Tag Archive for: Tobacco Control

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Industry interference in the regulation of tobacco and nicotine products

It is not new that, based on different marketing strategies, the tobacco industry has been making us believe for more than 80 years that consuming its products will make us more cool, have more success in our lives or see ourselves much more attractive. for the sole fact of smoking. However, these are not the only tactics they use to stay in the market.

“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”.

Although there is evidence about how harmful tobacco is, there is still a lot of work to be done regarding its regulation. According to data from the World Health Organization (WHO), it is known that tobacco kills up to half of the people who consume it, and each year more than 8 million people die from it. More than 7 million of these deaths are due to direct consumption and about 1.2 million are due to the exposure of non-smokers to second-hand smoke.

One of the causes of these statistics is that tobacco companies use various interference actions. What does this mean? Who use a wide range of tactics and strategies (direct or indirect) that interfere with the establishment and application of tobacco control policies. Many times they are clear and easy to identify, but in most cases, they are not. That is why in this note, we tell you what are some of the interference strategies that can be observed in our country so that you do not believe it…

How does the industry interfere in our country?

Following the criteria of the Regional Interference Index, (a global survey that was supported by STOP and in which more than 20 Latin American NGOs participated), and reviewing national public databases, the following interference strategies were listed by part of the tobacco industry:

  1. Lobby: It is called in this way when members of the tobacco industry carry out permanent and sustained lobbying on national officials, by requesting meetings. This can be corroborated by checking the open database of the Single Audience Registry. Although the greatest lobbying activity is generally linked to tax pressure, the commercialization of “new products” in Argentina is also an issue that is brought up in conversations between senior staff of tobacco companies and national officials.
    Through the analysis of the databases of audience records, it can be seen that the representation of the two main tobacco companies operating in Argentina (British American Tobacco and Philip Morris International) doubled in recent years (2004 to date ); and from 2017 to date alone, 34 formal meetings were held between industry representatives and national government officials. In addition, these meetings were held more and more frequently: as of 2016, the time between meetings was shortened: from meeting every 7 and a half months; lobbyists and officials began to meet every 4 months.
    At the provincial level there are no open records on the officials’ agendas.
  2. Economic pressure. The industry asks to lower taxes under threat of putting at risk the future of the companies and the jobs that depend on them: executive positions of the tobacco companies and spokespersons of the industry claim for the “tax pressure”. In turn, provincial officials and national and provincial legislators put pressure on alleged delays in the transfer of resources through the Tobacco Fund, which in practice is a subsidy for tobacco production.
    56% of the hearings held between September 2016 and March 2022 in official offices to deal with issues related to tobacco, were motivated by the claim for marketing taxes or production subsidies.
  3. Conflict of interests. It is configured when representatives of the tobacco industry and/or public officials have personal interests that interfere when making decisions. In this sense, according to the Regional Interference Index, a very common practice is the “revolving door”. This term refers to when officials (current or retired) become part of the tobacco industry; or when former industry employees accept government positions (positions, of course, from which they have the power to regulate the sector in which they once worked).
  4. Unnecessary forms of interaction. Article 5.3 of the WHO Framework Convention on Tobacco Control, which constitutes a standard on the matter, defines the “necessary” interactions between the government and the tobacco industry: the interaction between the parties should take place only when and in to the extent strictly necessary to enable effective regulation of the tobacco industry and tobacco products. In this case, these interactions should be fully transparent and, as far as possible, carried out in public (such as public hearings). In addition, everything must be recorded in public records. All interactions between the tobacco industry and public bodies that do not respect these conditions, we call, by contrast, as unnecessary interactions.
    In this sense, in Argentina “alliances have been created to combat the illicit trade of tobacco products” and in this framework a public entity has emerged that has explicit links with the tobacco industries: the Civil Association of Anti-Piracy. This association assumed the spokesperson for the tobacco companies by raising before national authorities the “scourge of piracy” and “evasion in the cigarette sector and the taxability of new products”; allowing them to maintain interactions that we can classify as “unnecessary”.
  5. Promotion of the tobacco industry through “socially responsible” activities. It consists of influencing the public agenda through corporate social responsibility programs. Currently, the tobacco industry deploys eight programs in the country under this umbrella, a scheme that allows it to link economically with civil society entities and politically with provincial government leaders.
  6. Sabotaging legislative processes. Argentina still has not ratified the WHO Framework Convention for tobacco control through an act of Congress. A survey of the databases of the Chamber of Deputies and the Chamber of Senators of the Nation reveals that, from 2003 to the current legislative period, 33 bills were entered –15 in the Senate and 18 in the Deputies– postulating adhesion to the Framework Agreement, without any of them managing to reach the plenary.

