This document systematizes the reasons why Argentina must ratify the WHO Framework Convention on Tobacco Control to strengthen health protection standards.
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On August 9 and 10 we will hold the 1st Congress of Food Policies in Argentina in the Autonomous City of Buenos Aires. It is organized by Fundeps and Fundación Sanar.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
With the participation of national and international speakers, for 2 days we will talk about the progress and challenges of the 1 year anniversary of the implementation of the Law for the Promotion of Healthy Eating, known as the labeling law.
We will share views and opportunities for joint work between students and health professionals, the educational community, state authorities, organizations that work for the right to health, the environment, among other actors.
The main topics of the congress include:
- Challenges for the implementation of the law in the provinces.
- Healthy school environments: recommendations and tools.
- Transformation of food programs.
- Food Industry Marketing Strategies.
Schedule:
- First day (August 9): begins at 8:30 a.m. with the accreditations. There will be 3 discussion tables and speakers ending the day at 5:15 p.m.
- Second day (August 10): starts at 8:30 a.m. and ends at 12:40 p.m. There will be 2 dialogue tables.
The congress will take place at SCALA HOTEL (BERNARDO DE IRIGOYEN 740, CABA).
It is free and with limited seats. Requires prior registration.
See the full program and speakers here.
The objective of this document is to provide simple, clear and timely information about the scope of Law 27,642 on the Promotion of Healthy Eating so that the various people that make up the educational community become agents of change that accompany the new food paradigm in the school environments.
The construction of healthy school environments is essential to promote healthy eating in childhood and adolescence. In this document, we gather recommendations and suggestions for the authorities in the field of education to move forward in this regard, based on the implementation of the Law for the Promotion of Healthy Eating and the adoption of complementary measures.
Last Tuesday, May 2, the National Executive Power submitted to the Chamber of Deputies a bill for the ratification of the Framework Agreement for Tobacco Control. Argentina is the only country in South America that has not yet done so and its ratification constitutes a pending debt for public health. In this note we tell you why the Argentine State should not miss this opportunity and why it is important to take this step for the adequate protection of the right to health.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The National Ministry of Health, in the latest World Youth Tobacco Survey, revealed that our country has one of the highest tobacco addiction prevalence rates in the region. The data show that tobacco consumption causes 44,851 deaths per year, representing 13% of the total deaths and that more than 22% of the population still consumes tobacco, with the age at which smoking begins being increasingly lower, which is already ranges from 12 to 15 years.
Likewise, according to a study published by the Institute of Effectiveness and Health Clinic, our country spends approximately 197,000 million pesos each year to treat diseases caused by smoking (such as chronic obstructive pulmonary disease, heart disease, lung cancer, among others), representing 7.6% of local health spending. In addition, as if this were not enough, smoking mainly affects vulnerable social groups, thus generating a vicious circle of poverty and disease, and has been internationally recognized as a barrier to sustainable development.
It is this context that determines the urgency of moving forward with the ratification of the Framework Convention for Tobacco Control (FCTC). This is the first international public health treaty signed by the World Health Organization (WHO), which to date has been ratified by 182 countries (including all the States that are part of Mercosur, except Argentina) and is one of the the most widely accepted pacts in the history of the United Nations.
It is important to highlight that this treaty was prepared in order to respond to the global tobacco epidemic. To this end, the FCTC provides a comprehensive framework for the implementation of effective tobacco control policies aimed at reducing the supply, demand, and harm caused by these products. Thus, by ratifying this Agreement, Argentina would commit to adopting a battery of measures that would strengthen the public health protection standard.
Key points of ratification
Currently, our country has various regulatory provisions on tobacco control and some of them even adopt the measures provided for in the FCTC itself. However, it is important to highlight that the incorporation of this international instrument into the national legal system continues to be essential. Well, there are regulations that are still highly permissive to the commercial interests of the industry, while there are certain global problems that necessarily require international cooperation to address them.
In this sense, the adoption of the Framework Convention would improve the broad prohibition of advertising, promotion and sponsorship of tobacco products, including that with cross-border effects. This measure acquires fundamental importance in the face of the globalization of communications and the millionaire investments in marketing made by the industry. While the National Tobacco Control Law allows the presence of marketing within the points of sale, direct communications to people over 18 years of age, as well as corporate social responsibility actions by tobacco companies.
