+

Enforce TAPS Ban

FCTC Leadership Training

11
Nove
mber
2011
"The problem is how do you sell
death?
How do you sell a poison that kills
1,000 people a day?
You do it with the great open spaces ...
the mountains, the open places, the lakes coming up to the
shore , with healthy young people , with athletes.
How could a whiff of a cigarette be of any harm in a situation
like that?

--F. Gallagher, Tobacco Marketing Manager for Tobacco

Companies
+
Evidence: Tobacco Advertising Works

 Vast majority of peer-reviewed

studies conclude that tobacco
advertising leads to an increase
in tobacco consumption

 Exposure to tobacco advertising

Influences adolescent smoking
+
Quotable Quote
Today’s teenager is tomorrow’s
potential regular customer.
Philip Morris Memo, 1981
 Evidence
• Advertising and promotion (A/P) likely do increase
smoking, including encouraging experimentation by
kids.

 A complete ban on A/P would be expected to decrease

smoking by about 7%. [Saffer and Chaloupka, Journal
of Health Economics, 2000]
+
Evidence: Advertising Bans Work

 Study of four countries that instituted

advertising bans as part of comprehensive
tobacco control policy (Finland, France, New
Zealand, and Norway):
 Per capita consumption of cigarettes dropped 14–
37% after implementation of the ban
 Smoking prevalence among young people declined
in three of the four countries, and it remained stable
in the fourth
+
Advertising Bans Work

 The World Health

Organization and World
Bank both recommend that
countries prohibit all forms
of tobacco advertising and
promotion
 It is estimated that, if
adopted globally, such bans
could reduce worldwide
demand for tobacco
products by 7%

Image source: The World Bank.

+
Tobacco Industry Arguments
Against TAPS Bans

“Advertising firms and the media will lose money; it

will hurt the economy”
Hong Kong: tobacco advertising ban in 1990
Two main television stations’ advertising revenue up by
500% by 1996
Thailand: total advertising ban in 1992
Advertising spending up 42% between 1993 and 1995
+
Partial Advertising Bans

 Partial
advertising bans have
been compared to squeezing
a balloon
 Banning one form of tobacco
advertising will lead to an
increase in another form of
advertising
+
Partial Bans

 A 2000 study (102 countries) found that partial

bans were ineffective in reducing tobacco
consumption
 Per capita cigarette consumption in countries
with comprehensive bans declined ~8%
 In other countries, decline was only 1%

Source: Saffer, H. and Chaloupka, F. (2000).

+
FCTC Art 13 &
Guidelines
+
FCTC Article 13: TAPS

 FCTC requires all parties to implement total ban on tobacco

advertising, promotion, and sponsorship within five years of
ratifying the treaty
 Includes cross-border advertising originating in a party’s
territory; gives party right to ban cross-border advertising
entering territory
 Definitions are broad, include direct and indirect
 Exception for countries with constitutional constraints
+
Tobacco Advertising and Promotion

DEFINITION
“. . . any form of commercial communication, recommendation
or action with the aim, effect or likely effect of promoting a
tobacco product or tobacco use either directly or indirectly . . .”
— Article 1 of the FCTC

Source: World Health Organization. (2003)

+
Tobacco Sponsorship
DEFINITION
“. . . any form of contribution to any event, activity or individual with the aim, effect or
likely effect of promoting a tobacco product or tobacco use either directly or indirectly . . .”
— Article 1 of the FCTC

Source: World Health Organization. (2003)

+
FCTC ART 13.4

MINIMUM REQUIREMENT
 BanTAPS that promote by means that are false,
misleading, deceptive about characteristics, health
hazards or emissions
 Mandate Health Warnings
 Require disclosure of TAPS
+
FCTC ART 13 Guidelines
 Comprehensive Ad Ban
 Scope of Ad Ban
 Special Rules:
 RETAIL DISPLAY
 PACKAGE & PRODUCT DESIGN
 INTERNET SALES
 BRAND SHARING
 CSR
 LEGITIMATE EXPRESSION
 DEPICTIONS ( FILMS)
 TRADE COMMUNICATION
+
Comprehensive
ADBAN covers
 ALL TAPS of product and use, direct or indirect,
 Withaim, effect or likely effect of promoting a
tobacco product or tobacco use directly or indirectly
 Contribution of any kind to anyone
 Traditional
media and new technologies ( mobile
phone, games)
 corporate promotion
+
Scope of Ad Ban
Art 13 Guideline

 Quad Media: TV Radio Print Web

 Direct Mail, telemarketing
 POS

 Competitions associated with tobacco products

 Brand stretching /sharing
+
Scope of Ad Ban
Art 13 Guideline

 Promotional gifts
 Toys or sweets that resemble tobacco product
 Product Placement
 Sampling

 Incentive Promotions ( discount, coupon, lottery)

 Product Packaging & Design
+
Scope of Ad Ban
Art 13 Guideline

 Support or “sponsorship” for any event or

persons incl CSR
 Retailer incentives

 Display allowance
 Support to venue ( clubs), use of awnings
 Brand Marking ( eg color on van)
 Other forms of TAPS
+
+
Retail Display
constitutes advertising, must be banned

Image source: Campaign for Tobacco-Free Kids. Permission Granted for Educational Use.
+
Packaging should carry no advertising
With Promotion

Image source: Simpson, D. (2002).

