KEY ELEMENTS OF KEY ELEMENTS OF THE FCTCTHE FCTC

NIGERIAN TOBACCO CONTROL NIGERIAN TOBACCO CONTROL STRATEGY PLANNING MEETINGSTRATEGY PLANNING MEETING

Lagos Lagos 16-19 May 200516-19 May 2005

Purpose of ExercisePurpose of Exercise

1.1. Articulate concise arguments in favor of Articulate concise arguments in favor of ratifying the FCTC and the policy ratifying the FCTC and the policy measures it contains to policymakers, measures it contains to policymakers, the media and other potential allies. the media and other potential allies.

2.2. Enable you to anticipate and counteract Enable you to anticipate and counteract common tobacco industry arguments common tobacco industry arguments against the FCTC and its policies. against the FCTC and its policies.

The FCTC...The FCTC...The first international public health treaty negotiated The first international public health treaty negotiated under the auspices of the World Health Organizationunder the auspices of the World Health OrganizationObjective: “Objective: “to protect present and future to protect present and future generations from the devastating health, social, generations from the devastating health, social, environmental and economic consequences of environmental and economic consequences of tobacco consumption and exposure to tobacco tobacco consumption and exposure to tobacco smokesmoke...”...”Timeline: 1999 - 2003Timeline: 1999 - 2003

THE FCTCTHE FCTC

PreamblePreamble

38 Articles38 Articles

Full text available at:Full text available at:

www.fctc.orgwww.fctc.org

FCTC: Key Provisions FCTC: Key Provisions

Comprehensive Ban on Advertising and Comprehensive Ban on Advertising and PromotionPromotionLarge Health Warning Labels RequiredLarge Health Warning Labels RequiredDeceptive Labels ProhibitedDeceptive Labels ProhibitedNonsmokers Must be ProtectedNonsmokers Must be ProtectedContent of Tobacco Products to be Content of Tobacco Products to be RegulatedRegulatedSale to Minors ProhibitedSale to Minors Prohibited

Other ProvisionsOther Provisions

Establish or reinforce and finance national Establish or reinforce and finance national coordinating mechanism or focal point for coordinating mechanism or focal point for tobacco control. tobacco control.

Endeavor to include tobacco cessation Endeavor to include tobacco cessation services in national health programs. services in national health programs.

Prohibit distribution of free tobacco products. Prohibit distribution of free tobacco products.

Promote participation of NGOs in the Promote participation of NGOs in the development of tobacco control programs. development of tobacco control programs.

No reservations to the FCTC are allowed.No reservations to the FCTC are allowed.

More In Depth Look at FCTC More In Depth Look at FCTC Provisions on:Provisions on:

AdvertisingAdvertising

TaxationTaxation

Secondhand SmokeSecondhand Smoke

Packaging & LabelingPackaging & Labeling

SmugglingSmuggling

Advertising BansAdvertising Bans

FCTC: FCTC: Advertising, Promotion and Sponsorship (Article 13)Advertising, Promotion and Sponsorship (Article 13)

……a comprehensive ban on advertising, promotion and a comprehensive ban on advertising, promotion and sponsorship would reduce the consumption of tobacco sponsorship would reduce the consumption of tobacco productsproducts..

Requires a comprehensive ban within five years, including Requires a comprehensive ban within five years, including cross-border advertising originating within a Party's territory. cross-border advertising originating within a Party's territory.

Includes indirect as well as direct forms of advertising. Includes indirect as well as direct forms of advertising.

Allows for constitutional constraints. Allows for constitutional constraints.

The Parties also agree to consider a protocol to elaborate on The Parties also agree to consider a protocol to elaborate on cross-border advertising.cross-border advertising.

Advertising Bans and Advertising Bans and ConsumptionConsumption

Scientific and economic rationale for bansScientific and economic rationale for bans::

Research shows that comprehensive tobacco Research shows that comprehensive tobacco advertising and promotion bans can decrease advertising and promotion bans can decrease consumption. consumption.