Likewise, the ratification of the Framework Convention would allow Argentina to have better tools to face the problem of illicit trade, such as the Protocol for the elimination of illicit trade in tobacco products, also signed under the auspices of the WHO. According to research, illicit trade – involving smuggling, counterfeiting, illicit manufacturing, among other forms – increases the accessibility and affordability of tobacco products, and violates price-related measures and targeted tax measures. to reduce the tobacco epidemic. This treaty recognizes that the elimination of all forms of illicit trade is an essential component of tobacco control and that it requires the development and application of both national and international measures. Within the scope of Mercosur, Argentina is the only country that does not participate in the negotiations for the control of smuggling, being left out of the decisions aimed at preventing illegal trade between neighboring countries.
In turn, the Framework Agreement, through its article 5.3 and the guidelines for its application, confer a set of measures aimed at protecting public health policies against commercial interests and other vested interests on the part of tobacco companies, as well as of individuals or organizations working to advance the interests of this industry. In this sense, the need to establish measures to limit interactions with the tobacco industry to those cases in which it is strictly necessary to establish an effective regulation of it and its products is highlighted; guarantee the transparency of the interactions that take place either through hearings and public records; require that the information provided by the industry be accurate and transparent; establish clear rules on conflicts of interest for all persons working in the State and in the sphere of tobacco control; denormalize and not approve, support, associate or participate in the activities that the tobacco industry promotes as “socially responsible” (such as public education initiatives, health care, etc.), among other recommendations. In this way, the FCTC provides an adequate legal framework to curb tobacco industry interference in public health issues related to tobacco control.
Finally, it is important to highlight that the ratification of the Framework Agreement would also enable the Argentine State to participate in spaces where relevant decisions are made for tobacco control and the construction of international cooperation strategies. An example of this is the Conference of the Parties, the governing body of the FCTC that is in charge of regularly reviewing its application and adopting the necessary decisions to promote its effective implementation. In addition, it is a body from which mechanisms are promoted for the transfer of specialized technical, scientific, technological and legal knowledge, taking into account the needs of the States Parties, if they are developing countries, if they have economies in transition, etc.
A matter of human rights
From the preamble, the Convention makes it clear that it is an international instrument “based on scientific evidence that reaffirms the right of all people to enjoy the highest level of health that can be achieved.” In this way, it exposes the relationship between the protection of the right to health and tobacco control policies.
In this regard, it is important to highlight that the ratification of the Framework Agreement is in line with the obligations assumed by the Argentine State in terms of protection of human rights. According to the International Covenant on Economic, Social and Cultural Rights -which also has a constitutional hierarchy- the Argentine State has the duty to adopt the necessary measures in order to guarantee the right of every person to enjoy the highest possible level of health. In this regard, the Committee on Economic, Social and Cultural Rights, through its observations, has said that the State’s failure to comply with the necessary measures to make it effective constitutes a violation of the right to health, as it would be the failure to adopt sufficient control policies for the marketing of tobacco products. Likewise, this Committee has specially recommended the Argentine State to ratify the FCTC and promote public policies aimed at preventing the initiation of consumption and informing about the negative impacts of tobacco on health, with emphasis on childhood and adolescence.
In the same sense, there is the Convention for the Elimination of all forms of Discrimination against women -which also enjoys constitutional hierarchy- and according to which the Argentine State, being a Party, has the duty to adopt the appropriate measures to protect and guarantee women’s right to health. In this regard, the Committee of this Convention has recommended that the Argentine State ratify the FCTC, reduce the high level of tobacco use among adolescents, particularly girls, and face the health consequences of smoking.
In this way, the intimate connection between tobacco control policies and human rights obligations is observed, even reinforced by the interpretive work of human rights monitoring organizations. Thus, the FCTC is used as a standard to understand the scope of the obligations derived from the human right to health, especially in the face of the tobacco epidemic.
What is the procedure for ratification of the FCTC to take place?
On September 25, 2003, the Argentine State through the National Executive Branch signed the FCTC. This is the first step to take in the process of ratifying an international treaty and implies the assumption of the commitment not to undermine the objectives of the treaty. Unfortunately, 20 years had to elapse since that signature was produced for the National Executive to finally present a bill for ratification before the National Congress.
