August 8, 2008

Japan Tobacco International’s

NEW DELHI: Japan Tobacco International’s recent move to raise stake in its Indian subsidiary , JTI India, has lit up an old debate related to foreign direct investment in the tobacco or cigarette manufacturing business.

Should fresh FDI be permitted in companies that produce cigarettes? The current policy allows 100% FDI in the area, but subsequent governments have discouraged any new proposal on the ground that the policy cannot be implemented — it has been made void by a commitment made by former Union industries minister late Murasoli Maran in Parliament .

He had assured the House that FDI in tobacco products would not be permitted through issue of fresh licences as it concerned the health of the country’s citizens.

JTI, which owns powerful brands like Camel, Mild Seven, Gold Coast and Salem and launched the Winston brand of cigarettes last year, has proposed to increase its shareholding in its Indian JV from 50% to 74%. The company has said it is bringing in fresh money to restructure the JV with the Thakkar family. The JV company is currently in the red with accumulated losses of Rs 127.74 crore last fiscal.

Critics however, see this as a ploy by the foreign company to expand its business in India. A certain section of the society is of the opinion that if the foreign company is allowed to establish itself in the country, it will eventually promote smoking and also spread the ills that come with it, especially among the youth.

Smoking is injurious to the nation’s health, they argue. So far, so good. The problem however , takes a twist when a big Indian cigarettemaker also jumps into the fray, petitioning the government that the policy prohibits fresh FDI. And when influential members of Parliament also write to respective ministries, it is clear that bigger stakes are involved.

 

The policy allowing 100% FDI in cigarette manufacturing was announced in August 1998 when the late Sikander Bakht was the industries minister. Bakht’s argument was that since the policy was not on the automatic route, FDI would be permitted by the FIPB on a case-to-case basis.

Also, by way of another policy announced through Press Note 11 of 1998, it was stipulated that any new FDI case would require compulsory licensing under the Industrial (Development and Regulation ) Act of 1951. This implied that expansion of cigarette manufacturing capacities could easily be detected by the government and dealt with as per the merit of the proposal.

 

The policy to allow 100% FDI was hotly debated across the country as it was felt that it would open the doors to big foreign players to tap a potentially large market. It was soon put under test by a proposal of UK’s Rothmans of Pall Mall, which intended to set up a 100% Indian subsidiary. Around the same time, a plan by British American Tobacco to increase its stake in VST was also being fiercely debated.

When Maran became the industries minister, he chose not to clear any tobacco proposal and told the House that no fresh licenses would be issued. Clearly, if Rothmans had to come in, they required a fresh licence. The government kept the Rothmans’ case in abeyance untiland much to its comfort—it got merged with BAT worldwide and eventually withdrew the case the subsequent year. Since then, the government hasn’t received any FDI proposal, and so the fire remained doused.

With the policy in a limbo, local cigarette manufacturers got a fresh lease of life. While it meant the management of big companies like ITC could stave off any attempts by BAT to increase its hold on the company—BAT has a 33% stake in the Kolkata-based company—it also put a premium on licences.

But what if an existing license-holder wants to restructure his company by buying out a partner’s shares? In JTI’s case, for instance , the foreign company is only buying out shares of the Indian partner, which means that the existing JV will not see any fund infusion—the money goes to the Indian partner. The company has also made it clear that it has no plans to increase capacity.

It is learnt that the finance ministry is of the view that the proposal should be allowed because there is no fear of a capacity expansion in the current scheme. There’s no change in the promoters—only the Indian promoter’s stake gets diluted to 26%. The total equity capital of the company would remain the same. The health ministry is known to have serious issues with tobacco per se, and so it is likely to oppose the deal as well. The department of industrial policy and promotion supported the deal in the last meeting of the FIPB.

The fear however is that once the proposal is cleared, it may once again prompt foreign cigarette makers to try and up their ante in the Indian market by acquiring or attempting to acquire more shares in Indian companies. This could lead to increasing sales of locally-manufactured cigarettes and also of contraband cigarettes, especially of those brands which gain popularity in India.

But at the same time, the government while considering JTI’s proposal, should keep in mind that policy decisions should not be tweaked in the interest of any particular company or group of companies. It has to take a final call on whether the policy of 100% is valid or not.

If it is, it should then take a call on whether the current proposal would lead to propagation of smoking or is it only to better the health of a company the government once allowed to invest in India. If we are committed to the health of our citizens , a blanket ban on cigarette manufacturing is an ideal scenario.

