The Case Study on Flavoured Cigarettes in Sri Lanka

From TobaccoUnmasked

Background

National Authority on Tobacco and Alcohol (NATA) Act No 27 of 2006 is the main legal framework for tobacco and alcohol control in Sri Lanka. Its amendment on Prohibited Tobacco Products Regulations, No. 1 of 2016 prohibits the “manufacture, import, sell or offer for sale” of “any flavoured, coloured or sweetened cigarette that contains tobacco”. [1]

Flavored cigarettes in the local market

Ceylon Tobacco Company PLC (CTC) holds the monopoly of cigarette manufacturing and trade in Sri Lanka. CTC is a subsidiary of British American Tobacco (BAT). The list below presents the flavoured cigarettes launched by Ceylon Tobacco Company PLC (CTC) throughout its market history in Sri Lanka as a Public Listed Company.

Table 1: Summary of flavoured cigarettes launched by CTC

Brand Name Year Remarks
Matterhorn Menthol 1988 This was re-launched in 1990 with new packaging[2][3]
John Player Gold Leaf (JPGL) Menthol 1998 A line extension of JPGL which targeted the male adult smoker under 30 years of age “as a starter”. [4]
Dunhill Switch 2011 [5]
Dunhill Ice 2014 A limited edition of cigarette with two levels of menthol “with the intent to revitalise the market and consumer interest” (Image 1). [6]
John Player Gold Leaf Click 2014 Mentioned in CTC annual report 2014, as the introduction of ‘capsule technology’. [6]
Red berry flavoured cigarette 2018 Media reported the launching of this product with an intent “to attract new segments – possibly females”. [7] CTC reported that “the initial response for which was extremely encouraging”. [8] Please visit our page Ceylon Tobacco Launching a Cigarette Targeting Women for more details.
John Player Gold Leaf Capsule variation 2018 A limited edition capsule variation launched and “the initial response for which was extremely encouraging”. [8]
John Player Gold Leaf Cool 2019 A limited edition of capsule cigarette [9]
Dunhill Double Capsule Yellow 2020 The product is featured in the CTC Annual report 2020 under ‘our product’ without further details [10]
Dunhill Double Capsule Green 2020 The product is featured in the CTC Annual report 2020 under ‘our product’ without further details [10]
John Player Gold Pro Cool Not available The details of this product are not available in the public domain. This is among the type of cigarettes banned by the Court of Appeal with effect from 17th November 2023 following court proceedings.
Image 1: Excerpt from the CTC Annual report 2014 highlighting the aspect of flavour. [6]

CTC advertising the flavoured cigarettes violating the NATA Act

TobaccUnmasked team found a YouTube video titled ‘Dunhill Digital Video’ published on 6 September 2021 by X10 Productions Private Limited (a video production company). The video promotes the flavoured cigarettes featuring the “Gentleman this is the taste” at the end of the video (Image 2).[11] The same video was published on 14 May 2017 by Hiroshan Waduge with a title of “When your treating Gentleman at his BEST Lifestyle TVC”.[12] In addition to violating the laws related to flavoured cigarettes, this violates the section 35 of the National Authority on Tobacco and Alcohol (NATA) Act, No. 27 of 2006 as well, which prohibits promotion of tobacco products.

Image 2: Excerpt from the video published by X10 Productions promoting Dunhill cigarettes.[11]

NATA taking action against flavoured cigarettes

The National Authority on Tobacco and Alcohol (NATA) is the government institution to coordinate the activities related to the National Authority on Tobacco and Alcohol (NATA) Act, No. 27 of 2006. NATA took legal action against CTC on trading flavoured cigarettes in Matara, Colombo and Anuradhapura districts. The details of these court proceedings are not available in the public domain.[13][14] Media reported that the sale of Dunhill Switch, Dunhill Double Capsule and John Player Gold Pro Cool cigarettes has been banned by the Court of Appeal with effect from 17th November 2023 following the court proceedings. [15][16][17][13]

Delay in making the court order public

On 21 November 2023, the Opposition Leader Sajith Premadasa raised questions in the parliament regarding the absence of the publication of court order issued by the Court of Appeal. As reported by media, he referred the matter to the Minister of Justice urging him to look into the unusual delay in making the decision public emphasising the importance of transparency in legal matters involved with entities such as tobacco companies. [18][13]

Ceylon Tobacco’s response

CTC issued a notice to retailers regarding the ban on aforesaid types of cigarettes (Image 3). [19][13]

Image 3: CTC informing the retailers regarding the court decision over flavoured cigarettes.[19]

Media further reported that CTC has requested the Attorney General in writing to prevent the implementation of the decision given by the Court of Appeal against the flavoured cigarettes. Furthermore, in their letter, Sudath Perera Associates, the law firm representing the CTC, has requested the Attorney General to order NATA to withhold the raids in search of sellers of those products, until CTC re-appeal at the Supreme Court to challenge this decision. [20][14][21] Media reported that CTC was in the process of filing an appeal to the Supreme Court for interim relief on sale of flavoured cigarettes.[22] On 24th November 2023, CTC issued a confidential notice to retailers informing them that they are allowed to sell Dunhill Switch, Dunhill Double Capsule, Dunhill Switch Limited Edition and John Player Gold Pro Cool cigarettes and CTC agents will distribute those. It further mentioned to inform CTC if there is any obstruction regarding their sales such as “illegal” threats or raids related to CTC products (Image 4). [23]