This bill must be approved by both chambers so that once it has become law, the National Executive proceeds to the ratification -properly speaking- and the consequent deposit of the instrument before the United Nations. It is important to note that this action indicates the consent of a State to be bound by the terms of a treaty. Therefore, in case of non-compliance, there is the possibility of demanding compliance, both nationally and internationally.
What first our right to health!
The FCTC provides a legal framework with concrete measures aimed at preventing and limiting the tobacco epidemic. From the ratification, the Argentine state will be obliged to implement the measures that the Framework Agreement imposes, thus strengthening the protection standards that currently prevail in terms of tobacco control.
Public policies aimed at improving the health of the population require the greatest commitment on the part of all social actors and political forces. Today, Argentina has a new opportunity to settle this outstanding debt with public health, prioritizing the protection of fundamental rights -especially those who are in a situation of vulnerability, such as children and adolescents- over those negotiated. and industry business interests. The ratification of the FCTC must be high on the political agenda. The Chamber of Deputies has to move forward!
More Information
- An industry that does not give up
- Civil society organizations call for public policies free from interference from the tobacco industry
- Industry interference in the regulation of tobacco and nicotine products
Author
Maga Merlo
Contact
Maga Merlo, magamerlov@fundeps.org
On February 16, the extension granted to large companies to implement the law expired and on the 20th it is the turn of SMEs, who from that day on must incorporate the seals in their products with excessive content of critical nutrients. In this key month, civil society organizations highlight the need for the law to be complied with and for the State to take an active role in its oversight.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
The month of February has two key dates for the Healthy Eating Promotion Law, better known as the Labeling Law. That is why FAGRAN, Fundeps, SANAR, FIC Argentina and Consciente Colectivo met to review the timing of the norm and to highlight that there are no more excuses for the law to be complied with.
On the one hand, February 16 is the day on which the extensions granted to large companies expire, a benefit that they counted on to delay the implementation date that the law originally stipulated (August 20, 2022). That is, from now on, large companies must incorporate seals on the packaging of their products with excesses of critical nutrients. This process will be gradual given that products from companies that obtained extensions can still circulate in stores, and that were prepared and packaged before February 16, which, according to the law, are not required to bear stamps since they were produced under the extension period.
On the other hand, the regulations of the law establish that as of February 20, SMEs must begin to include labels on the corresponding containers. However, as was the case with large companies, SMEs can obtain extensions of up to 180 days to delay implementation.
Although the extensions are within the framework provided for by the norm and are not a violation of it, we from the organizations demand that information be public about the reasons why this benefit was approved, as well as which products. and companies were awarded. This information was not provided by the State, removing transparency from the law implementation process. This situation, added to factors such as stock, generates a confusing scenario for citizens, who do not have clear information to identify if a product does not have seals because it is healthy; because it comes from another stock; or because it has the benefit of extension.
From now on, the role of the State in monitoring compliance with the law will be key to defending the rights of the population. From civil society we will continue to monitor this process, providing tools and information and demanding its correct implementation with citizens.
Contact
Maga Merlo, magamerlov@fundeps.org
This document summarizes the good practices of the Latin American countries that have incorporated front-facing food labeling into their regulations. A brief summary of the result of the analysis of the regulations of all these countries will be presented, and a clear comparison will be provided. on every aspect of those standards.
Last Thursday, November 17, we held a meeting on the current management of food programs for school canteens in the provinces of Mendoza, Córdoba, Salta, Tucumán, and Buenos Aires. Special emphasis was placed on food purchasing systems and on the need to guarantee the effective application of Law No. 27,642 on the Promotion of Healthy Eating (PAS) within the framework of school assistance programs in each of these provinces. The event was organized by Fundeps, Nuestra Mendoza, Andhes, Salta Transparente, the Center for the Implementation of Constitutional Rights (CIDC) and also had the support of SANAR.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
In addition to representatives of the aforementioned civil society organizations, the following participated in the meeting: Claudia Oliva and Victoria Lo Valvo, General Director of the Comprehensive Assistance Program of Córdoba (P.A.I.Cor) and Director of Legal Affairs of the General Directorate of Purchases of Córdoba ; Franco Pullido and Gabriel Sciola, Director of School Feeding of Mendoza and Undersecretary of Administration of the General Directorate of Schools of Mendoza and Matías Molina, General Director of Monitoring of Procurement of Goods and Services of the province of Salta.
