The Council of State cancels the missions of Alcome, the eco-organization in charge of cigarette butts

The decree of February 5, 2021 defining the specifications of the eco-organization was canceled on July 28 by the Council of State. Alcome will have to cease its activities on January 1, 2023, but tobacco professionals do not intend to give up just yet.

Seized in the context of two appeals for abuse of power by the Federation of Cigar Manufacturers (ex-AFCF), the Council of State annulled on July 28 the decree of February 5, 2021 which set the specifications for collecting cigarette butts, on the grounds that it had not been the subject of a public consultation.[1]. On the other hand, in another decision made on the same day, the Council of State dismissed the case of the Federation of Cigar Manufacturers, which argued that its products were not equipped with plastic filters.[2]. The article L541-10-1 of the Environmental Code specifies in fact that not only are concerned “tobacco products equipped with filters made entirely or partly of plastic”, but also “products that are intended to be used with tobacco products”.

An eco-organization funded by tobacco producers

The allocation, on August 11, 2021, of cigarette butt collection missions to the eco-organization Alcome had caused confusion among those involved in the fight against tobacco. Alcome is in fact an eco-organization exclusively composed of representatives of the tobacco sector: manufacturers and the Confédération des buralistes, which is contrary to article 5.3 of the Framework Convention on Tobacco Control (CCLAT), ratified by France in 2004[3] and also contrary to the public health code which prohibits any form of partnership with this industry. Any interference by tobacco manufacturers in public policies is therefore prohibited. The eco-organization collecting cigarette butts should therefore have been independent of this industry and the contributions of tobacco players should have been only financial, as the Alliance against Tobacco and its members (ACT) point out.[4]. They also challenge Alcome's policy of ignoring extended producer responsibility (EPR) for tobacco and focusing solely on smokers' accountability. Smoke Free Partnership members and the FCTC secretariat have intervened on numerous occasions at international and European levels to point out that EPR activities cannot be used to promote corporate social responsibility (CSR) under any circumstances.[5].

For Alcome, this decision taken on the form would not call into question its ability to continue its mission. The eco-organization, which can continue to operate until December 31, 2022, fully intends to reapply when the next decree is published, and has continued to form partnerships (Megève, Saint-Médard-en-Jalles) after the announcement of the decision of the Council of State[6].

Tobacconists want to contribute to the fight against fires

The Confederation of tobacconists, present in the eco-organization Alcome, for its part entered into a partnership on August 30 with the National Federation of Firefighters of France (FNSPF) and the Entente Valabre, on the theme of forest fire prevention.[7]It provides for public awareness posters to be posted in tobacconists, as well as posters encouraging the recruitment of volunteer firefighters. "With a new poster campaign, they are recruiting sergeants", said Gregory Allione, president of the FNSPF, about tobacconists. Richard Mallié, president of the SDIS13 and former parliamentarian, also plans to advocate for the return of ashtrays in cars.

As tobacco retailers and producers (with the LCB cigarette brand), tobacconists should nevertheless be excluded from this type of operation, in the same way as other tobacco producers. In addition, the distribution of pocket ashtrays to smokers and the installation of ashtrays in cars contribute to renormalizing tobacco and are part of the overall strategy of cigarette manufacturers, aimed at shifting their responsibility onto that of smokers.[8]. Other options are possible to combat fires, such as the ban on smoking in vehicles, inaugurated this summer in Langlade (31) and envisaged in Laveline-du-Houx (88)[9].

Keywords: Alcome, eco-organization, Council of State, cigarette butts, Confederation of tobacconists

©Tobacco Free Generation

M.F.

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[1] REP tobacco: the Council of State cancels the specifications for lack of public consultation, Actu Environnement, published on August 4, 2022, consulted on 1^er September 2022.[2] Case law basis, Decision No. 455411, Council of State, reading of July 28, 2022.[3] Alcome: why the eco-organization for the fight against cigarette butts is problematic, Generation Without Tobacco, published on March 17, 2022, consulted on 1^er September 2022.[4] Cigarette butt management, ACT, consulted on 1^er September 2022.[5] Contribution of Smoke Free Partnership to the review process of the European Waste Framework Directive 2008/98/EC, Generation Without Tobacco, published on August 23, 2022, consulted on September 2, 2022.[6] Cigarette butts: the Council of State cancels Alcome's specifications but the eco-organization's activity continues, The World of Tobacco, published on August 5, 2022, consulted on 1^er September 2022[7] Cigarette butts: partnership between firefighters/confederation/Valabre agreement for a new public awareness campaign, The World of Tobacco, published on 1^er September 2022, accessed 1^er September 2022[8] Pocket ashtrays: false environmental solution, real marketing tool, Tobacco Free Generation, published on 1^er September 2022, accessed 1^er September 2022.[9] Vosges: Mayor calls for total ban on smoking in vehicles, Generation Without Tobacco, published on April 17, 2022, consulted on 1^er September 2022.National Committee Against Smoking |