Image 4: The confidential letter issued by CTC to retailers informing continuous sale of flavoured cigarettes.[23]

Availability of banned cigarettes in the local market

TobaccUnmasked team purchased a pack of Dunhill Switch at the Cargills Food City (Image 5) and two loose sticks of Dunhill cigarettes from a mobile food selling lorry in Colombo 10 on 8th February 2024. [24]

Image 5: Bill of Dunhill Switch cigarettes pack purchased by TobaccoUnmasked team. [24]

Further investigations of TobccoUnmasked team found that Dunhill Switch and Dunhill Double Capsule are available for online purchases via Keells website (Image 6) on 5th May 2024. [25] Cargills Food City and keells are the leading supermarket chains in Sri Lanka.

Image 6: Excerpt from the Keells website featuring the Dunhill Switch and Double Capsule cigarettes for online sale in February 2024.[25]

Tobacco Unmasked Resources

The local language translations

TobaccoUnmasked_Sinhala
TobaccoUnmasked_Tamil



Notes

  1. ↑ The Gazette of the Democratic Socialist Republic of Sri Lanka. PART I: SECTION (I) — GENERAL Government Notifications, 1 September 2016, accessed January 2024
  2. ↑ Truth Tobacco Industry Documents. Executive Summary Product Development Audit of Ceylon Tobacco Company Limited Sri Lanka, 6 July 1988, accessed February 2024
  3. ↑ Truth Tobacco Industry Documents. Visit of DS Jones to Sri Lanka - 21st - 26th May 1990, 12 June 1990, accessed February 2024
  4. ↑ Truth Tobacco Industry Documents. John Player Gold Leaf: Brand Plan 1998, 1998, accessed February 2024
  5. ↑ Ceylon Tobacco Company. Annual Report 2011, 2012, accessed January 2024
  6. ↑ 6.0 6.1 6.2 Ceylon Tobacco Company. Annual Report 2014, 2015, accessed January 2024
  7. ↑ D E Chandrasekera. CTC launches ‘fruit flavoured’ cigarette, The Sunday Times, 1 July 2018, accessed January 2024
  8. ↑ 8.0 8.1 Ceylon Tobacco Company. Annual Report 2018, 2019, accessed January 2024
  9. ↑ Ceylon Tobacco Company. Annual Report 2019, 2020, accessed May 2024
  10. ↑ 10.0 10.1 Ceylon Tobacco Company. Annual Report 2020, 2021, accessed January 2024
  11. ↑ 11.0 11.1 YouTube. Dunhill Digital Video, 6 September 2021, accessed February 2024
  12. ↑ YouTube. When your treating Gentleman at his BEST Lifestyle TVC, 14 May 2017, accessed May 202
  13. ↑ 13.0 13.1 13.2 13.3 Daily Mirror Online. Sale of three flavoured cigarette products stopped with immediate effect, 22 November 2023, accessed January 2024
  14. ↑ 14.0 14.1 Lankasara. තමන්ට එරෙහි නඩු තීන්දුවක් ක්‍රියාත්මක නොකරන්නැයි දුම්කොළ සමාගම නීතිපතිවරයාගෙන් ලිඛිතව ඉල්ලලා, 23 November 2023, accessed January 2024
  15. ↑ Tobacco Journal International. Sale of flavoured cigarette products stopped, 23 November 2023, accessed January 2024
  16. ↑ C P Samarawickrama. Sale of three flavored cigarette products stopped with immediate effect, Daily Mirror Online, 22 November 2023, accessed January 2023
  17. ↑ S Nimeshika. Sale of 3 Types of Cigarette Products Will Be Banned, Undated, accessed January 2024
  18. ↑ Lankasara. Opposition Leader Raises Concerns over Non-Publication of Court Decision on Flavored Cigarette Ban, 21 November 2023, accessed February 2024
  19. ↑ 19.0 19.1 Ceylon Tobacco Company. CTC informing retailers to stop the sale of flavoured cigarette with the immediate effect, undated, accessed January 2024
  20. ↑ Newsi. තමන්ට එරෙහි නඩු තීන්දුවක් ක්‍රියාත්මක නොකරන්නැයි දුම්කොළ සමාගම නීතිපතිගෙන් ලිඛිතව ඉල්ලලා, 23 November 2023, accessed January 2024
  21. ↑ Court of Appeal. CA (Writ) Application No. 21/2023, 22 November 2023, accessed January 2024
  22. ↑ Daily FT. CTC to file appeal to SC for interim relief on sale of capsulated products, 22 November 2023, accessed January 2024
  23. ↑ 23.0 23.1 Ceylon Tobacco Company. The confidential letter issued by CTC to retailers informing continuous sale of flavoured cigarettes, 24 November 2023, accessed May 2024
  24. ↑ 24.0 24.1 TobaccoUnmasked Archive. Bill of Dunhill Switch cigarettes pack purchased by TobaccoUnmasked team, 8 February 2024, accessed February 2024
  25. ↑ 25.0 25.1 Keells Super. Excerpt from the Keells website featuring the Dunhill Switch and Double Capsule cigarettes for online sale, 13 February 2024, accessed February 2024
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