At first, through a participatory dynamic, the different representations and social images linked to chronic non-communicable diseases and, specifically, malnutrition due to excess and the commonly known “law of labeling” were addressed. Then the different components of said law were described and, finally, the provisions related to public purchases for school canteens were studied in depth.
It was highlighted that, when dealing with purchases for educational establishments, they should guarantee that products with black seals did not enter the schools, whether they were already packaged products or the ingredients used to prepare the food. This, given that products with at least one seal or precautionary legend cannot be offered, marketed, promoted, advertised or sponsored within schools, by virtue of article 12 of the PAS law.
In a second moment, the floor was given to each of the leading people from the provinces, authorities in the event that they were present or from NGOs, so that they could comment on how the management of the food programs was in each one of them, how Food purchases were decided, with what nutritional criteria, if this information was accessible to the public, all with the aim of identifying some common points and windows of opportunities for the effective application of the PAS law.
By way of conclusion, each attendee identified opportunities, challenges and possibilities for articulation between civil society and the State agencies involved.
Authors
Maria Victoria Sibilla
Maga Merlo
Contact
Maria Victoria Sibilla, ninasibilla@fundeps.org
We sent to national authorities of the Executive and Legislative Power a document with legal arguments and scientific evidence that support the need to update the national law No. 26,687 of regulation of advertising, promotion and consumption of products made with tobacco. In this note we tell you what we ask of them and why.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
Law No. 26,687 is already more than 10 years old, and the need to update it in light of the marketing strategies of the tobacco industry and the new products it develops is evident. According to the World Survey on Tobacco in Young People in Argentina, carried out in 2020, tobacco consumption produces 44,851 annual deaths, representing 13% of total deaths and that still, more than 22% of the population consumes tobacco, being the age of initiation, which is already between 12 and 15 years, is decreasing.
For this reason, we send a report with key information to the Nation’s Minister of Health -Carla Vizzotti-, to the block presidents of the Chamber of Deputies, and to various legislators from commissions related to the subject, explaining why what is this update needed.
The World Health Organization warns that while many countries have made significant progress in regulating traditional tobacco products, there are many others that are novel (such as heated tobacco products and electronic cigarettes, better known as vapers). ), and continue without being properly regulated, making their way through the population, especially in children and adolescents. The WHO adds that these products are not only harmful to health, but also work as an incentive for young people to start consuming traditional cigarettes.
On the other hand, we transmitted to the Minister and the legislators information about the legal loopholes that the current law has, and that are exploited by the tobacco industry to avoid advertising, promotion and sponsorship prohibitions. For this same reason, we suggest a series of measures that should be included in the standard, such as the absolute and explicit prohibition of all types of advertising -including display at points of sale-, as well as its effective control to avoid violations, and ultimately, get them sanctioned.
We bet on the political will and the strengthening of public policies to improve the standards of protection of the right to health. A strong and thriving industry like the tobacco industry requires a State that is present and willing to watch over the interests and rights of the population.
More Information
- An industry that does not give up – Fundeps
- Global Youth Tobacco Survey in Argentina – Ministry of Health of the Nation
- WHO reports on progress in fighting the tobacco epidemic – World Health Organization
- Do not smoke the story: the forms changed but the strategies did not – Fundeps
- Don’t let the steam cover your smoke – Fundeps
Author
Sofía Armando
Contacto
Maga Merlo, magamerlov@fundeps.org
In these last 10 years we have seen great changes in the tobacco industry. Elegance and technology in its products, striking and advanced images, new words in its advertising campaigns and web pages. That is, the development of increasingly sophisticated marketing strategies, capable of quickly captivating the target audience. Very subtly and, even in an almost imperceptible way, the tobacco companies sneak into our unconscious and shape our preferences, behaviors and perceptions.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
These companies usually benefit from the side effect of the slowness with which States regulate their actions. An industry capable of investing millions of dollars in innovation and advertising requires strong regulatory frameworks that allow it to deal with them with due immediacy and efficiency. Otherwise, the health, dignity and quality of life of people are in danger, especially that of children and adolescents, a group on which these corporations especially focus.
What does the tobacco control law say in Argentina?