Partial bans have been found to be ineffective – Partial bans have been found to be ineffective – industry merely shifts spending to non-banned industry merely shifts spending to non-banned media.media.

Comprehensive advertising bans reduce cigarette Comprehensive advertising bans reduce cigarette consumptionconsumption

Consumption trends in countries with such bans vs. those with no Consumption trends in countries with such bans vs. those with no bansbans

(n=102 countries)(n=102 countries)

No Ban

Ban

1450

1500

1550

1600

1650

1700

1750

1981 1991

Year

Cig

aret

te c

on

sum

pti

on

per

cap

ita

Source: Saffer, 2000

Common Arguments Against Common Arguments Against Ad Bans and Useful Ad Bans and Useful

ResponsesResponses

““Tobacco advertising doesn’t Tobacco advertising doesn’t affect tobacco consumption”affect tobacco consumption”

Peer-reviewed studies – including from the World Bank Peer-reviewed studies – including from the World Bank -- show that tobacco advertising causes increased -- show that tobacco advertising causes increased consumption.consumption.

• Advertising is also linked to smoking initiation among Advertising is also linked to smoking initiation among specific groups – such as women and children – as a specific groups – such as women and children – as a result of campaigns targeted at them. result of campaigns targeted at them.

• If it does not work, why does the industry spend billions a If it does not work, why does the industry spend billions a year on it (US$11.2 billion in the United States alone in year on it (US$11.2 billion in the United States alone in 2001)?2001)?

• Studies from countries that have banned tobacco Studies from countries that have banned tobacco advertising have seen decreases in tobacco use. advertising have seen decreases in tobacco use.

““We should only prohibit We should only prohibit advertising aimed at kids”advertising aimed at kids”

It is impossible to draw a clear line defining what It is impossible to draw a clear line defining what advertising is targeted at kids. Cigarette advertising is targeted at kids. Cigarette promotion has been successful in reaching promotion has been successful in reaching youth in large part because it portrays smoking youth in large part because it portrays smoking as an “adult” behavior: something that every as an “adult” behavior: something that every adolescent aspires to. And studies have shown adolescent aspires to. And studies have shown that partial restrictions on promotion do not that partial restrictions on promotion do not reduce tobacco use.reduce tobacco use.

““Arts and sporting events would Arts and sporting events would disappear without tobacco industry disappear without tobacco industry

support”support”

Many jurisdictions have banned tobacco Many jurisdictions have banned tobacco sponsorships and, despite dire predictions, most sponsorships and, despite dire predictions, most groups have found alternative sponsors. Other groups have found alternative sponsors. Other jurisdictions have used revenue from tobacco jurisdictions have used revenue from tobacco taxes to buy out tobacco sponsorships and fund taxes to buy out tobacco sponsorships and fund events. This way, people are exposed to events. This way, people are exposed to messages about health rather than unhealthy messages about health rather than unhealthy products when they watch sports events or products when they watch sports events or musical concerts.musical concerts.

““We don’t need to regulate tobacco advertising – the We don’t need to regulate tobacco advertising – the tobacco companies are proposing a voluntary code.”tobacco companies are proposing a voluntary code.”

Tobacco company codes, by their own Tobacco company codes, by their own admission in internal documents, are designed admission in internal documents, are designed solely as public relations strategies to forestall solely as public relations strategies to forestall meaningful regulation of promotion: meaningful regulation of promotion:

An industry code will be written [for Pakistan]...so that it can be used as both a lobbying lever and an argument against not introducing formal legislation. Philip Morris, 1994.

TAXATIONTAXATION

FCTC: FCTC: Taxation & Duty Free Sales Taxation & Duty Free Sales (Article 6)(Article 6)

Tobacco tax increases are encouraged. Tobacco tax increases are encouraged. Recognition that raising tobacco prices "is an Recognition that raising tobacco prices "is an effective and important means of reducing effective and important means of reducing tobacco consumption“tobacco consumption“Duty-free sales are discouraged. Parties may Duty-free sales are discouraged. Parties may prohibit or restrict duty-free sales of tobacco prohibit or restrict duty-free sales of tobacco products.products.