+ Product Package & Design:
Ban Misleading Terms Colors, Image, etc

Smooth flavor Full flavor

Fine flavor
+ Targeting girls/young women
+
Plain packaging
+
Plain Packaging

Plain packaging regulations would

standardize the appearance of
tobacco packages. Distinctive
colours, logos, and other elements of
brand imagery would be prohibited.
All packages would feature the same
color, size and type of font.

The name of the brand would

remain, as would government
mandated health warnings.
+
Plain Packaging
+
Internet sales
inherently involve advertising & promo

Image source: Regueira, G.

+
Brand Stretching

Image source: Mackay, J.

+
Contributions: CSR
+
Legitimate Expression

 PREVENT use of Journalistic, Artistic or Academic

expression to PROMOTE tobacco products
+
Depiction in Media

 Certifythat no benefit was received for tobacco

depiction
 Implement Classification/Rating system
+
Communication in Tobacco
Trade
Eg newsletters for tobacco traders or
dealers
Strictly limit the circulation
Exclusively for employees, suppliers and
business partners
+
Responsible Entities

Share of responsibility depends on the role but primary

responsibility on the INITIATOR: Tobacco Industry
Recommendations:
 Produceror publisher ( ad agency, etc) banned from
incl TAPS
 Media/eventorganizers, celebrities, personalities
banned from engaging in TAPS
 Internet
Servers, telecoms, etc should disable access
to TAPS
+
ENFORCEMENT

 Removal of TAPS
 Publish decisions against TAPS
 Fund Counter-Advertising
 IncludeBan/Restriction in the criteria for
granting, renewing license
 Designate an independent authority to monitor
 Encourage public to report violations
+
RA 9211
TAPS Ban
+
AD Ban: Mass Media
 Sec 22 Beginning 1 July 2008, all
forms of tobacco advertising in mass media shall
be prohibited except tobacco advertisements
placed inside the premises of point-of sale
establishments. (partial ban only)
 Non-compliance with the ban on advertisements;
restrictions on tobacco promotions; and ban on
naming rights under Sections 22 to 24 of the Act
is considered a punishable act.
Blatant Violation
Either as Promo Item or Outdoor Ad
+
+
+Outdoor AD
Not anywhere INSIDE a Point of Sale
Not even a Point of Sale
Not a poster or leaflet or
similar outdoor ad
+
Enforcement Issues
 No systematic
monitoring by the
government of
Ads, Promotional
Items & Activities
 Tobacco Industry
representative’s
Interference in
LGU enforcement
+ Petition for Declaratory Relief
filed by Tobacco Industry

Fortune vs. IACT, filed in Marikina Court

Scope of Exemption
Sec 22c: Beginning 1 July 2007,
all cinema and outdoor
advertising shall be prohibited.
No leaflets, posters and similar
outdoor advertising materials
may be posted, except inside
the premises of point-of-sale
retail establishments.
Marikina RTC Ruling

 Upheld Fortune Tobacco:

 SEC1.18 of the Implementing Rules and Regulations
of RA 9211
1.18. “Premises”- refers to a tract of land and
the building or buildings thereon, including
the open spaces between the buildings on the
same tract of land and within the perimeter
of the said tract of land.”
Motion for Reconsideration submitted by
IACT (OSG):
 an IRR cannot rise above the law or statute it
seeks to implement
 Ejusdem Generis Rule -
“No leaflets, posters and similar outdoor
advertising materials may be posted except
inside the premises of Points of Sale Retail
establishment”,
similar outdoor advertising materials that may be
placed “inside the premises” must belong to the
same class as leaflets, posters and similar
materials.
+
RESPONSE: STUDENTS intervene in
COURT case
[Link]
+ PUBLIC HEALTH & MEDICAL
ORGANIZATIONS show full support

•WHO, Dept of Health,

•Phil Medical Association
•Phil Cancer Society
•All others
MESSAGE:
LAW IS CLEAR
+
Decision is not final and executory,
LGUs can take action
>Zamboanga Sibugay: Tungawan (2013) RT Lim (2013),
Titay (2014), Siay (2014)Imelda (2015) Naga (2016)
Diplahan (2015) Buug (2016), Ipil (2018), Kabasalan
(2107)
 ZDN: Dipolog (2011), Labason (2014)Sibutad
(2016)Manukan (2016), Dapitan (2107), Katipunan
(2018), Pinan (2017), Jose Dalman (2017),
 ZDS: Dumingag (2011), Margosatubig (2014), Aurora
(2014), Molave (2011)Tambulig (2016), Lapuyan (2017),
Dumalinao (2017), Labangan (2018)
+
LG UNITS THAT HAVE TAKEN
ACTION

ZDS: Dumingag (2011), Molave (2011),

Margosatubig (2014), Aurora (2014), RM
(2014), Tambulig (2016), Lapuyan (2017),
Dumalinao (2017), Labangan (2018), Tukuran
(2017), (2016)
LOCAL EXPERIENCE
+

Implement compliance to existing

Advertising Bans, and likewise
Access Restrictions where
advertisement cannot be allowed
+

Work to legislate and implement

ban on advertisement inside
point-of-sale

Apply counter-advertising
whenever possible
 Introduce and apply
effective, proportionate
and dissuasive
PENALTIES.