What conclusions can we draw?

The data collected exposes the power that the tobacco industry has in our country, and how they can exert pressure so that tobacco control policies are slow in coming or ineffective. In addition, it must be added that all this is taking place in a context of pressure to be able to incorporate new tobacco and nicotine products into the market.

Although advertising plays a crucial role in the generation and maintenance of the smoking habit, and progress has been made in its regulation, only three Argentine provinces have a total ban. We need to be able to clearly identify how the tobacco industry interferes, preventing advances in regulations on the subject.

It is essential, for example, that Argentina ratify the Framework Agreement for Tobacco Control; since it proposes comprehensive strategies that allow working on health policies that make it possible to reduce the consumption of tobacco and nicotine. Implementing the measures of the Framework Convention and giving them time to produce results is the most effective approach to address this epidemic.

 

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Author

Lourdes Aparicio

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

This content is financially supported by the International Union Against Tuberculosis and Lung Disease (The Union) on behalf of STOP, a global tobacco industry monitoring initiative. The content is completely independent from an editorial point of view.

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Red Global Cedaw: experiences of construction of shadow reports by feminist social organizations

Last Tuesday, April 26, we participated in the third meeting of the CEDAW Global Network where we shared experiences on the preparation of shadow reports.

“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”.

All States that have signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) must submit periodic reports to its Committee to account for compliance with the international obligations assumed with their signature and accession. The civil society organizations of each country, depending on their experience and the work they carry out, can present a “shadow report”, a kind of alternative and complementary report to those presented by the States parties to account for the reality of women that they know first-hand, so that the Committee has the necessary tools to prepare the final recommendations.

In view of the relevance of the participation of organizations in this process, we were invited to participate in the meetings of the CEDAW Global Network, organized by Gloria Ramírez, Coordinator of the UNESCO Chair in Human Rights at UNAM. The objective of this Network is to create a space for convergence, dialogue and discussion around the experiences of elaboration and participation in the formation of CEDAW reports.

From our experience we present and share the process of preparing three reports for CEDAW, all in the framework of the 65th session of the Convention: Tobacco control in Argentina: pending tasks to protect women’s health; Gender violence and public communication policies and Access to natural resources of rural women in the Gran Chaco region of Argentina.

We heard contributions from both the UNESCO Chair in Human Rights at UNAM and civil society organizations from Ecuador, Guatemala, Uruguay and Colombia.

Throughout the meeting we shared experiences by country regarding the challenges of each region, as well as the implementation of the gender perspective in the different areas of the country. The possibility of collaboration agreements with the Chair was explored and we delved into the progress and challenges in reference to gender violence in each country.

In this framework, together with the Global Network and the organizations that make it up, we will continue working to support cooperation in monitoring the implementation of the commitments assumed by the States party to CEDAW, the preparation of shadow reports and the exploration and development of advocacy strategies to collaborate in the guarantee of the human rights of women and diversities and gender-based dissidence.

 

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Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org 

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We present new complaints for electronic cigarette advertising on social networks

After the lack of response to the claims made in 2019, we once again filed complaints with the Ministry of Health of the Nation, ANMAT and Defense of Consumers due to the illicit advertising of electronic cigarettes, carried out by the company Mig Vapor LLC in videos of musical artists broadcast through Youtube Argentina.

“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”.

On November 30, we filed a new claim with the Ministry of Health of the Nation for the illicit advertising deployed by the company Mig Vapor LLC in music video clips broadcast by the YouTube Argentina platform. The advertising contained in said videos consists of repeatedly showing artists consuming electronic cigarettes, constantly displaying the brand’s name in easily visible places, as well as providing a link in the description of the song that redirects to the brand’s website, where its products can be purchased without any type of control or impediment.

Since the Ministry of Health is the authority in charge of ensuring effective compliance with National Law No. 26,687 on Tobacco Control, we ask you to order YouTube, based on its status as an intermediary, to eliminate said audiovisual content produced in National territory. In addition, we ask that the links found in the description of the reported videos be removed and that redirect to the Mig Vapor LLC website. This claim consisted of a reiteration of the complaint made on October 2, 2019, due to the total lack of response from said body.

Likewise, on September 17, we presented an early dispatch to the National Administration of Medicines, Food and Medical Technology (ANMAT), because this entity has expressly prohibited the advertising of electronic cigarettes in Argentina. However, we still do not get a timely response.

