Tag Archive for: Tobacco Control

LET’S NOT STAY OUT.

Argentina is the only Mercosur country that has not ratified the Framework Convention for Tobacco Control, despite having one of the highest addiction prevalence rates in the region. This infographic explains what tools this treaty would provide us in the fight against smoking and why its ratification is urgent.

THE CIGARETTE LEAVES US WITHOUT VOICE OR VOTE.

Argentina does not participate in global decision-making spaces on tobacco control, despite having one of the highest addiction prevalence rates. This infographic brings together data that supports the importance of advancing the ratification of the Framework Convention on Tobacco Control of the World Health Organization (WHO).

This document systematizes the reasons why Argentina must ratify the WHO Framework Convention on Tobacco Control to strengthen health protection standards.

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!

 

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Author

Maga Merlo

Contact

Maga Merlo, magamerlov@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.

 

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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.

 

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Authors

Gaetano Vaggione 

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

The tobacco industry continues to meddle in public policy. Argentina still has not ratified the Framework Convention on Tobacco Control. Civil Society Organizations issued a Public Declaration warning about the importance of guaranteeing non-interference by the tobacco industry in health decisions.

“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”.

From civil society organizations, through the signing of a declaration, we request the non-intervention of the tobacco industry in the design and execution of public health policies -among them the advance with the complete prohibition of promotion, advertising and sponsorship of tobacco products-and the ratification of the FCTC, understanding that said treaty grants the States key tools in the fight against smoking.

There is a fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of public health; because it produces and promotes products whose harmful consequences have been amply demonstrated by scientific evidence.

For more than 80 years, the industry has been deploying its strategies to interfere in the establishment and application of tobacco control policies. These tactics, which seek to promote tobacco use, are targeting increasingly younger populations, and existing regulations are often ineffective in dealing with them.

All of this occurs within a framework that seeks to incorporate new tobacco and nicotine products into the market, in order to position them as part of the solution to an epidemic that the industry itself generates and that claims the lives of almost 8 millions of people around the world. Thus, these products come to position themselves as one more strategy that seeks to undermine the policies achieved in terms of tobacco control.

Likewise, Argentina is one of the few countries in the world that has not yet ratified the first public health treaty on tobacco control, a key tool in guaranteeing transparency and the non-intervention of the tobacco industry in health policies. But why is the ratification of the Framework Convention on Tobacco Control (FCTC) important to guarantee non-interference by the industry?

The FCTC is the first global public health treaty, which came to give a global response to the tobacco epidemic. The treaty provides for various strategies aimed at reducing the supply, demand, and harm caused by tobacco products, including a complete ban on tobacco marketing, increased tobacco taxes, and other measures. But it also expressly establishes the protection of public policies and tobacco control against commercial interests and others created by the tobacco industry.

 

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

The tobacco industry does not sleep and constantly reinvents itself: from new supposedly healthy products, to the ways of advertising them and reaching more and different audiences. We tell you in this note what are the main strategies and scapegoats used to convince you that these products are not only healthy, but even ensure a life full of success and luxury.

“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”.

NEW PRODUCTS ON SOCIAL NETWORKS

When it comes to tobacco companies, renovation and reinvention are never lacking to maximize their profits, sell new products and attract more and more consumers, mainly children and young people. Faced with this, it is essential to be able to identify the main platforms for disseminating these products and the misleading and false advertising messages.

Based on a survey we carried out on social networks – a great platform for disseminating new tobacco and nicotine products – we identified different techniques and strategies to convince consumers that the new products are attractive and even healthy.

First of all, the tobacco companies try to sell their new products, such as the electronic cigarette, as something innovative, different and even better than the traditional cigarette. Through the use of hashtags such as #Vapearsalvavidas and #Vapearnoesfumar, the tobacco industry seeks to “wash” its traditional image of an unhealthy industry. In this way, the vape is presented as non-toxic or harmful to health, and the World Health Organization and various studies have shown that this is far from being the case.

PUBLICATION POSITIONING THE VAPE AS DAMAGE REDUCED

 

PUBLICATION RELATED TO FOODS TO IDENTIFY THE FLAVORS

On the other hand, tobacco companies take advantage of the image of famous people and influencers to promote their products and increase the level of their sales. What is the goal of this strategy? Associate the use of electronic cigarettes with success and with hegemonic lifestyles, to convince us that if we buy these products, we can also access a life full of leisure and luxury.

PUBLICATION WITH IMAGES OF CELEBRITIES

Other strategies to strengthen your advertising presence on social networks consist of the use of memes and the launch of promos and raffles. Through these tools, tobacco companies carry out fun and attractive marketing campaigns for social network users, using a familiar, visual and eye-catching language to sell their products.

PUBLICATIONS OF PROMOS AND SWEEPSTAKES

It is urgent that this type of strategies, campaigns and misleading advertising be unmasked, so as not to create or spread the consumption of products made with tobacco and nicotine, which are harmful to health, and which put youth and children at particular risk.

THE NEW PRODUCTS IN GRAPHIC MEDIA AND TV

Although without a doubt the main means of dissemination of these new products are social networks, TV and graphic media escape our clutches. The following graphs, obtained from our survey, show their presence on these platforms.

Percentage of news connotations found in television media coverage.

Percentage of news connotations found in graphic media coverage.

Distribution of news in graphic media according to the provinces where they were published.

Media coverage between 2019 – 2022 found with the selected keywords, by province. The national average is represented by the orange horizontal line (national average= 11).

Evolution over time of the graphic media coverage found with the selected keywords, depending on whether it is national or provincial media.

Evolution over time of television media coverage found with the selected keywords.

 

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Author

Sofía Armando

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.

 

 

 

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

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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.

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

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.

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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  • Gonzalo Hunicken
  • Delfina María Scagliotti

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