Least we can do is to implement policies like ban on smoking in public places in their true spirit. If we can’t take the call owing to reasons that include the huge revenues cigarette manufacturing generates, we’d do well to be judicious.

July 18, 2008

Fire Safe Cigarettes

BILLINGS - During the past few weeks, cigarettes have started two separate fires in Billings, but officials say that shouldn’t been happening.

Montana Legislators passed a law requiring all cigarettes sold in Montana to be fire safe. That means any cigarettes sold in the state shouldn’t smolder or start a fire after being used.

Billings Police Sergeant Kevin Iffland says enforcement of the new law lies with the state. "That’s where the enforcement comes in, it’s through the Department of Revenue and their agents. They have to make sure the businesses that have the license to sell cigarettes are selling the proper brands and fire safe labels," said Iffland.

The new law went into effect on May 1, 2008.

June 20, 2008

Estonian retailers are no longer allowed to sell cigarettes with old tax stamps

As after the end of September 2008 the Estonian retailers will no longer be able to sell cigarettes with old tax stamps on which lower excise taxes have been paid, writes Postimees Online/LETA.

Tobacco retailers estimate that the only way to earn money on stocks that will remain after that deadline will be to destroy them as then the State will return the excise tax paid on them.

Different State authorities have come up with different estimations on how large are the stocks held in cigarettes in Estonia at the moment. The Ministry of Finance estimates that the stocks should be enough until the end of summer while the director of Institute of Economic Research Marje Josing stated that nine months’ reserves have been imported to Estonia.

April 29, 2008

Proposed Cigarette Law to Promote Fire Safety

More people are killed in fires started by unattended cigarettes in the United States than any other kind of fire. Those numbers, however, may drop thanks to a new kind of cigarette.

They are called "fire-safe" cigarettes. Legislators are expected to pass a law that would prohibit the sale of any other kind of cigarette in Hawaii.

The latest numbers from the National Fire Protection Association show cigarettes started more than 82,400 fires in the U.S. in 2005. Those fires killed 800 people and injured more than 1,660 people.

The most common fuel for those fires … mattresses. People fall asleep in bed while smoking and some mattresses burn very quickly.

So a new generation of cigarettes has been developed.

They are called "fire-safe" cigarettes, or LIPs which stands for low ignition propensity.

"It’s a cigarette that when you don’t smoke it, you’re talking … you set it down, it’ll go out. It won’t keep burning like traditional cigarettes do," said Christopher Maxwell, who owns a store called Tobaccos of Hawaii on Atkinson Street.

LIP cigarettes are made with bands of thicker paper. Those bands act like speed bumps to slow the burn making them less likely to start fires.

If legislators pass the proposed "fire-safe" cigarette bill as expected, LIP cigarettes will be the only kind of cigarette you will be able to buy in Hawaii beginning Oct. 1, 2009.

Maxwell already sells lots of the "fire-safe" smokes.

"No one’s given me any negative feedback. There’s obviously no flavor difference. Most people don’t even know it’s going on. Virtually the entire cigarette industry is going to LIP cigarettes," Maxwell told KGMB9.

A spokesman for the Honolulu Fire Department said LIP cigarettes are a step in the right direction, but smokers still need to adhere to safety rules. Never smoke in bed. Smoke outside instead of indoors. And keep matches and lighters out of sight and reach of children.

April 22, 2008

‘Powerwall’ pain for smoke sellers?