Cigarette price and consumption Cigarette price and consumption show opposite trends (1)show opposite trends (1)

Real price of cigarettes and annual per adult cigarette Real price of cigarettes and annual per adult cigarette

consumption in South Africa 1970-1989consumption in South Africa 1970-1989

Source: Saloojee 1995

0.05

0.06

0.07

0.08

0.09

1970 1972 1974 1976 1978 1980 1982 1984 1986 1988

Year

Cig

aret

te c

on

sum

pti

on

per

ad

ult

(in

pac

ks)

0.7

0.8

0.9

1

1.1

1.2

1.3

Rea

l P

rice

Real price

Consumptionper adult

Common Arguments Against Common Arguments Against

Tax Hikes & Useful ResponsesTax Hikes & Useful Responses

““Tobacco taxes hurt the poor Tobacco taxes hurt the poor and punish smokers”and punish smokers”

Tobacco taxes are extremely effective in reducing Tobacco taxes are extremely effective in reducing tobacco use. For every 10% increase in the real price of tobacco use. For every 10% increase in the real price of tobacco products, consumption in middle-income tobacco products, consumption in middle-income countries will drop by about 8%. The decrease will be countries will drop by about 8%. The decrease will be greatest among youth and the poor, exactly those greatest among youth and the poor, exactly those groups that government policy hopes to benefit the most groups that government policy hopes to benefit the most and that can least afford to bear the burden of tobacco-and that can least afford to bear the burden of tobacco-caused disease. Money from taxes can be used to pay caused disease. Money from taxes can be used to pay for programs that help smokers quit smoking, and for for programs that help smokers quit smoking, and for programs that benefit the poor.programs that benefit the poor.

Smoking accounts for much of the Smoking accounts for much of the mortality gap between rich and poormortality gap between rich and poor

Risk of death of a 35 year old male before age 70, Risk of death of a 35 year old male before age 70, by education levels in Poland, 1996by education levels in Poland, 1996

Source: Bobak et al., 2000

5% 9%19%1%

1%

5%

21%

22%

28%

0%

10%

20%

30%

40%

50%

60%

Higher Secondary Primary

Other causes

Attributed to SMOKINGbut would have diedanyway at ages 35-69

Attributed to SMOKING

““Tobacco taxes are just a money Tobacco taxes are just a money grab by governments”grab by governments”

It is true that some governments raise It is true that some governments raise tobacco taxes primarily to increase tobacco taxes primarily to increase government revenue. But this does not government revenue. But this does not detract from the fact that tobacco taxes detract from the fact that tobacco taxes are healthy public policy.are healthy public policy.

““Government will lose revenue if Government will lose revenue if they increase tobacco taxes”they increase tobacco taxes”

There has not been a single instance in which There has not been a single instance in which an increase in tobacco taxes has resulted in an increase in tobacco taxes has resulted in decreased government revenue. On the decreased government revenue. On the contrary, data from dozens of countries shows contrary, data from dozens of countries shows that when tobacco taxes increase, revenue from that when tobacco taxes increase, revenue from tobacco taxes increases. Although tobacco tobacco taxes increases. Although tobacco consumption falls in response to higher prices, consumption falls in response to higher prices, because tobacco is addictive the decline is small because tobacco is addictive the decline is small in proportion to the tax increase, guaranteeing in proportion to the tax increase, guaranteeing stable government revenue at least in the stable government revenue at least in the medium term.medium term.

““Higher tobacco taxes will increase Higher tobacco taxes will increase tobacco smuggling”tobacco smuggling”

The level of corruption in a country as measured The level of corruption in a country as measured by the “transparency index” is a far better by the “transparency index” is a far better predictor of tobacco smuggling than the level of predictor of tobacco smuggling than the level of tax. In most countries, the benefits of higher tax. In most countries, the benefits of higher tobacco taxes in terms of health and revenue tobacco taxes in terms of health and revenue have been significant even in countries where have been significant even in countries where the level of consumption of smuggled tobacco is the level of consumption of smuggled tobacco is high. And governments can use increased tax high. And governments can use increased tax revenue to strengthen anti-smuggling efforts.revenue to strengthen anti-smuggling efforts.