Finally, and in order to exhaust the various possibilities of claim granted by the Argentine legal system, we file a complaint with the Defense of Consumers. The action deployed by Mig Vapor LLC is part of a case of covert advertising, which due to its characteristics violates the rights of consumers, including to receive adequate and truthful information, to be treated with dignity and to adequately protect their Health. To this end, innumerable bureaucratic obstacles had to be overcome that reveal the serious difficulties in access to justice, not only for Civil Society Organizations, but also for Argentine citizens.

Through our complaint, we demand that the Defense of Consumers be the one who reliably notify Youtube Argentina to arbitrate the necessary means to control that the content that is reproduced through its platform, respects the tweet rules of the people consumers, the rights of children and adolescents, as well as the entire existing Argentine regulatory framework on tobacco control.

Currently, the tobacco industry continues to deploy its marketing strategy and, together with influencers, social networks are the showcase they use to circumvent the legal regulations of our country, and thus achieve their main objective, which is to promote and advertise their products, mainly, in children and adolescents. That is why we consider it necessary that both the State and the social network companies take measures that, in an effective way, allow to protect the rights of the youngest, as well as to put a stop to the predatory practices of commercialization of the tobacco industry.

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Normative analysis: How is the new tobacco regulation in Córdoba?

Today, May 31, the World No Tobacco Day is celebrated. On the occasion of this date, we carry out an analysis of the latest law passed in Córdoba on the matter.

“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 October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health from two thematic nodes. On the one hand, it incorporates a complete prohibition of advertising, promotion, sponsorship and exhibition of tobacco, its derivatives and smoking accessories in dispensers and any other type of shelf located in the premises where such products are sold. On the other hand, it introduces electronic cigarettes and heated tobacco products, and establishes its prohibition of distribution and commercialization to minors under 18 years of age and the prohibition of consumption in closed places with access to the public. The new provincial legislation extends the threshold of protection of the right to health, in line with the recommendations of the World Health Organization and, mainly, with the standards established in the Framework Convention on Tobacco Control.

Until the enactment of the tobacco law No. 10,661, in the province of Córdoba, the prohibitions on advertising established by the national law 26,687 governed by the adherence of the provincial law No. 10,026. National law prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; leaving the advertisements at points of sale, the publications of companies in the sector and direct communications, with the consent and verification of the age of majority of the recipients.

However, through the new local regulations, progress is made in a higher standard of protection of the right to health than that established in the national standard, completely prohibiting advertising, promotion and sponsorship and including the display of the product as part of that prohibition.

In sum, in this report an analysis of Provincial Law 10,661 is made in relation to the two thematic nodes introduced, based on the delimitation of the scope of the new prohibitions in relation to the provisions of national legislation and international instruments in the matter (especially, the Framework Convention for Tobacco Control). At the same time, some of the possible challenges in the application of local law are recognized and possible advances aimed at deepening the protection of the right to health are seen.

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Author

  • Gonzalo Hunicken
  • Delfina María Scagliotti

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Analysis of regulations on tobacco advertising, promotion and sponsorship prohibition in Córdoba

In October 2019, in the province of Córdoba, Law 10,661 was passed, amending Law 9,113 establishing the Permanent Provincial Program for the Prevention and Control of Smoking in the province of Córdoba. This new legislation extends the threshold of protection of the right to health. We share an analysis of this last sanctioned law.

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LETTER TO THE INTENDENT MARTÍN LLARYORA: We need policies that address the problems of our city

Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to human rights.

“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”.

Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.

The ten points are summarized in:

  1. Environmental and health emergency in the Chacras de la Merced neighborhood
  2. Solid Urban Waste
  3. Urban Planning and Development
  4. Gender parity in the cabinet
  5. Trans labor inclusion and quota law
  6. Access to Legal Disruption of Pregnancy in Primary Care Centers
  7. Application of the Micaela law
  8. Access to public information
  9. Healthy school environments
  10. Smoke-free environments and protection of the non-smoker

These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.

Access the full letter

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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Córdoba approves the complete ban on advertising of tobacco products

On October 9, the Cordoba Legislature passed Law 10,661 that modifies Law No. 9113 of the Permanent Provincial Program for the Prevention and Control of Smoking. The modification includes the complete ban on advertising, promotion and sponsorship of tobacco products, including the display of products; and also provides for the prohibition of commercialization and use in public places of electronic cigarettes and similar devices.