In Argentina, the National Tobacco Control Law (LNCT) is more than 10 years old. Although at the time it represented a significant advance in the matter, the truth is that it has become outdated and insufficient in the face of the arsenal of marketing strategies that the tobacco companies were developing. Added to this are the difficulties that the Argentine State has in developing adequate control mechanisms that allow it to guarantee compliance with regulations throughout the country. If the monitoring of advertising tactics in traditional media was already a challenge for the State, the control of all these new strategies promoted by the tobacco companies brings more complexities.
The industry spends millions of dollars daily to create marketing tactics that create the impression that tobacco use is widespread and acceptable. In this sense, it has been scientifically proven that advertising, promotion and sponsorship increase the chances of starting tobacco consumption, maintain or increase consumption levels among smokers and reduce the willingness to quit smoking.
In our country -at the national level-, there is a broad ban on actions of promotion, advertising and sponsorship of products made with tobacco, whether they take place directly or indirectly and through any means of dissemination or communication. However, the regulations also establish a series of exceptions to said prohibition, such as the promotion and advertising that is carried out inside the points of sale, in publications of the tobacco sector and through direct communications to people over 18 years of age, provided that they have given their prior consent and their age has been verified.
These types of partial restrictions are ineffective in reducing consumption and protecting public health. Well, advertising that is prohibited by a communication channel, is displayed and reinforced by others. In this sense, according to the Argentine experience, with the advancement of regulations that had the purpose of limiting marketing strategies, the main achievements were obtained in the field of traditional media, such as television, radio and graphic press. However, tobacco companies quickly developed other innovative ways to continue operating and thus protect their income. Some of these strategies were in express violation of current regulations and others premeditatedly took advantage of legal loopholes to continue promoting and advertising their products. In this way, the points of sale, massive events and the Internet -among others-, began to be the disputed and privileged spaces for these corporations.
The tobacco companies at the corner store
A study carried out by FIC Argentina, whose purpose was to evaluate the marketing strategies used by tobacco companies at points of sale in 8 provinces of the country, found that in 56.1% of these spaces there was some type of advertising for cigarettes or tobacco products. related, such as: cigarette packs used as decoration elements; posters with logo and/or brand that advertise certain products; posters without a logo and/or brand but that contain references, allusions or slogans related to tobacco products; shelves provided by the tobacco industry with spaces for advertising posters and lighting effects; display of tobacco products for sale through shelves.
In turn, research shows that investments by tobacco companies in points of sale have been increasing significantly in recent years. This is because these spaces are central and effective in exposing people to messages and images that position smoking as something normal and familiar. Strategic placement of packages and signage in highly visible locations (such as checkout lines, check-in and check-out areas) ensures that the brand and associated imagery stand out, serving as a visual reminder and reinforcing the desire to smoke. Added to this is the fact that a large part of the packages displayed, the posters and the shelves, are visible from the outside so that they reach not only those who enter the premises but also those who pass by in the vicinity.
“New products” + digital marketing = the perfect combo
The irruption in the market of the so-called “new products”, such as the electronic cigarette -also called Electronic Nicotine Administration Systems (SEAN) and Similar Systems Without Nicotine (SSSN)- and heated tobacco products, constituted a novelty in herself. Its sophisticated designs and the technology applied to its operation quickly captured the attention of the public, especially the youth. In addition, as if that were not enough, they began to be presented as low-risk products or as part of smoking cessation treatments, thus contributing to a false idea about smoking.
In this sense, it is pertinent to highlight that the launch of these new products was accompanied by the emergence of a new language that managed to install new terms in the market, such as “vaping”, “vaping”, “vaporizers”. All terminologies that had the purpose of not only disguising the true act that embodies the use of electronic cigarettes and heated tobacco products -that is, smoking-, but also concealed and softened the harmful consequences that their use represents for health. consumption.
In turn, the marketing of these new products was boosted by digital marketing, which used social media in particular to reach as many people as possible. Among the most outstanding strategies is the hiring of influencers and musical artists who, by reaching a large number of people, position themselves as trendsetters. In this way, they become one of the main channels used by tobacco companies to promote their products and, at the same time, establish bonds of loyalty with the young population.
An example of this is the one carried out by the company MIG VAPOR LLC through music videos that are reproduced through Youtube Argentina. The advertising contained in these videos consists of repeatedly showing famous artists -mostly from the world of reggaeton- consuming electronic cigarettes, displaying the brand name in easily visible places and in the provision of a link that is in the description of the played song that immediately redirects to the sales website of MIG VAPOR LLC.
