control measures to take effect.

Tobacco industry arguments were supported by evidence that was either funded by them, or not actually relevant to plain packaging.50 Click here for counter arguments.

Image 3: BAT UK Consultation submission cites support from SGF that plain packaging is burdensome (Source: Talking Retail, Independent Newsagents fear boost to illicit trade from plain packaging. 16 April 2012)

SGF Cited in BAT’s Submission to Plain Packaging Consultation

In its submission to the 2012 UK Consultation on plain packaging, BAT argued, among other things, that the policy was an example of Burdensome over-regulation.51 The company argued that retailers had already suffered the significant costs of compliance with point of sale display ban regulations and that plain packaging legislation would require retailers to spend even more on training and security to comply with yet another type of regulation. To support its ‘burdensome’ argument BAT cited a quote from the SGF (see Image 3).

SGF Submitted Evidence to Chantler Review

In November 2013, the UK Government announced that it had commissioned pediatrician Sir Cyril Chantler to review the most recent evidence for plain packaging. In its submission to the Chantler Review, the SGF reiterated many of the tobacco industry arguments against plain packaging, including that the policy would breach intellectual property of the tobacco companies, and increase the threat of illicit tobacco trade.52

Like the tobacco companies, the SGF attacked the independent scientific review, commissioned by the Department of Health, which had systematically reviewed 37 studies that provided the evidence base for plain packaging. It also criticised an Australian peer-reviewed study carried out by the Centre for Behavioural Research in Cancer, which showed that after the introduction of plain packaging some smokers had “perceived their tobacco to be of lower quality and less satisfying” and were thinking about quitting.52

Opposed Tobacco Display Ban

In 2010, SGF called the Scottish proposed tobacco display ban as “the most inflexible and burdensome approach in the world”, calling it “ineffective”.53

Ahead of the Scottish parliamentary elections, in 2011, the SGF attempted to mobilise retailers to put pressure on MSPs to drop the display ban.54