“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”

Until the enactment of tobacco law No. 10,661, in the province of Córdoba, the prohibitions on advertising established by national law 26.6887 governed by adhesion of provincial law No. 10.026. National law prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; leaving the advertisements at points of sale, the publications of companies in the sector and direct communications safe, with the prior consent and verification of the age of majority of the recipients.

However, through the new local regulations, progress is made in a higher standard of protection of the right to health than the one established in the national norm, completely prohibiting advertising, promotion and sponsorship and including the display of the product as part of that prohibition. Specifically, the law prohibits:

“The advertising, promotion, sponsorship and exhibition of products made with tobacco, its derivatives and accessories for smoking, in dispensers and any other kind of shelving located in the premises where such products are sold, and the sponsorship, sponsorship and use of direct or indirect incentives that encourage the purchase or that offer promotional discounts, delivery of gifts and prizes in money or species for the acquisition or consumption of the products and elements mentioned in this Law ”.

As for electronic devices, the standard prohibits “throughout the scope of the Province of Córdoba the distribution and marketing of products intended for smoking, as well as electronic devices with tobacco or any other substance that emits smoke, gases or vapors using the electronic cigarette, vapers and all other devices of a similar nature, to all persons under eighteen years of age ”.

From Fundeps, more than two years ago, we presented a bill with this initiative, in line with the recommendation of the World Health Organization. We rely on surveys that we carry out together with the Tobacco Smoke Free Alliance (ALIAR) that show that, in recent years, the points of sale include striking, colorful and visible advertising from outside these spaces. These strategies are more frequent at points of sale near schools. In this context, it is not surprising that more than half of the people who smoke start their consumption between 12 and 15 years.

We welcome this breakthrough which means a breakthrough, now we have to work for the proper implementation and supervision of these regulations. Our work as a civil society will continue to accompany this process and continue to demand that the highest levels of protection of the right to health be guaranteed.

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Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The electronic cigarette, a harmful trend in social networks

On October 2 we filed complaints with the Ministry of Health of the Nation and the ANMAT (National Administration of Medicines, Food and Technology) denouncing the advertisements that MigVapor, an electronic cigarette company, has been making through music videos of different artists -influencers-. In Argentina, the advertising and marketing of electronic cigarettes is prohibited.

“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”.

On October 2, we filed complaints with the Secretary of Government of Health of the Nation and ANMAT, requesting the elimination of music videos that advertise and promote the use of electronic cigarettes and that are hosted on the YouTube platform. Additionally, we ask that the links found in the descriptions of the videos and that redirect to the website to acquire them be removed.

Electronic cigarettes constitute a real threat to public health throughout the world and their consumption is constantly increasing even in those countries where tobacco consumption had been eradicated. The eCig generally works with a battery coil that heats a liquid solution composed of nicotine, essential tobacco oils, flavoring and flavoring substances and other chemical substances, which are inhaled by the user. These levels of nicotine concentration in the solutions can vary according to the product but the negative impact on health is the same.

The industry spends millions of dollars annually to market its products through various advertising, promotion and sponsorship actions. For some time now and with the increase in the use of the internet and social networks, an important focus of marketing campaigns has been the use of young influencers, who through various types of publications have the possibility of influencing opinion and behavior of thousands of people.

This has been the strategy employed by MigVapor LLC, which for some time now uses different artists from the music industry to promote their products, through the appearance of several models of electronic cigarettes being used by the artists, the Visible brand name and in the descriptions of the videos, a redirect link to the website where they can be purchased and in some cases, including, including promotional discounts.

We have found this advertising in the following music videos, available for viewing on the YouTube platform of Argentina:

The advertising contained in the music videos, with images that seduce young people and with strong intentions to influence the consumption of tobacco, its derivatives and associated products, with the referral to a specific link to acquire the product, located in the description of the video, undermines the fundamental right to health guaranteed by constitutional norms and international treaties with a constitutional hierarchy and violates the resolution of ANMAT 3226/11 and the law 26.687 on the regulation of advertising, promotion and consumption of tobacco products , in addition to violating the right of consumers regarding prevention information that is unclear or non-existent regarding the consequences and impact on health due to the use of eCig.

It is necessary to design new public policies aimed at strengthening compliance with current regulations and actions that meet the new challenges generated by advances in technology and constant innovations for the dissemination and promotion of this type of products and to raise awareness to the population about the risks of their consumption.