According to the current legislation of Argentina, the promotion and advertising of the electronic cigarette, as well as any of its accessories, is specifically prohibited by Provision No. 3226/11 of the National Administration of Medicines, Food and Medical Technology (ANMAT) . Likewise, based on a systematic interpretation of the National Tobacco Control Law and its Regulatory Decree, this type of product could be found within its scope of application and, consequently, its advertising through websites and social networks is prohibited.
However, it must be said that the control by the ANMAT in this sense has been scarce to insufficient, and with regard to the control and monitoring mechanisms deployed by the Ministry of Health – the national law enforcement authority -, these have focused more than anything on traditional media and not on digital media. In this way, the tobacco companies have been left in a situation of pre-eminence in the face of the control actions deployed by the State.
There is a clear need to improve the regulation of new tobacco and nicotine products in accordance with international standards, so that it includes not only electronic cigarettes but also heated tobacco products, and so that the agencies in charge of their control can make its oversight mechanisms more efficient in order to guarantee a complete ban on advertising, whatever the means of dissemination.
VIP pass in massive events
According to a survey carried out by FIC Argentina in hostels, bowling alleys and musical events, tobacco companies often use various advertising tactics in order to attract a youth audience. Offering free samples and exchanges, delivery of promotional objects, stands decorated with screens and the aesthetic identity of the brand, are the most used strategies in these spaces. In addition, as in the points of sale, tobacco products are sold, promoted and displayed there.
In addition, those who attend the stand usually summon young people to contests and raffles, and it is there that an exchange is promoted and produced that culminates in the registration of personal data. Thus, the tobacco companies manage to increase their database and have all the necessary information for future marketing actions. Among them, e-mail marketing and social networks.
In accordance with the LNCT and its Regulatory Decree, in addition to prohibiting all types of advertising on public roads, spaces for public use, bars, nightclubs, the use of direct or indirect incentives that encourage the purchase or consumption of tobacco products is prohibited. such as the realization of promotional discounts, the delivery of gifts or the realization of contests or competitions. Likewise, the delivery of free samples, either as a gift or exchange for another product, is prohibited. Despite this, the control of these events is deficient and evidences the need to improve the monitoring and sanction mechanisms.
What do we need from the Argentine State?
The violation of current regulations on tobacco control, the inadequate control by the State added to an industry capable of investing millions of dollars in marketing and innovation, reveal the urgency of moving towards a complete ban on advertising, promotion and sponsorship , in all its forms and whatever the means of dissemination.
Promotion and advertising at points of sale, especially through the display of tobacco products, is one of the main marketing strategies used by tobacco companies. In this sense, the Framework Convention for Tobacco Control (FCTC) has established in its article 13 that “a total ban on advertising, promotion and sponsorship would reduce the consumption of tobacco products” and that, the exhibition in points of sale, should be considered in itself as a form of advertising and promotion.
In addition, according to the scientific literature on the matter as well as the provisions of the Framework Convention itself, the legislation that establishes the complete prohibition of advertising, promotion and sponsorship of tobacco products is an effective measure in the fight against smoking. Well, it has the capacity to reduce the consumption of the entire population, regardless of their income and education level.
On the other hand, faced with the advance of new products, it is necessary to guarantee a regulatory framework that expressly regulates them. The current National Tobacco Control Law does not expressly accept them and if it does, it could increase the expectations of compliance with the regulation, reduce the gray areas of the current regulations in order to prevent tobacco companies from continuing to develop abusive marketing and commercialization strategies and, in short, reduce the danger that these products represent for public health.
In this line, the 7th meeting of the Conference of the Parties to the Framework Convention for Tobacco Control in 2016 recommended that the regulation “prevent the promotion of SEAN/SSSN and prevent the adoption by non-smokers, pregnant women and young people. , minimize potential health risks to users and non-users of ENDS/SSSNs, prohibit unproven claims about ENDS/SSSNs, and protect tobacco control efforts from commercial and other tobacco industry vested interests.” . In relation to heated tobacco products, he stated that they should be subject to the normative and regulatory measures applied to all other tobacco products.