Relevant Link

TobaccoTactics Resources

References

  1. Scottish Grocers’ Federation, About SGF, SGF website, undated, accessed March 2021
  2. Scottish Government, The Scottish Ministerial Working Group on Tobacco Control, last updated 14 September 2017, accessed March 2021
  3. Scottish Grocers Federation. Gold Membership Benefits, SGF website. Screenshot taken on 27 May 2014
  4. abScottish Grocers’ Federation, Corporate Members, SGF website, undated, accessed March 2021
  5. Scottish Grocers Federation, Corporate Members, SGF website, undated, accessed July 2022
  6. Scottish Grocers’ Federation, Corporate Members, SGF website, undated, archived 11 July 2018, accessed March 2021
  7. abcdScottish Grocers’ Federation, Standardised packaging of tobacco products. Consultation response from the Scottish Grocers’ Federation, 2012, accessed March 2021
  8. Department of Health, Consultation on standardised packaging of tobacco products: Summary report, July 2013
  9. abcScottish Grocers’ Federation, Consultation on the Introduction of Regulations for Standardised Packaging of Tobacco Products, August 2014, accessed March 2021
  10. Politicians Awards, The Herald, undated, archived 29 January 2020, accessed March 2021
  11. T.Gordon, Politician of the Year puts focus on campaigning, The Herald, 10 September 2019, archived 28 December 2019, accessed March 2021
  12. Scottish Parliament, Cross Party Group on Independent Convenience Stores: Inaugural Meeting Minutes, website, 20 September 2016, archived February 2017, accessed March 2021
  13. abcdScottish Parliament, Independent Convenience Stores, cross party group website, undated, accessed August 2022
  14. J. Lee. Letter to Richard Lyle MSP, subject: Smoking Harm Reduction. 30 April 2018
  15. R. Armour, SNP MSP criticised for taking hospitality from ciggie giant, Third Force News, 21 August 2017, accessed March 2020
  16. abcdeJ. Lee. Letter to Richard Lyle MSP, subject: Smoking Harm Reduction. 30 April 2018
  17. Halogen Communications, Illicit Tobacco Trade Endemic in Scotland, Press Release, 21 November 2013, archived 26 September 2016, accessed March 2021
  18. Halogen Communications, Clients, 2013, archived 11 July 2016, accessed March 2021
  19. Message Matters, Clients: Who they are, Message Matters website, undated, archived 23 July 2018, accessed March 2021
  20. Scottish Parliament Lobbying Register, Entry Philip Morris Limited 19/04/2018, accessed March 2021
  21. Scottish Parliament Lobbying Register, Entry Halogen Communications 19/04/2018, accessed March 2021
  22. Scottish Parliament Lobbying Register, Entry Message Matters 19/04/2018, accessed March 2021
  23. Scottish Parliament Lobbying Register, Entry Message Matters 10/05/2018, accessed March 2021
  24. Scottish Parliament Lobbying Register, Entry Message Matters 08/05/2018, accessed March 2021
  25. Message Matters, Fwd: Update on tobacco harm reduction CPD. Email to redacted recipient, dated 28 Jun 2018 00:51
  26. abcScottish Ministerial working group, Tobacco control meeting minutes, accessed March 2021
  27. Dodds Events (@DodsEvents) “At #SNP Conference…Join us in Meeting Room 3 to discuss Where Next for Vaping in Scotland”?, 15 October 2019 12:35
  28. The Media Mole, 14 October 2019, The New Statesmen, accessed March 2021
  29. Douglas Mutter, LinkedIn, accessed March 2021
  30. abHolyrood Communications, Email to ASH Scotland 20 January 2021 14:34, Subject: FAO Sheila Duffy: Your personal invitation to join the Scottish Grocer’s Federation Roundtable- 12th February 2021
  31. Scottish Parliament Lobbying Register, SGF: 12 February 2021, 15 March 2021, accessed July 2022
  32. abcdeJ. Thomson, Associate feature: Changing direction: vaping’s role in achieving Scotland’s 2034 smoke-free target, Holyrood Magazine, 6 April 2021, accessed April 2021
  33. Centre for Substance Use Research: Research and Consultancy, Funding, website, accessed March 2021
  34. Centre for Substance Use Research: Research and Consultancy, Our Research, website, accessed April 2021
  35. Adam Smith Institute, Fellows and Senior Fellows, website, undated, accessed September 2021
  36. M. Oates, Can Vaping Reduce Inequality?, Adam Smith Institute website, 11 August 2020, accessed April 2021
  37. Scottish Government, Consultation on tightening rules on advertising and promoting vaping products, archived 29 July 2022, undated, accessed July 2022
  38. UK Vaping Industry Association, Scottish Government’s plans to ban vaping promotion risk smokers’ health, says UKVIA, archived 27 July 2022, February 2022, accessed July 2022
  39. Scottish Parliament Lobbying Register, SGF: 11 November 2021, 20 December 2021, accessed July 2022
  40. Vape promotion ban proposals slammed by SGF, Convenience Store, 22 February 2022, accessed July 2022
  41. Lack of support for restrictions on e-cigarettes, survey finds, STV News, 22 March 2021, accessed August 2022
  42. Scottish consumers show support for vape category, Convenience Store, 25 July 2022, accessed August 2022
  43. C-stores back vaping as a tool: SGF calls on ScotGov for support, Scottish Grocer and Convenience Retailer, 1 August 2022, accessed August 2022
  44. Diffley Partnerships, News, archived 1 August 2022, undated, accessed August 2022
  45. abPhilip Morris International, UK Corporate Affairs Update, February 2012. Powerpoint leaked to Action on Smoking and Health, 2013
  46. Department of Health Tobacco Programme, Consultation on standardised packaging of tobacco products: Summary report, July 2013, accessed March 2021
  47. HMRC, Measuring tax gaps tables, 2012.
  48. M. Bayly, M. Scollo, M. Wakefield, No lasting effects of plain packaging retrieval time in small Australian retails outlets, Tobacco Control, 2015; 24:e108-e109
  49. O. Carter, M. Welch, B. Mills, et al, Plain packaging for cigarettes improves retail transaction times, BMJ, 2013; 346:f1063
  50. K.A. Evans-Reeves, J.L. Hatchard, A.B. Gilmore, ‘It will harm business and increase illicit trade’: an evaluation of the relevance, quality and transparency of evidence submitted by transnational tobacco companies to the UK consultation on standardised packaging 2012, Tobacco Control, 2015; 24:e168-e177
  51. British American Tobacco, UK standardised packaging consultation: Response of British American Tobacco UK Limited, 8 August 2012
  52. abJ. Lee, The Independent Review on Standardised Packaging of Tobacco Products, Scottish Grocers’ Federation, January 2014, accessed March 2021
  53. Scottish Grocers’ Federation, Consultation on Tobacco Display and Sale regulations. Scottish Grocers’ Federation (SGF) Submission, 20 July 2010, accessed March 2021
  54. R. Manning, SGF seeks retailer views ahead of election, 12 January 2011, conveniencestore.co.uk, accessed March 2021
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