Bans On Tobacco Advertising, Promotion And Sponsorship

1Bans on tobacco advertising,promotion and sponsorshipTobacco Control Team PAHO/OMSSession 5 – Miami, USA, March 2020

PAHO/WHO

PAHO/WHO

Evidence I Tobacco advertising, promotion and sponsorship (TAPS) increase tobacco useand that comprehensive bans on TAPSdecrease tobacco use.International evidence indicates thatcomprehensive bans are effective inreducing tobacco sales and tobaccoconsumption.The impact of TAPS bans may be evenmore dramatic in low- and middleincome countries than in lobal report/en/

Monograph 19: The Role of theMedia in Promoting andReducing Tobacco raphs/19/index.html

6Evidence II The tobacco industry spends billions of dollars yearly to market its products.Using increasing sophisticated and covert formsof tobacco advertising, promotion andsponsorship (TAPS), the tobacco industry links itsproducts with success, fun and glamour.In many countries, tobacco is promotedwherever youths can be easily accessed such asin the movies, on the Internet, in fashionmagazines and at music and sports en/index1.html

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8Evidence III TAPS also help to reassure current smokers and create a climate where smoking is seenas normal social behavior, and create anillusion that tobacco is just an ordinaryconsumer product.TAPS increase smoking initiation amongyouths, even brief exposures can power/enforce/en/index1.html

PAHO/WHOInterventionsArticle 1 - Use of terms(c) “tobacco advertising and promotion” means any form ofcommercial communication, recommendation or action with theaim, effect or likely effect of promoting a tobacco product or tobaccouse either directly or indirectly;(g) “tobacco sponsorship” means any form of contribution to anyevent, activity or individual with the aim, effect or likely effect ofpromoting a tobacco product or tobacco use either directly andle/10665/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1

PAHO/WHOInterventionsArticle 1 - Use of terms(c) “tobacco advertising and promotion” means any form ofcommercial communication, recommendation or action with theaim, effect or likely effect of promoting a tobacco product or tobaccouse either directly or indirectly;(g) “tobacco sponsorship” means any form of contribution to anyevent, activity or individual with the aim, effect or likely effect ofpromoting a tobacco product or tobacco use either directly andle/10665/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1

PAHO/WHORadio and TVNewspapers Billboardsand journalsRetail sale anddisplayInternetTAPS - directPackaging andproduct featuresMail andbrochures

PAHO/WHOFree samplesIncentivepromotionsTAPS - indirectSponsorshipBrand stretchingand brandsharingCorporate socialresponsibility

PAHO/WHOInterventionsArticle 13 - Tobacco advertising, promotion andsponsorship1. Parties recognize that a comprehensive ban on advertising,promotion and sponsorship would reduce the consumption oftobacco products.2. Each Party shall, in accordance with its constitution orconstitutional principles, undertake a comprehensive ban of alltobacco advertising, promotion and sponsorship.This shall include, subject to the legal environment and technicalmeans available to that Party, a comprehensive ban on cross-borderadvertising, promotion and sponsorship originating from its territory.In this respect, within the period of five years after entry into force ofthis Convention for that Party, each Party shall undertake appropriatelegislative, executive, administrative and/or other measures andreport accordingly in conformity with Article 5/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1.

PAHO/WHOInterventionsArticle 13 - Tobacco advertising, promotion andsponsorship4. As a minimum, and in accordance with its constitution orconstitutional principles, each Party shall:(a) prohibit all forms of tobacco advertising, promotion andsponsorship that promote a tobacco product by any means that arefalse, misleading or deceptive or likely to create an erroneousimpression about its characteristics, health effects, hazards oremissions;(b) require that health or other appropriate warnings or messagesaccompany all tobacco advertising and, as appropriate, promotionand sponsorship;(c) restrict the use of direct or indirect incentives that encourage thepurchase of tobacco products by the 10665/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1

PAHO/WHOInterventionsArticle 13 - Tobacco advertising, promotion andsponsorship(d) require, if it does not have a comprehensive ban, the disclosure torelevant governmental authorities of expenditures by the tobacco industryon advertising, promotion and sponsorship not yet prohibited. Thoseauthorities may decide to make those figures available, subject to nationallaw, to the public and to the Conference of the Parties, pursuant to Article21;(e) undertake a comprehensive ban or, in the case of a Party that is not in aposition to undertake a comprehensive ban due to its constitution orconstitutional principles, restrict tobacco advertising, promotion andsponsorship on radio, television, print media and, as appropriate, othermedia, such as the internet, within a period of five years; and(f) prohibit, or in the case of a Party that is not in a position to prohibit dueto its constitution or constitutional principles restrict, tobacco sponsorship ointernational events, activities and/or participants /10665/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1

PAHO/WHOInterventionsArticle 13 - Tobacco advertising, promotion andsponsorship5. Parties are encouraged to implement measures beyond theobligations set out in paragraph 4.7. Parties which have a ban on certain forms of tobacco advertising,promotion and sponsorship have the sovereign right to ban thoseforms of cross-border tobacco advertising, promotion andsponsorship entering their territory.8. Parties shall consider the elaboration of a protocol setting outappropriate measures that require international collaboration for acomprehensive ban on cross-border advertising, promotion /handle/10665/42811/9241591013.pdf;jsessionid 470AD14D1B368129F91DC6D92F88D3D9?sequence 1

Guidelines for implementation of Article 13https://www.who.int/fctc/guidelines/article 13.pdf

Comprehensive Ban of TAPS all advertising and promotion, as well assponsorship, without exemption; direct and indirect advertising, promotionand sponsorship; acts that aim at promotion and acts thathave or are likely to have a promotionaleffect; promotion of tobacco products and the use of tobacco; commercial communications and commercial recommendations andactions; contribution of any kind to any event, activity or individual; advertising and promotion of tobacco brand names and all corporatepromotion; and traditional media (print, television and radio) and allmedia platforms, including Internet, mobile telephones and othernew technologies as well as films.