Secondhand SmokeSecondhand SmokeFCTC: FCTC: Secondhand Smoke (Article 8)Secondhand Smoke (Article 8)

Parties recognize that scientific evidence has Parties recognize that scientific evidence has unequivocally established that exposure to tobacco unequivocally established that exposure to tobacco smoke causes death, disease and disability.smoke causes death, disease and disability.

OObliges parties to adopt “effective” laws to protect bliges parties to adopt “effective” laws to protect citizens from tobacco smoke.citizens from tobacco smoke.

Guiding Principle calls on governments to contemplate Guiding Principle calls on governments to contemplate measures to protect measures to protect allall persons from exposure to persons from exposure to

tobacco smoke.tobacco smoke.

Clean Indoor Air Laws, Consumption Clean Indoor Air Laws, Consumption & Public Health& Public Health

Scientific RationaleScientific Rationale

Definitive reports by the International Agency Definitive reports by the International Agency for Research on Cancer, the U.K. Scientific for Research on Cancer, the U.K. Scientific Committee on Tobacco and Health, and the Committee on Tobacco and Health, and the U.S. Environmental Protection Agency, U.S. Environmental Protection Agency, among others, have concluded that tobacco among others, have concluded that tobacco smoke is a human carcinogen.smoke is a human carcinogen.

Prohibiting Smoking in Public PlacesProhibiting Smoking in Public Places

Policy Rationales:Policy Rationales:

Protecting Non-SmokersProtecting Non-Smokers

Influencing Smoking Influencing Smoking ConsumptionConsumption

Changing Social NormsChanging Social Norms

Common Arguments Against Clean Common Arguments Against Clean

Indoor Air Laws & Useful ResponsesIndoor Air Laws & Useful Responses

““There is no proven link between There is no proven link between secondhand smoke and disease”secondhand smoke and disease”

Every credible medical and scientific Every credible medical and scientific organization in the world – including the organization in the world – including the World Health Organization, the US Surgeon World Health Organization, the US Surgeon General, the International Agency for General, the International Agency for Research on Cancer – agree that Research on Cancer – agree that secondhand smoke exposure causes secondhand smoke exposure causes serious illness and death in nonsmokers.serious illness and death in nonsmokers.

““Shared smoking and nonsmoking Shared smoking and nonsmoking areas will solve the problem”areas will solve the problem”

This is like having a urinating and non-This is like having a urinating and non-urinating section in a swimming pool. urinating section in a swimming pool. Would you jump in? If the air is shared, the Would you jump in? If the air is shared, the smoke pollution is shared. Smoke in the smoke pollution is shared. Smoke in the smoking section causes disease in the smoking section causes disease in the nonsmoking section.nonsmoking section.

““Secondhand smoke is just an issue Secondhand smoke is just an issue of poor ventilation”of poor ventilation”

Better ventilation may reduce theBetter ventilation may reduce the odour odour of of smoke, but it does not eliminate the harmful smoke, but it does not eliminate the harmful chemicals. To eliminate these chemicals in an chemicals. To eliminate these chemicals in an average smoking office, so many air exchanges average smoking office, so many air exchanges would be required that there would be a small would be required that there would be a small typhoon.typhoon.

Why force businesses to invest in expensive Why force businesses to invest in expensive ventilation equipment when they can just ventilation equipment when they can just eliminate the source of the pollution? The eliminate the source of the pollution? The cheapest, most effective, and only sensible cheapest, most effective, and only sensible solution is to eliminate smoking indoors.solution is to eliminate smoking indoors.