It is necessary for the State to take into account the paradigm shift that has taken place in the last 11 years since the sanction of the national Tobacco Control standard. If our regulatory frameworks are not updated and if our inspection mechanisms do not improve, it will not be possible to reduce the tobacco epidemic and, consequently, protect public health. In this sense, the ratification of the Framework Convention becomes essential, as it will be a tool that will allow the current standards of protection in terms of tobacco control to be strengthened.
An industry that is advancing by leaps and bounds, developing new products and innovative marketing strategies, requires States capable of responding quickly and effectively. Or what would be even better, anticipate the scams of these corporations.
More Information
- Industry interference in the regulation of tobacco and nicotine products
- Digital strategies of the tobacco industry: how it is convincing us to buy its new products
- Civil society organizations call for public policies free from interference from the tobacco industry
Authors
Gaetano Vaggione
Maga Merlo Vijarra
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
After a long journey in pursuit of the health of all the inhabitants of our country, at the 146th meeting of the National Food Commission (CONAL) held on August 24 and 25, 2022, the proposal for updating of Art. 155 tris of the Argentine Food Code (CAA) to reduce the limits on the content of trans fats in food products and the prohibition of partially hydrogenated oils.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
In September 2021, from the Argentine Federation of Graduates in Nutrition (FAGRAN), the Argentine InterAmerican Heart Foundation (FIC Argentina), the Foundation for the Development of Sustainable Policies (Fundeps), Argentine Consumers and the Argentine Society of Nutrition and Food Reales (SANAR), we presented a proposal to CONAL to improve the standards of industrially produced trans fats. Argentina currently has one of the least strict policies compared to other countries in the region. At the same time, the Ministry of Health of the Nation presented its proposal online with the aforementioned organizations.
After an arduous follow-up and joint work, CONAL was able to include the treatment of the proposal in its agenda, reaching the Public Consultation instance, with great support from the community and Scientific Societies. The process was postponed in some stages, finally reaching its approval, with adaptation of the deadlines, although without other modifications of the original proposal. The approved proposal grants a term of two years for the adequacy of food to the established limit of 2% trans fatty acids, three years for the adequacy of ingredients and raw materials to the established limit of 2% trans fatty acids and four years for the elimination of the use of oils and partially hydrogenated fats in the food industry.
The new regulation will be adapted to the guidelines recommended by the World Health Organization (WHO) and the Pan American Health Organization (PAHO). These are designed to promote the worldwide reduction and elimination of industrially produced Trans Fats in the food supply, given the overwhelming evidence of their negative effects on the cardiovascular health of the population, increasing the risk of developing cardiovascular diseases (CVD) and the to die for these It should be noted that, in addition, the implementation of superior policies contribute to protecting the human right to health and adequate food.
From this great step in defense of the right to health, from Civil Society we ask the Executive Branch to promptly publish the resolution in the Official Gazette to make the policy effective.
Organizations committed to the health of the entire population celebrate that we will finally be able to say Bye Trans Fats.
Contact
Maga Merlo, magamerlov@fundeps.org
According to the regulations of the Law for the Promotion of Healthy Food, this August 20, large companies must begin to implement the Frontal Warning Labeling on their products. Small and Medium Enterprises (SMEs) have a deadline to do so until February 2023. The appearance of the stamps will be gradual and progressive.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
When did we start to see the seals?
As of this August 20, the products of large companies that have an excess of critical nutrients -such as sugars, sodium, saturated fats, total fats and calories-, must display on the main face of the container one or more warning stamps with the “EXCESS IN” badge. Also, those foods that contain sweeteners and/or caffeine, must present the precautionary legends: “CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN” and/or “CONTAINS CAFFEINE, AVOID IN CHILDREN”.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
In this way, the central axis of the regulation that seeks to protect and guarantee the right to information in consumer relations begins to be implemented. This is the first stage of a gradual process, in which the cut-off points are made more flexible, until reaching (in a second stage) the maximum values set by the Nutrient Profile of the Pan American Health Organization (PAHO). Tool adopted by law to classify and determine products that contain an excessive amount of critical nutrients.
According to the PAHO profile, the products that should be classified using its criteria are processed (such as fruit in syrup, cheese, or foods preserved in brine) and ultra-processed (such as sweet or salty snacks, cookies, ice cream, candies), either which are the ones that normally contain high amounts of sugars, sodium and fats. For their part, those minimally processed or unprocessed products will not bear stamps. Examples of this are fresh fruits and vegetables, dried noodles, rice, legumes or the exceptions provided by the regulations: common sugar, vegetable oils, dried fruits and common table salt.