Retail sale and display Display and visibility of tobaccoproducts at points of sale constitutesadvertising and promotion and shouldtherefore be banned. Vending machines should be bannedbecause they constitute, by their verypresence, a means of advertising andpromotion.

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Packaging and product features Packaging and product design areimportant elements of advertisingand promotion. Parties should consider adopting plain packaging requirements toeliminate the effects of advertisingor promotion on packaging.Packaging, individual cigarettes or other tobaccoproducts should carry no advertising or promotion,including design features that make productsattractive.

Brand stretching and Brand sharing“Brand stretching” occurs when a tobacco brand name, emblem,trademark, logo or trade insignia or any other distinctive feature(including distinctive colour combinations) is connected with a nontobacco product or service in such a way that the tobacco productand the non-tobacco product or service are likely to be associated.“Brand sharing” occurs when a brand name, emblem, trademark,logo or trade insignia or any other distinctive feature (includingdistinctive colour combinations) on a non-tobacco product orservice is connected with a tobacco product or tobacco company insuch a way that the tobacco product or company and the nontobacco product or service are likely to be associated.

Internet sales and “Brand stretching”and “brand sharing Internet sales of tobacco should bebanned as they inherently involvetobacco advertising and promotion. “Brand stretching” and “brand sharing”should be regarded as tobaccoadvertising and promotion in so far asthey have the aim, effect or likely effectof promoting a tobacco product ortobacco use either directly or indirectly.Parties should ban both.

Corporate Social Responsibility

Corporate Social Responsibility Tobacco companies seek to portraythemselves as good corporate citizensby making contributions to deservingcauses or by otherwise promoting“socially responsible” elements of theirbusiness practices. Some tobacco companies make financial or in-kind contributionsto organizations, such as community, health, welfare orenvironmental organizations, either directly or through otherentities The Parties should ban contributions from tobacco companies toany other entity for “socially responsible causes”, as this is aform of sponsorship. Publicity given to “socially responsible”business practices of the tobacco industry should also bebanned.

PAHO/WHODepictions of tobacco in entertainment media The depiction of tobacco in Ladyboys: Inside Thailand's Third Gender (TV Mini-Series 2014),Episode 1entertainment media products, suchas films, theatre and games, canstrongly influence tobacco use,particularly among young people.certification that no benefits havebeen received for any tobaccodepictionsprohibiting the use of identifiabletobacco brands or imagery, requiringanti-tobacco advertisementsratings or classification system thattakes tobacco depictions intoaccount

PAHO/WHOTAPS ban should apply to social media Tobacco companies now frequently 26043/9789241516204eng.pdf?ua 1utilize novel media platforms forTAPS activities such as social mediasites and mobile phone applicationsinfluencers, spokespeople, andbrandsponsored contests are usedto promote tobacco products.Children and adolescents areparticularly exposed to theseplatforms.

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PAHO/WHOTobacco Industry Arguments and Counterarguments

PAHO/WHOTobacco Industry Arguments and CounterargumentsTobacco Industry A ban on tobacco advertising willnot decrease tobacco use. TAPS only targets adult smokers; itonly affects market share. Tobacco industry do not promoteuse by minors. To the contrary,promote youth preventioncampaigns.Facts Sound evidence that comprehensivebans on TAPS significantly reduce theuse of tobacco. Internal tobacco industry documentsrevealed targeting of youth. Industry youth prevention programsaim at improving the industry’s publicimage and discourage tobacco control.

PAHO/WHOTobacco Industry Arguments and CounterargumentsTobacco IndustryFacts A TAPS ban will harm the TAPS only corresponds to a small advertising industry and theeconomy.A ban on TAPS will lead to otheradvertising bans.Tobacco is legal and it is notbanned.Part of freedom of expressionfraction of the total advertisingindustry.Uniqueness of the product because ofit lethality, while similar restrictionsexist with other products such asmedicines, and firearms.

PAHO/WHOTobacco Industry Arguments and CounterargumentsTobacco Industry A ban on sponsorship will affectcultural and sportive events. Banning TAPS at the point of leadsto increased illicit trade.Facts Evidence from several countrieswhere other sponsors have substitutedtobacco industry. Aimed at overall decrease regardlesslegal or illegal status of the products.

PAHO/WHOTobacco Industry Arguments and Counterarguments

Countering Tobacco Industry obal/pdfs/en/APS industry arguments Tobacco-Manual-(For-Web-14-May-2013).pdf