““Smoke-free environments will harm Smoke-free environments will harm businesses, especially bars, businesses, especially bars,

restaurants, and tourist industries”restaurants, and tourist industries”Workplaces that are smoke-free lower their maintenance Workplaces that are smoke-free lower their maintenance and insurance costs, and their workers are more and insurance costs, and their workers are more productive. Smokers and nonsmokers exposed to smoke productive. Smokers and nonsmokers exposed to smoke get sick more often, and smoke-free workplaces help get sick more often, and smoke-free workplaces help smokers to quit smoking.smokers to quit smoking.

The effect of banning smoking in bars and restaurants has The effect of banning smoking in bars and restaurants has been studied in hundreds of communities. Sales receipts been studied in hundreds of communities. Sales receipts show that sales increase or remain the same in smoke-free show that sales increase or remain the same in smoke-free bars and restaurants in comparison to those in jurisdictions bars and restaurants in comparison to those in jurisdictions that still allow smoking. Studies that show otherwise are that still allow smoking. Studies that show otherwise are always funded by the tobacco industry allies, and usually always funded by the tobacco industry allies, and usually look at owner predictions rather than actual sales data.look at owner predictions rather than actual sales data.

““Government doesn’t have the right Government doesn’t have the right to tell my business to tell my business

what to do”what to do”

Businesses do not have the right to Businesses do not have the right to endanger the health and lives of their endanger the health and lives of their employees and customers. Government is employees and customers. Government is obligated to protect public health and obligated to protect public health and safety, as it does when it regulates drinking safety, as it does when it regulates drinking and driving, implements seatbelt laws, or and driving, implements seatbelt laws, or sets environmental pollution standards.sets environmental pollution standards.

““Smoking restrictions Smoking restrictions infringe on smokers’ rights”infringe on smokers’ rights”

As the saying goes, “my right to swing my As the saying goes, “my right to swing my arm stops where your nose begins.” arm stops where your nose begins.” Smokers do not have the right to harm Smokers do not have the right to harm others with their smoke. Smoke-free others with their smoke. Smoke-free environments do not violate the “right” to environments do not violate the “right” to smoke, they protect the right of smoke, they protect the right of nonsmokers’ to breathe clean air.nonsmokers’ to breathe clean air.

PACKAGING & LABELINGPACKAGING & LABELINGArticle 11Article 11

Every package carries health warnings Every package carries health warnings describing the harmful effects of tobacco describing the harmful effects of tobacco use. These warnings and messages: use. These warnings and messages: shall be rotating shall be rotating shall be large, clear, visible and legibleshall be large, clear, visible and legible should be 50% or more of the principal display should be 50% or more of the principal display

areas but shall be no less than 30% of the areas but shall be no less than 30% of the principal display areasprincipal display areas

may be in the form of or include pictures or may be in the form of or include pictures or pictograms. pictograms.

Brazilian Health Warnings

Canadian Health WarningsCanadian Health Warnings

Ban Misleading Terms Such as Ban Misleading Terms Such as “Light”, “Mild” and “Low-Tar”“Light”, “Mild” and “Low-Tar”

PACKAGING & LABELING PACKAGING & LABELING

Scientific and economic rationaleScientific and economic rationale

Prominent health warnings and messages on Prominent health warnings and messages on tobacco product packages have been found to tobacco product packages have been found to lead to an increased awareness of risks and an lead to an increased awareness of risks and an increased desire to quitincreased desire to quit

““Light”, “low-tar” and other misleading descriptors Light”, “low-tar” and other misleading descriptors represent one of the biggest consumer frauds of represent one of the biggest consumer frauds of all time. all time.

Smokers have a right to know what they are Smokers have a right to know what they are consuming and the risks.consuming and the risks.

Companies use cigarette packages as a Companies use cigarette packages as a form of advertisement – they are seen form of advertisement – they are seen every time they are purchased, pulled from every time they are purchased, pulled from someone’s purse or pocket, left on a bar someone’s purse or pocket, left on a bar or restaurant table, or held by an actor in a or restaurant table, or held by an actor in a movie.movie.

Country-specific warnings help reduce Country-specific warnings help reduce smuggling.smuggling.