Now, what happens to the products that we know have an excess of critical nutrients and that on August 20 are going to continue on the shelves without their corresponding seals?
These cases, which unfortunately will not be few, must be explained in one of the following ways:
1- It can be a product made by an SME, for which the first stage begins in February 2023.
2- It may be a product from a large company that has a production date prior to August 20, which according to the law may be kept on the market until stock is exhausted.
3- Or, it may be a product of a large company, with a production date after August 20, which has obtained an extension.
This last case is the one that generates the greatest concern and uncertainty in civil society. As indicated by the Provision of the National Administration of Medicines, Food and Medical Technology (ANMAT), the possibility of requesting an extension only exists for the first stage and only once. This deadline expired on July 20 for large companies.
For the purposes of said request, companies must declare and specify the products for which they make the order, as well as the specific reasons why they found limitations in meeting the established deadlines. In this framework, the ANMAT can resolve by approving or rejecting. If the extension request is approved, large companies have a maximum period to put the seals on their products, until February 2023.
Something important to note is that the regulations do not provide for the opening of this information, so in the face of secrecy, we decided to present a request for access to public information. Despite the efforts, the ANMAT replied that it could not provide us with these data as they are confidential. This decision, unfortunately, limits the possibility that civil society can be an active agent in monitoring the implementation of the law.
However, after our request, the ANMAT published a statement informing that as of July 27, 2,658 applications had already been received (encompassing a total of 236 companies), of which around 35% had been approved. However, the statement says nothing about: which companies requested an extension and why, on which products the extension was granted and the criteria for accepting or rejecting them.
This means that we will not know if those products that do not have seals, is because they obtained the extension or because they are in fact not complying with the norm. We need better transparency standards to be ensured throughout the implementation process.
What about the rest of the components of the law?
Meanwhile, it is important not to lose sight of the fact that the law not only introduces the system of “warning stamps” that will allow us to know what we eat. The seal is part of this standard that seeks to address the problem of healthy eating in a comprehensive and cross-cutting manner. Thus, the Law also contains provisions on: “Promotion, Advertising and Sponsorship”, “Education and Healthy Environments” and “Public Purchases”.
Let’s review each one and see why we say that the correct implementation of the seals is essential for full compliance with the standard:
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School environments
According to the regulatory decree, the Ministry of Health must coordinate with the Ministry of Education and the Federal Council of Education to include in the school curriculum minimum contents of nutritional food education and guarantee that schools are healthy spaces or free of stamps. In other words, no product with at least one warning seal or precautionary legend may be offered, marketed, promoted, advertised or sponsored in educational establishments in the country.
The corresponding regulations have not been issued on this aspect. Until now, the Ministry has only advanced in the incorporation of courses on Healthy Eating in the teacher training courses.
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Advertising, promotion and sponsorship
The labeling law prohibits the advertising, promotion and sponsorship of all those products that contain at least one (1) warning seal and that is directed especially at children and adolescents.
Likewise, it establishes that those products that contain a warning seal cannot include complementary nutritional information on their packaging, endorsement seals from scientific societies or civil associations, children’s characters, animations, celebrities, athletes, interactive elements, gifts, games, digital downloads. , etc.
According to the regulatory decree, the ANMAT has the duty to establish and dictate the complementary regulations that facilitate the implementation and control of these provisions. However, this body has not disclosed the implementation and control mechanisms that will be used to guarantee compliance with these provisions.
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Public purchases
On this aspect, the Ministry of Health must coordinate with the National Procurement Office to guarantee that the National State, given the same convenience, prioritizes contracting those products that do not have warning stamps. This provision has significant relevance. But we still do not know how this articulation will take place, nor what will be understood by “equal convenience” or “prioritizing”.
It is important to highlight that to guarantee the full application of all aspects of the law throughout the country, the work and political will of the provinces is necessary. Either for the dictation of complementary norms that are necessary, as for the control and surveillance in their territories.
More Information
Authors
María Laura Fons
Maga Merlo Vijarra
Contact
Maga Merlo Vijarra, magamerlov@fundeps.org