„Out-Of-Date Tobacco Has Been Imported in Georgia“

Ekaterine Chachua

Quality of produced or imported tobacco to Georgia has not been controlled for three years already. The consumers do not know how healthy, safe and from which quality cigarettes are sold in Georgia and who cares about their health. The Georgian market is not protected from harmful falsified products. The rights of consumers are not protected at all.

Short time ago, an unprecedented fact happened in Georgia. Giuli Chkhaidze appealed against the Georgian Company “OGT”, which produces L&M in Georgia. The ground of the appeal was concerning the warning on the cigarette box. Chkhaidze was not informed that smoking caused heart disease and tobacco-addiction. Chkhaidze requests 500 000 GEL from the company for having breached consumer’s rights.

Giuli Chkhaidze has been smoking L&M for 10 years already. Based on medical examination he has atherosclerosis and arterial insufficiency on the right leg. After the operation Giuli Chkhaidze was recommended by doctors to quit smoking but it turned out impossible despite many attempts. Giuli Chkhaidze said he could find only the following warning on the box of L&M: Smoking Causes Complications during Pregnancy. If he had additional information about other diseases that can be caused by smoking, he would have avoided smoking. His attorney Zaza Khatiashvili said similar warning misleads the smoker.

Zaza Khatiashvili: “Company OGT was obliged to provide the consumer with complete information about the negative impact of smoking on a person. While submitting the appeal, we checked several boxes of L&M and all of them had only one warning – smoking causes pathologies during pregnancy. 0,7 % of Georgian population is pregnant. It is incredible to comply with the interests of a minority and not inform the majority about the threat. Furthermore, many adults smoke cigarettes in Georgia. In accordance to the Article III Paragraph II of the Law of Georgia on Consumers’ Rights producer shall provide full information about the threat. In regard with L&M, the imperative requirement of the law was breached. Public interest is ground of our appeal. The consumers shall learn about their rights from our appeal and be always ready to protect them,” said Khatiashvili.

The warning published on the website of the Philip Morris warns consumers: “Smoking is addictive and it can be very difficult to quit; smoking causes heart diseases; Smokers are far more likely than non-smokers to develop diseases such as lung cancer.“

Giuli Chkhaidze requests the court to carry out forensic expertise to estimate the amount of dangerous substances in L&M.  On October 26, at the court hearing judge Topchishvili dismissed the petition of the applicant. Zaza Khatiashvili said if we consider the warning on the official website of Philip Morris, Giuli Chkhaidze’s diseases are directly connected with L&M smoking. When the company publicly admits that smoking causes serious problems for health and the producing company neglects similar warning, it is violation of the law. “Since the company does not breach the law, we doubt the amount of various unhealthy substances in the L&M is high that contradicts the standard. Giuli Chkhaidze is a disabled person. He cannot carry out expertise. So, the court is entitled to cover the expanses of the expertise. Particularly when the expertise result can impact the judgment,” said Khatiashvili.

Representatives of OGT do not share this opinion. They say their activities comply with the Georgian law. Attorney of the OGT Davit Asatiani clarified that in accordance to the law of Georgia on Tobacco Control, companies are entitled to select three of nine medical warning messages worked out by the Healthcare Ministry. The producing companies can use those three warnings once in six months. The Company “OGT” implements these requirements permanently. As for the information about extra substances in the tobacco, it is secret of the company and it cannot be published because of company interests.

The Human Rights Center applied to the head of Tobacco Control Alliance Giorgi Bakhturidze to comment on the fact.

Giorgi Bakhturidze: The Healthcare Ministry allows the tobacco producing companies to choose three of nine warnings and use them during six months. Warnings shall be printed on the cigarette boxes. However, these are envisaged in the subparagraphs of the law. Law on Customer’s Rights requires the producer to inform the consumers about the damage of smoking. Interests of every group of consumers shall be protected. It is necessary because consumers will not argue you about lack of information. The information about the extra substances added to cigarette for aromas shall also be provided. Thus, consumer will be able to select the desirable product. Every company justifies itself by claiming that similar information is secret of the company. The company shall initially provide the Healthcare Ministry about the information. The latter informs the consumers. In Georgia these conditions are also breached. The Healthcare Ministry has not received any information about unhealthy substances in cigarettes for three years. Representatives of the Tobacco Control Alliance requested companies to provide us with the information but each time they refused to send us information. The state shall receive such information. In accordance to the Article VI, Paragraph II of the Law of Georgia on Tobacco Control a company is entitled to inform the Healthcare Ministry about the quality of tobacco used in cigarette producing.

The representatives of the Ministry of Labor, Healthcare and Social Welfare of Georgia reported to the Human Rights Center that control of tobacco was being worked on, and that new regulations will be put in force after January 1, 2010.

There is a doubt that very cheap low-quality cigarette is imported in Georgia from abroad. Besides that, Giorgi Bakhturidze said: “At the expense of the health of our citizens tobacco producing companies make huge profit. Out-dated tobacco has been imported in Georgia which is burnt in other countries as a rule. In Turkey similar tobacco can be bought for 2-3 cents because government has to pay much to destroy out-dated tobaccos. In Georgia the tobacco is worked up again. About three years ago journalistic and legal investigation was carried out and we discovered in the documents that one box of imported cigarette was bought for 2 cents. We doubt it still happens like that. When there is no control on products, it is hard to believe something changed in this field. Thus, it is important for us to request Company OGT to make the information on substances going into the cigarettes public,” said Giorgi Bakhturidze.

Next trial on Giuli Chkhaidze’s appeal is scheduled for November 19.