TOBACCO EPIDEMIC and WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL. MAIN MANDATES AND ADVANCES IN THE AMERICAS REGION Dr. Adriana Blanco Regional Advisor Tobacco Control PAHO/WHO REGIONAL SEMINAR PRICE, TAXES AND ILLICIT TRADE OF TOBACCO PRODUCTS MANDATES OF THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL PANAMA CITY, JULY 10 th to 12 th, 2012

WHO FCTC First treaty negotiated under the auspices of WHO; International legally binding instrument; Adopted unanimously by World Health Assemble in May 2003; Entry into force: February 2005; Currently 176 Parties *; Governing body: Conference of the Parties.

29 Parties 6 Non Parties North America: USA South Cone: Argentina Caribbean: Cuba Haití Dominican Republic Central America: El Salvador

WHO FCTC CONTENTS Core demand reduction provisions: o Price and tax measures to reduce the demand for tobacco (Art. 6); o Non-price measures to reduce the demand for tobacco, namely: Protection from exposure to tobacco smoke (Art. 8); Regulation of the contents of tobacco products (Art. 9); Regulation of tobacco product disclosures (Art. 10); Packaging and labelling of tobacco products (Art. 11); Education, communication, training and public awareness (Art. 12); Tobacco advertising, promotion and sponsorship (Art.13); Demand reduction measures concerning tobacco dependence and cessation (Art.14).

WHO FCTC CONTENTS (cont.) The core supply reduction provisions: o Illicit trade in tobacco products (Art. 15); o Sales to and by minors (Art. 16); o Provision of support for economically viable alternative activities (Art. 17 & 18).

WHO FCTC RELATED INSTRUMENTS Art 7 request COP to develop guidelines for the implementation of the demand reduction measures: o Art 6 – draft will be presented to COP 5 for adoption; o Art 8 to 14 approved by COP 2 to 4; COP 2 requested for the development of a Protocol on Illicit Trade o Draft will be presented to COP 5 for adoption

ARTICLE 8 Protection from exposure to tobacco smoke Exposure to tobacco smoke causes death, disease and disability. Each Party shall adopt and implement in areas of existing national jurisdiction as determined by national law and actively promote at other jurisdictional levels the adoption and implementation of effective legislative, executive, administrative and/or other measures, providing for protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

PRINCIPLES: 1.Total ban to smoke in enclosed areas. 2.All workplaces and all public places 3.By law. Voluntary agreement does not work. 4.Plans and resource allocation for the implementation 5.Important role of Civil Society to help implementation and enforcement 6.Enforcement control 7.Strengthen or update legislation according to new evidence. GUIDELINES OF THE CONFERENCE OF THE PARTIES (COP) FOR THE IMPLEMENTATION OF ART. 8: /

SMOKE-FREE ENVIRONMENTS Uruguay (2005/2008) Panama (2008) Canada (2008) Guatemala (2008) Colombia (2008/2009) Trinidad y Tobago (2009) Peru (2010) Honduras (2010) Barbados (2010) Venezuela (2011) Argentina (2011)* Ecuador (2011) Brazil (2011)* Costa Rica (2012) No data available All indoor public places and workplaces completely smoke-free (or at least 90% of the population covered by complete sub-national smoke-free legislation) Same definition as above but regulation and/ or implementation is pending Six to seven types of indoor public places and workplaces completely smoke-free Three to five types of indoor public places and workplaces completely smoke-free Up to two types of indoor public places and workplaces completely smoke-free

ARTICLE 11: PACKAGING AND LABELLING OF TOBACCO PRODUCTS Ban on misleading descriptors Health warnings, ideally with pictures, no less than 50% of principal surfaces. Qualitative description of contents and emissions Dead line for compliance: three years from the entrance into force of the WHO FCTC for each Party.

11 GUIDELINES FOR THE IMPLEMENTATION OF ART /  Main recommendations:  SIZE 30% (ideally not less than 50%) of principal surfaces;  CONTENT: text and images;  CHARACTERISTICS: rotation, approved by the national health authorities, emotionally strong;  Qualitative description of contents and emissions;  BAN of misleading descriptors.

Large Warning (average of at least 50% on front and back) of package with all appropriate characteristics.* Same definition as above but regulation and/ or implementation is pending Medium size warning (average of front and back of package between 30% and 49%) with all appropriate characteristic* of large warnings (average of at lest 50% on front and back) missing one appropriate characteristics*. Medium size warning (average of front and back between 30% and 49%) missing four or more appropriate characteristics*. No warning or small warning (average of front and back of package is less than 30%). HEALTH WARNINGS - AMERICAS

Not classified Large Warning (average of at least 50% on front and back) of package with all appropriate characteristics.* Same definition as above but regulation and/ or implementation is pending Medium size warning (average of front and back of package between 30% and 49%) with all appropriate characteristic* of large warnings (average of at lest 50% on front and back) missing one appropriate characteristic*. Medium size warning (average of front and back between 30% and 49%) missing four or more appropriate characteristics*. No warning or small warning (average of front and back of package is less than 30%). HEALTH WARNINGS - AMERICAS Antigua and Barbuda Bahamas Brabados Dominica Grenada Saint Kitts and Nevis Saint Lucia Saint Vincent and Grenadines Trinidad and Tobago

ARTICLE 13: BAN ON TOBACCO ADVERTISING, PROMOTION AND SPONSORSHIP –TAPS- Each Party shall: within the period of five years after entry into force of this Convention for that Party, in accordance with its constitution or constitutional principles, undertake a comprehensive ban of all tobacco advertising, promotion and sponsorship, including cross-border advertising, promotion and sponsorship originating from its territory.

GUIDELINES FOR ART Principles: o Comprehensive ban of all TAPS o Including all media, all time, all population o Including cross-borde r activities o Taking into account other means of TAPS: Product display at point of sales Package itself Internet Brand sharing and brand stretching Social Corporative Responsibility activities.

REGIONAL STATUS: TOTAL BAN PANAMA COLOMBIA COMPREHENSIVE BANS CANADA BRAZIL CHILE VENEZUELA URUGUAY MEXICO ECUADOR ARGENTINA (*)

PLAIN PACKAGING Based on Art 11 and Art 13 of WHO FCTC Current situation : Australia UK : public hearings Response from the tobacco industry: Legal challenges: P. Morris Hong Kong World Trade Organization

ARTICLE 5.3 PROTECTION OF PUBLIC HEALTH POLICIES WITH RESPECT TO TOBACCO CONTROL FROM COMMERCIAL AND OTHER VESTED INTERESTS OF THE TOBACCO INDUSTRY. In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law

GUIDELINES FOR THE IMPLEMENTATION OF ART. 5.3 PROTECTION FROM TOBACCO INDUSTRY INTERFERENCE Principle 1: There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests. Principle 2: Parties, when dealing with the tobacco industry or those working to further its interests, should be accountable and transparent

Principle 3: Parties should require the tobacco industry and those working to further its interests to operate and act in a manner that is accountable and transparent. Principle 4: Because their products are lethal, the tobacco industry should not be granted incentives to establish or run their businesses

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