 

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Author

Ana Carla Barrera Vitali

Contact

Agustina Mozzoni agustinamozzoni@fundeps.org

 

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The law in the face of health challenges in Latin America

On Wednesday, April 10, we carried out the conference “The right to face the health challenges in Latin America” at the Bar Association of the Province of Córdoba.

“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 event was coordinated by Dr. Viviana Perracini, Director of the School’s Right to Health Room. Dr. Claudia Zalazar, President of the Chamber of Right to Health of the Institute of Research in Legal Sciences of the Blas Pascal University, spoke on “The role of the courts in the realization and enjoyment of the right to health, experiences.”

Then, we have the participation of an international guest, Oscar Cabrera, Director of the Healthy Families Program of the O’Neill Institute at Georgetown University. His presentation revolved around the law as a fundamental tool to solve health problems

Finally, our Executive Director, Juan Carballo, developed the interrelation between the international and the local level in health regulation.  

We appreciate the support given by the Bar Association, the O’Neill Institute and the Social Rights Research Group (GIDES) to carry out this event.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
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At the Cosquin Rock violates the regulations on tobacco advertising

In a survey conducted by FUNDEPS and ALIAR in the well-known music festival “Cosquín Rock”, actions were detected that violate the national and provincial regulations on the advertising of tobacco products.

“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 Argentina, the National Law N ° 26.687 prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; but it contemplates exceptions such as the interior of the points of sale and direct communications to persons over 18 years of age, when their prior consent has been obtained and their age has been verified. The province of Córdoba adhered to the national law through Law No. 10026.

Despite these restrictions, the industry continues to promote tobacco products, with strategies that target adolescents and young people. You can notice, for example, its presence in music shows and night parties, events where the young audience predominates.

In the Cosquín Rock, developed on 9 and 10 February, different tactics could be identified. On the one hand, a large number of promoters and promoters, young people with homogeneous clothing who carried a hanging tray with a fixed and bright advertising, and displayed cigarettes. This gave them a massive visibility throughout the property.

On the other hand, their consumption was encouraged through a special promotion: buying cigarette box packages allowed access to beer at a lower cost than the sale at the authorized premises. In addition, buying beer from those who sold cigarettes avoided the long wait to pay for it at other points of sale.

The brand that was advertised was Rothmans, belonging to the group BAT (British American Tobacco) and cigarettes were flavored, a mechanism that clearly tries to attract new consumers and consumers, seeking to associate tobacco with known flavors. The age of the people who attended was not controlled, so children were also exposed to these strategies.

This type of practice is prohibited according to the law n ° 26.687 and specifically according to the provisions of the regulatory decree n ° 602/13 that expressly contemplates the prohibition of advertising in spaces for public use and promotional discounts.

From FUNDEPS and as members of the Free Alliance of Smoke of Argentina (ALIAR) we denounce this situation before the Secretary of Government of Health of the Nation.

In this context, it is urgent to make progress in regulations that completely prohibit the advertising, promotion and sponsorship of tobacco products, as recognized by prestigious public health institutions and the Framework Convention on Tobacco Control, a public health agreement ratified by 181 countries of which Argentina is not a part.

The cigarette promotion at Cosquín Rock responds to a series of strategies aimed at young people. Allowing this type of advertising in musical events and night parties involves continuing to strengthen the idea of ​​cigarettes as a product linked to fun, independence, rebellion, freedom … ignoring its addictive and deadly nature. Even today, tobacco remains the leading cause of preventable death in Argentina.

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Advertising actions of the tobacco companies on websites and events | FIC Argentina

Author

Julieta Segura

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The tobacco companies lose a battle: Tierra del Fuego can display cigarettes in kiosks

The province of Tierra del Fuego regulated the law nº 1203 of control of smoking, sanctioned on December 15, 2017. The regulations are called to be the highest national standard because, besides incorporating the complete prohibition of advertising, promotion and sponsorship of tobacco, expressly contemplates the prohibition of product exhibition.

National Law No. 26,687 meant the end of campaigns, commercials, sporting events and fashion shows sponsored by cigarette brands; by restricting advertising, promotions and sponsorships only to advertisements at points of sale, publications of companies in the sector and direct communications, with prior consent and verification of the age of majority of the recipients.

However, the tobacco industry knows how to take advantage of the existing legal vacuum: it is responsible for complying with advertising requirements, but it allocates a large part of its resources to the exhibition of tobacco products, making this one of its main marketing strategies. In terms of visibility and brand promotion, the effect achieved is as powerful as that of advertising.