Designate a competent,
independent AUTHORITY to
monitor and enforce the law
and entrust it with the
necessary powers and
resources.

CIVIL SOCIETY should be involved in the monitoring and enforcement of the law and
have access to justice. It can also serve as a catalyst in expressing public outrage or
opposition to any form of promotion of tobacco.

Promote and strengthen, in all sectors of society, PUBLIC AWARENESS of the need
to eliminate TAPS, the laws against it, and the ways in which members of the public
can act on breaches of these laws.
 Opportunities for Local Gov:
+ 1. Remove TAPS (Ra9211) & Publicize

2. Local Ordinance for Comprehensive TAPS

Image source: Alam, S.M.
+
SPONSORSHIPS/
PROMOTIONS
+ SPONSORSHIP &
PROMOTIONS LAW

• Tobacco Sponsorship of Arts

Culture Sports & Concerts is not
allowed
• Promotions must be limited to
Points of Sale and events where
participants are >18yrs old
+
Sponsorship
"Sponsorship" - refers to any public or private
contribution to a third party in relation to an
event, team or activity made with the aim of
promoting a brand of tobacco product, which
event, team or activity would still exist or occur
without such contribution. For the purpose of
this Act, sponsorship shall be understood as
tobacco sponsorship;
 Sponsorship Ban*
+
(S 26)
 Arts

 Culture

 Concert

( includes Artists & Performers)

 Sports

( includes Athletes)
*involves the advertisement or promotion of any
tobacco company, tobacco product or tobacco use,
logo, trademark, etc

*Beginning July 1, 2008

+ PROMOTIONS

SEC 4L. refers to an event or activity organized by or on

behalf of a tobacco manufacturer, distributor or retailer with
the aim of promoting a brand of tobacco product, which
event or activity would not occur but for the support given
to it by or on behalf of the tobacco manufacturer's name,
trademark, logo, etc. on non-tobacco products. This
includes the paid use of tobacco products bearing the brand
names, trade names, logos, etc. in movies, television and
other forms of entertainment.
+
PROMOTIONS: Display & Booths
 Sec23 c All stalls, booths and other display
concerning tobacco promotions must be limited
to point-of-sale of adult only facilities.
+
WINSTON tissue holders - Brgy. Kapitolyo
+
Restaurants in Pasig
+
Promotion: Clothing

 Sec23g & IRR Clothing items with the name, logo

or other indicia of a brand of a tobacco product may
be allowed: Provided, That said name, logo or other
indicia is not visible to others when the clothing
item is worn: Provided further, That said clothing
items are in adult sizes only.

( ie Clothing NOT ALLOWED except hidden tag says

Marlboro)
Sold at 168 Mall
 Logo must not be
visible when worn
+
PROMOTION: Toys & Food

 Sec 23h No name, logo, or other indicia of a

brand of a tobacco product or element of a
brand-related marketing activity, may appear
on items that are marketed to or likely to be
used by minors such as, but not limited to,
sports equipment, toys, dolls, miniature
replicas of racing vehicles, video games, and
food.
+

Targetting
Minors

Toys & kid stuff

+
PROMOTION: Toys & Food

The manufacturer or company must

take all available measures to prevent
third parties from using the company’s
brand names, logos, or other
proprietary material on products that
are directed toward minors.
+
Keys to Enforcement
+
Penalties for TAPS Violation
(RA 9211)
 1stOffense: Fine of not more than (Php 100k) or
imprisonment of not more than one (1) year, or both..
 2nd
Offense: Fine of (Php 200k) or imprisonment of not
more than two (2) years, or both..
 3rdOffense: In addition to a fine of (Php 400k) or
imprisonment of not more than three (3) years, or both,
the business permits or licenses shall be revoked or
cancelled.
+
Keys to enforcement

 Monitor
 Report
 Include compliance in
issuance of permits
 Encourage LGUs to take
action and publicize
 Support Comprehensive Ad
Ban
+
Summary

 Direct and indirect tobacco advertising,

promotions, and sponsorship are the vehicle for
spreading the global tobacco pandemic
 An advertising ban in the law is worthless—
unless it is enforced
 Partial tobacco advertising bans don’t work;
tobacco advertising bans need to be
comprehensive to be effective
+ Thank you!