Alcome: minor changes to the eco-organization criticized by public health

After the cancellation by the Council of State in July of the decree defining Alcome's specifications, the Ministry of the Environment published a second version, making marginal changes, well below the demands of anti-smoking NGOs. The fundamental issue of the eco-organization remains unchanged, since Alcome is still directly linked to the tobacco industry, and still runs the risk of being mobilized as a tool for renormalization and social responsibility by manufacturers.

Alcome is the eco-organization in charge of extended producer responsibility in the field of tobacco products for the reduction of the impact of plastic on the environment. In July 2022, the Council of State decided to annul the decree of February 5, 2021 which set the specifications of the eco-organization, following two appeals for abuse of power, brought by the Federation of Cigar Manufacturers, on the grounds that this decree had not been the subject of a consultation. This organization, approved by the Ministry of the Environment, is an emanation of the tobacco industry and the Confederation of tobacconists.

Some modifications that do not change the nature of Alcome

The new decree includes some minor changes, which do not, however, change the nature of the problem, as presented by public health stakeholders. Thus, the rewriting of the decree now requires that a health warning be included in communication materials, and provides for the implementation of an awareness campaign on the fire risks of cigarette butts. Furthermore, Alcome is required to publish the list of people with whom the eco-organization "maintains a contractual relationship". From now on, the eco-organization must also implement the necessary actions so that the number of communities and their groups having contracted with it represents at least 50 % of the national population by December 31, 2023, 75 % by December 31, 2024 and 90 % by December 31, 2025. Finally, the methodology for assessing the number of cigarette butts thrown in public spaces must be carried out with ADEME[1].

A mixture of genres contrary to France's obligations

The wording of this new decree, however, leaves aside a certain number of points raised by anti-smoking NGOs, such as the National Committee against Smoking (CNCT). For example, the Ministry of the Environment did not consider it appropriate to revisit the free distribution of pocket ashtrays, when the scientific literature tends to demonstrate the counterproductive nature of such a measure. Similarly, the proposal that these pocket ashtrays be at a minimum neutrals was not retained.

More essentially, this new decree poses three essential problems from a public health perspective. First, this eco-organization remains an emanation of tobacco manufacturers, despite French regulations and international commitments: the Public Health Code and the WHO Framework Convention on Tobacco Control (FCTC) prohibit corporate social responsibility actions by the tobacco industry. Then, while the establishment of this eco-organization is motivated by an imperative of Extended Producer Responsibility (EPR), on the polluter-pays principle, the eco-organization still evades the responsibility of manufacturers in the environmental pollution of cigarette butts. In this way, the new decree does not force Alcome to implement measures aimed at reducing the production of this waste, and excludes from its scope a certain number of provisions demonstrated to be effective, such as the increase in smoke-free areas. Finally, the proximity of the eco-organization to the tobacco industry raises a risk of renormalization of the tobacco industry, both among the population and among public authorities. Such interference is also contrary to Article 5.3 of the FCTC, which requires France to guarantee the independence of public policies with regard to the influence of the tobacco industry.

FT

[1] Legifrance, Order of November 23, 2022 containing specifications for eco-organizations and individual systems in the extended producer responsibility sector for tobacco products, 11/13/2022, (accessed 12/19/2022)