Several provinces of our country have also advanced with regulations that establish a broad ban on tobacco advertising, examples of which are Santa Fe, Neuquén, San Luis, Santa Cruz and La Pampa. However, Tierra del Fuego is the first case in which there is expressly a ban on the exhibition of tobacco products, which constitutes a significant and novel advance in terms of health protection, especially for children and young people.

Thus, article 4 defines what should be understood by exhibition, saying that it is: “any form of exhibition of products and by-products made with tobacco that allows its visibility”. Subsequently, in its article 17 the regulations refer specifically to the exhibition of tobacco products in points of sale stating that: “Commercial premises where products provided by this law are sold, may place signs inside (…) provided that they are not seen directly or indirectly from the outside, nor contain colors, logos, isotypes or any other design that allows to identify the commercial brands of the products or their production companies “. In turn, the provisions that establish the prohibition of exhibition in places of mass competition (Article 11), as well as the one that prohibits the direct or indirect exhibition of tobacco products “through any means of dissemination or communication, deserve special attention. , recommendation or commercial action in order to directly or indirectly promote the product or its use “(Art.16).

We believe it is essential to establish a ban on advertising and promotion of tobacco products, without exceptions. According to studies carried out by WHO, the elimination of any form of advertising, promotion and sponsorship, including the exhibition of tobacco products, is one of the most effective measures to prevent consumption.

In this same sense, the Committee on Economic, Social and Cultural Rights (ESC rights) has expressed itself, expressing to Argentina its great concern about the precarious regulation of advertising campaigns of tobacco companies. That is why, as he did in 2011, he reiterated to the State the need to ratify the WHO Framework Convention on Tobacco Control and adjust the internal regulations on advertising of tobacco products to the standards established therein; the increase in taxes to levels that have a deterrent effect on tobacco consumption and the adoption of information measures on the negative impact of tobacco on health, emphasizing the need to protect young people and children.

Author

Maga Merlo Vijarra

Contact

Agustina Mozzoni,  agustinamozzoni@fundeps.org

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The Ministry of Health of the Nation promotes the ratification of the Framework Convention on Tobacco Control

From the Ministry of Health of the Nation developed an action plan that includes representatives of different sectors, in order to push the ratification of the Framework Convention on Tobacco Control (FCTC) by the Argentine State, an international health treaty public with members from 180 countries and that Argentina has not yet ratified.

“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”.

On April 24, a new meeting of the National Commission for the Coordination of Tobacco Control took place. The event was attended by representatives of about 40 organizations that include government agencies, NGOs, scientific societies, among others.

Among the conclusions of this first event, the following stand out:

  • A national law is not enough, the ratification of the (FCTC) provides tools, measures and mechanisms of international cooperation that can not be replaced by national policies: the protection of small producers, the interference of industry and illegal trade, for example , can not be fully covered by national legislation. If we do not ratify the FCTC, Argentina is left out of the international assistance provided by the FCTC to its members and we are damaging with other countries in the region.
  • The FCTC is not against small producers, on the contrary, articles 17 and 18 of the agreement focus on protecting small producers in the diversification of their crops. The ratification has a gradual implementation of its measures in order to protect small producers. In addition, the example of other countries that ratified is that there was no impact on the cultivation of tobacco.
  • It was recalled that before the international community, ratification facilitates the entry of Argentina into the Organization for Economic Cooperation and Development (OECD). This claim does not come only from public health institutions.

For several years, several monitoring bodies of international human rights treaties have been recommending that the Argentine State ratify this treaty. Indeed, the Committee for the Elimination of All Forms of Discrimination against Women (CEDAW), the Committee for the Rights of the Child (CRC) and the Committee on Economic, Social and Cultural Rights (CESCR) have emphasized that for the adequate protection of the right to health in general and in particular of populations such as women, children and girls, Argentina should ratify the FCTC.

Together with other civil society organizations, such as FIC Argentina, we present shadow reports to these human rights committees. As examples, the CESCR recommended “the State party to ratify and implement the WHO Framework Convention on Tobacco Control”. For its part, CEDAW expressed concern about the “high tobacco consumption among girls compared to boys”. By virtue of this, It recommended to Argentina “ratify the Framework Agreement of the World Health Organization for Tobacco Control”.

As part of this action plan, a Declaration was sent from FUNDEPS, the creation of an executive committee and the holding of periodic meetings is foreseen. In this sense it is valid to clarify that Senator Silvina García Larraburu presented a bill before the Congress that seeks to ratify the Convention.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>