In just over six weeks, cigarettes will become invisible in stores across Ontario and Quebec, but city vendors say the new law will only cost them money. On May 31, the final phase of the 2006 Smoke-Free Ontario Act will be to force vendors to dismantle so-called “powerwalls” — the prominent cigarettes displays generally positioned behind retail checkouts — but a representative for retailers predicted yesterday that it would be costly and difficult for stores to comply.
Though retailers have had two years’ notice, Chris Wilcox, chair of the Ontario Convenience Store Association, said details of the law were not distributed until last month, leaving stores scrambling. “It’s going to be a rush. Even for us,” said Wilcox, who is also general manager of 46 Quickie Convenience Stores in Ottawa. “You’re going to see a few places using curtains and bed sheets.”
Wilcox said larger chains such as Quickie will have the resources to make changes on time, but that it will be difficult for smaller businesses.
Walid Norat, the owner of O’Connor Smoke Shop, is concerned about the loss of revenue, but said his store will not lose as much business as others, because he tends to get specific clientele who know his wares, even if they’re not displayed.
“People who come in here tend to know what they’re looking for,” he said. Roland Comerford, who was celebrating his 60th year of operating Comerford’s Cigar Shop on Bank Street yesterday, will be forced to cover his pipe and cigar displays with frosted glass. “We’re going to have a catalogue for people to browse, but they have to ask for it and we have to put it back under the counter when they’re done,” he said.
Comerford expects to see a drop in sales, because of the “out of sight, out of mind” effect. Comerford’s store generates more than 50 per cent of revenue from cigarettes and tobacco.
Wilcox doubts that concealing cigarettes in stores will help reduce youth smoking rates, noting powerwall bans in Saskatchewan and Manitoba have not had any effect. According to Health Canada, in 2004, 22 per cent of people over 15 years old smoked. Last year that was around 25 per cent.

March 31, 2008

Altria splits US, Int’l cigarette units

For the first time since Philip Morris, Esq., opened a tobacco shop on Bond Street in London in 1847, the company’s U.S. and international businesses will be separate.
The Altria Group Inc. holding company split its two cigarettes units on Friday, sealing the deal by giving its shareholders stock in the newly independent Philip Morris International. Altria now consists of Philip Morris USA, cigar maker John Middleton Inc., a money-management arm and a 28.6 percent stake in Britain-based beer maker SABMiller PLC. It will move its headquarters to Richmond, Va., from Midtown Manhattan.
Both Philip Morris companies produce Marlboros. PMUSA also makes Virginia Slims, Parliament and Basic cigarettes while PMI makes the L&M, Bond Street and other brands.
The split is not only the final step to a restructuring that began in 2004, it essentially rolls back a strategy to turn the Philip Morris Cos., as it used to be called, into a general consumer products company. It widened its product offerings beyond cigarettes and beer in 1985 with the $5.6 billion acquisition of General Foods.
By 2003, it had adopted the Altria name. But in November 2004, it announced its plan to spin-off of Altria’s remaining majority stake in Kraft Foods Inc. and separate the two tobacco units, reversing the idea of keeping the disparate holdings under one corporate umbrella.
The breakup frees Philip Morris International from legal and public relations concerns here in the U.S. In preparation, PMI has created a slew of new Marlboro-branded products for fast-growing markets around the world. Some of the cigarettes are designed to cater to local tastes: the clove-based Marlboro Mix 9 in Indonesia; thicker Marlboro Wides in Western Europe, Japan and Mexico; and Marlboro Fresh Mint and Crisp Mint in Hong Kong.
Shareholders got one share of Philip Morris International stock for every one share of Altria they own. Altria will keep its MO ticker and Philip Morris International will adopt the PM ticker. The board has announced dividends that are equivalent to Altria’s before the split, and said it would buy back $7.5 billion in shares over two years.
The larger PMI, which operates in more than 160 countries, earned revenue of $55.1 billion in 2007, compared PMUSA’s $18.49 billion.
Louis Camilleri, who was chief executive of Altria, is the new CEO of the international business. PMI has an office in New York but most of its staff works out of a Lausanne, Switzerland, office. While PMI escapes the shadow of pending and yet-to-be-filed lawsuits in the U.S., critics of the industry are wary of the damage its marketing power could have on consumers in poorer nations.
The U.N.’s World Health Organization issued a report in February that said the "tobacco epidemic" could claim 1 billion lives by the end of the century unless governments dramatically step up efforts to curb smoking. The agency reported that governments around the world collect more than $200 billion in tobacco taxes every year but spend less than one-fifth of 1 percent of that revenue on tobacco control.
"Faced with an epidemic that kills 5.4 million people each year, the world will not tolerate increased profits for a few, at the expense of the health and lives of so many," Kathy Mulvey, international policy director for Corporate Accountability International, said in a statement Friday.
Shares of Altria, trading on a when-issued basis without the value of PMI, fell 70 cents to $22.22 on Friday. Shares of PMI, on a when-issued basis, rose 38 cents to $51.06. Both will begin regular-hours trading Monday on the New York Stock Exchange. PMI shares will also trade on the NYSE Euronext Paris and SWX Swiss exchanges. Both will be on the Standard & Poor’s 100 and 500 Indices, Altria said in a statement Friday.