Common Arguments Against Common Arguments Against

Packaging & Labeling Packaging & Labeling

and Useful Responsesand Useful Responses

““Health Warnings are ineffective”Health Warnings are ineffective”

The package messages in many countries are The package messages in many countries are ineffective because they are so small and give ineffective because they are so small and give unclear information. unclear information.

In countries where health messages on packages In countries where health messages on packages are large and use pictures, many smokers have are large and use pictures, many smokers have tried to quit smoking. These messages can tried to quit smoking. These messages can reinforce other elements of a tobacco control reinforce other elements of a tobacco control program, such as smoke-free environments. A program, such as smoke-free environments. A pack a day smoker will see the messages 7,300 to pack a day smoker will see the messages 7,300 to 9,125 times a year.9,125 times a year.

““People here buy single cigarettes, People here buy single cigarettes, they won’t even see packages”they won’t even see packages”

If the health messages are large and clear If the health messages are large and clear enough, people will see them when they are enough, people will see them when they are displayed for sale, when they are taken out displayed for sale, when they are taken out of smokers’ pockets and purses, and when of smokers’ pockets and purses, and when they are discarded. Package messages are they are discarded. Package messages are one of the cheapest and widest-reaching one of the cheapest and widest-reaching forms of public education available.forms of public education available.

““Many people can’t read so Many people can’t read so package messages won’t work”package messages won’t work”

This is a good reason to have pictures This is a good reason to have pictures accompanying text messages. Pictures accompanying text messages. Pictures can graphically illustrate the health harms can graphically illustrate the health harms of smoking and secondhand smoke, and of smoking and secondhand smoke, and can be understood even without text.can be understood even without text.

““It will cost the companies too much It will cost the companies too much to retool their printing presses”to retool their printing presses”

The companies change their packaging all The companies change their packaging all the time the time

SMUGGLING – Article 15SMUGGLING – Article 15

Parties must “monitor and collect data on cross-Parties must “monitor and collect data on cross-border trade in tobacco products, including illicit border trade in tobacco products, including illicit trade, and exchange information among customs, trade, and exchange information among customs, tax and other authorities” tax and other authorities”

Requires parties to implement measures to Requires parties to implement measures to monitor, document and control the storage and monitor, document and control the storage and distribution of tobacco products in transit.distribution of tobacco products in transit.

Common Arguments Against the Common Arguments Against the

FCTC and Useful ResponsesFCTC and Useful Responses

““The FCTC is taking away the The FCTC is taking away the sovereign right of countries to sovereign right of countries to decide their own approach to decide their own approach to

tobacco use”tobacco use”

The FCTC has been negotiated by WHO Member The FCTC has been negotiated by WHO Member States in their capacity as sovereign nations. It is States in their capacity as sovereign nations. It is an agreement that countries can choose to ratify an agreement that countries can choose to ratify sign or not. The vast majority of countries support sign or not. The vast majority of countries support the FCTC, because they see it as a mechanism to the FCTC, because they see it as a mechanism to strengthen their national efforts to reduce tobacco strengthen their national efforts to reduce tobacco use.use.

““The FCTC will violate trade The FCTC will violate trade agreements”agreements”

By signing and ratifying the FCTC, By signing and ratifying the FCTC, countries will acknowledge the importance countries will acknowledge the importance of measures to protect public health and of measures to protect public health and will be less likely to challenge other will be less likely to challenge other countries that implement such measures.countries that implement such measures.

GroupsGroups

1. Advertising 1. Advertising

2. Taxation2. Taxation

3. Clean indoor air3. Clean indoor air

4. Packaging and labeling (includes 4. Packaging and labeling (includes warning labels, light & low, etc)warning labels, light & low, etc)

5. The FCTC5. The FCTC

Task Task

1.1. Develop three key arguments in favor of Develop three key arguments in favor of the policy and be able to present them in the policy and be able to present them in a concise and convincing mannera concise and convincing manner

2.2. Anticipate main industry arguments Anticipate main industry arguments against the policy and develop against the policy and develop responses responses

3.3. Develop three main industry arguments Develop three main industry arguments for the next groupfor the next group