NEW YORK DAILY NEWS
Tuesday, February 17, 2015, 4:33 PM
This is how to light up Big Tobacco.
Comedian John Oliver dialed up the flame on several major corporations on his most recent episode of “Last Week Tonight,” spotlighting their use of litigation to prevent countries from regulating their product packaging and other marketing tools.
“If you live in an apartment with at least two other people and you ask one of them to please smoke outside, you can look forward to a letter from a tobacco company, very soon,” Oliver said on his HBO program, before he surveyed the battles cigarette companies have aggressively waged to protect their worldwide merchandising and branding.
Colter Hettich/New York Daily News Photo Illustration
Much of the recent blowback came in response to Australia’s 2011 passage of a “plain packaging” requirement, which prohibited tobacco companies from printing logos and other trademarks on their packaging.
The company’s name must be printed on cigarette packages in nondescript fashion, along with messages warning people in no uncertain terms that “smoking kills,” “smoking causes blindness” and “smoking causes lung cancer” and a graphic illustration of those conditions.
Companies challenged the law, but the Australia’s high court tossed the case, calling their claims that their trademark rights were being restricted were “delusive,” “synthetic” and “unreal,” and dismissing their arguments’ “fatal” defects in logic.
Rather than abide by the decision, Oliver said, the tobacco companies have aggressively fought smaller countries around the world, hoping to prevent the Australian standard from becoming the international standard.
What kind of irresponsible cigarette vendor outside a school would let a child walk away with a lighter? They’re dangerous!
The actions of Philip Morris International and British American Tobacco include:
* Financing a claim made by Honduras through the World Trade Organization that the law violates trade agreement.
* Suing Uruguay for $ 25 million for requiring health warnings on its packaging. Former New York City Mayor Michael Bloomberg has paid $ 500,000 to the country to help it battle Philip Morris.
* British American Tobacco sent a letter to Namibia and, through a subsidiary, to the Solomon Islands warning of litigation if they tried to implement a plain packaging law.
* Philip Morris International sent a similar letter to Togo, citing its failed lawsuit in Australia, warning that plain packaging would result in incalculable international trade litigation.
Colter Hettich/New York Daily News Photo Illustration
“This letter is bulls–t — and yet Togo, justifiably terrified by threats of billion-dollar settlements, backed down from a public health law that many people wanted,” Oliver said.
The companies contend that the issue is not smoking — but about their right to preserve their trademarks.
“We are happy to support countries willing to challenge these measures in any way we can, and why wouldn’t we?” British American Tobacco spokesman Will Hill told the Daily News. “It’s an area where we have common interest, and many governments see the same risks with plain packaging that we do.”
Hill had not seen Oliver’s show, he said, because it was not available in England.
Philip Morris International released a statement on the segment, calling the show a “parody” known for “getting a laugh through exaggeration and presenting partial views in the name of humor.”
Philip Morris International said its product is an “adult choice” and acknowledged it is “harmful to health,” but said the company abides by restrictions around the world and has tried to create less-harmful alternatives.
Colter Hettich/New York Daily News Photo Illustration
Regarding plain packaging, the company said it wants the protections afforded to other industries by laws protecting trademarks.
Oliver ripped cigarette companies for their continued marketing campaigns — especially in countries that don’t have restrictions like the United States, which forbids television commercials or marketing to children.
The political comedian cited Indonesia, where Marlboro Lights sponsored a kiosk next to a school and sold single cigaretts to students who fired ’em up with a lighter attached to a wall.
“Of course the lighter is on a string,” he said. “What kind of irresponsible cigarette vendor outside a school would let a child walk away with a lighter? They’re dangerous!”
Oliver was also critical of Philip Morris International’s “Marboro Now” campaign, which represents smoking as a positive lifestyle choice and smokers as courageous folks who are “taking the lead” on life by eliminating the word “maybe” from their vocabulary.
“To live the Marlboro values,” the ad goes on. “To be forever true, bold and forever forward.”
Oliver’s characterization was slightly less laudable.
“That is a pile of horses–t,” he said. “These are cigarettes we are talking about. Not Jesus.”
Oliver concluded with a full-throated counterpunch, introducing “Jeff the diseased lung” as a new mascot for tobacco companies.
The show’s producers posted the character’s likeness on a billboard in Uraguay, and sent t-shirts to Togo.
The dude, dressed like the Marlboro MAn in cowboy hat and red boots, has his own hashtag, #JEFFWECAN, which trended on Twitter Monday.
“Everyone loves Jeff the diseased lung in a cowboy hat,” Oliver declared before dancing with a full size “Jeff” mascot with a group of children in “Jeff” shirts to close the show.
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jlandau@nydailynews.com
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