A group of around fifteen hundred doctors, supported by The Smoke-Free Generation (the Heart Foundation, KWF Cancer Control and the Lung Fund), filed a complaint with the Advertising Code Committee on Friday against a “misleading AI campaign” by tobacco manufacturer Philip Morris.
These are promotional signs of the tobacco company in Dutch shopping areas. Under the text “Your freedom of choice is at risk”, passers-by can scan a QR code that links to a website where citizens can express their objections to stricter policy to the European Commission in just a few clicks.
The user only has to click on objection points and fill them in themselves, and with the help of artificial intelligence, an argument is then produced that can be sent to the online consultation of the European Commission for the revision of the European Tobacco Products Directive. “Offered by Philip Morris Benelux BV” is written in smaller font below the QR code.
“This is not neutral citizen participation,” says lung pathologist Danielle Cohen NRC. “This is a carefully designed influence campaign that gives the impression that people are independently giving their opinion, while in reality they are being steered in a predetermined direction. There are dozens of buttons against stricter regulations, and only one button where you can indicate that you are in favor of stricter regulations.”
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No ‘fair representation’
What’s going on here, says Cohen, is that “the one with the greatest financial interest, the one who makes the products, is mounting campaigns to flood the EU consultation with consumer opinions in an incredibly devious way.” “Depending on whether you have clicked on whether you think it is more important to ‘maintain your freedom of choice’ or whether you would like to continue vaping a flavor, slightly different texts are displayed each time. That is what makes it so sneaky. This is of course not a fair representation of what people think in the country.”
Moreover, it is not allowed, thinks lawyer Laura van Gijn, who drew up the complaint on behalf of the doctors. “We believe that this qualifies as tobacco advertising. And that is prohibited. It is presented as a kind of citizens’ initiative, but it is a form of influence, in which all kinds of arguments are fabricated that suit Philip Morris very well. Heated tobacco is also presented as a less harmful alternative.” Philip Morris has recently been investing in an electronic device that heats tobacco instead of burning it.
If you enter: ‘I want a ban and I am in favor of further restrictions’, the tool will say things like: ‘It is time to shift the focus to less harmful alternatives’
Van Gijn: “For example, if you manually enter: ‘I want a ban, ban, ban. And I am in favor of further restrictions’, the tool generates a story in which it automatically says things like: ‘It is time to shift the focus to less harmful alternatives’. Philip Morris is a dominant player in heated tobacco worldwide, and that is exactly the market in which they are looking for growth. They mislead citizens and then put them in front of their lobby. The consumer also hears all kinds of positive things about products. that Philip Morris sells.”
‘Misleading practice’
If NRC puts it to the test and clicks on using tobacco in the tool, then checks ‘traditional cigarettes’ as the most important category and when asked ‘Which aspects of the new rules are most important to you?’ If you check the ‘freedom of choice’ box, the question follows: ‘What else are you specifically concerned about?’ The answer options: ‘A diverse range of alternatives increases the chance of a successful switch to smoke-free alternatives’ and ‘having freedom of choice’. After choosing the first option, NRC explicitly fills in the free section: ‘A total ban would help me get rid of my addiction.’
The language model makes this clear: “I believe that the European Union’s Tobacco Products Directive should allow a wide range of options […]. Banning everything wouldn’t solve the problem; it would only drive people back to the more harmful traditional options. We need choices, not restrictions. […] Removing all options is not the answer; it is important that alternatives are available. Let’s focus on providing safe options instead of taking everything away.” One click and the message is sent to the European Commission.
“That is why we want the Advertising Code Committee to classify this as tobacco advertising and as a misleading practice,” says lawyer Van Gijn. “If they do that, Philip Morris will really be in trouble. As far as I’m concerned, we will then go to civil court.”
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Philip Morris: ’emphatically no advertising’
Philip Morris responds to questions from NRC An written explanation on ‘Project Voice’. It points out ‘the right of individuals and stakeholders to contribute to legislative initiatives
that could affect them.” The company says it will inform consumers at tobacco points of sale “about the opportunity to share their opinions.” “This is emphatically not an advertisement for products, nor a call for a prescribed position, as users are free to write whatever they want.”
30 percent of all cancer is caused by smoking. The ‘alternative products’ that Philip Morris makes are also still toxic and addictive
The Smoke-Free Generation supports the doctors’ complaint. The partnership has filed a complaint about the Philip Morris campaign with the Dutch Food and Consumer Product Safety Authority (NVWA). The initiators also report this to the Dutch Data Protection Authority, because the interface of the website is not in accordance with the General Data Protection Regulation (GDPR).
“We have pulled out all the stops,” says lung pathologist Cohen. “Because with seven hundred thousand annual tobacco deaths in Europe and exploding healthcare costs, this is the biggest health problem we have. 30 percent of all cancer is caused by smoking. The ‘alternative products’ that Philip Morris makes are also still toxic and addictive. And children who start often become smokers.”
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