Tobacco Control Legal

Framework in the Philippines:

WHO FCTC Article 13

TOBACCO ADVERTISING
PROMOTION & SPONSORSHIP

Vision of bridging the gap between law and public health

Lead resource in research and dissemination

Legal and technical assistance for priority public health policies

INTRODUCTION:

Tobacco Advertising, Promotion

& Sponsorship (TAPS)
Tobacco industry spends tens of billions of
dollars worldwide each year TAPS
Strongly opposed by the tobacco industry
because total TAPS ban is effective:
1.
2.

substantially reduce tobacco consumption

protect people from deceptive marketing
tactics

PURPOSE OF TAPS
1. Recruit new users to replace those who
quit or died
2. Maintain or increase use among current
users
3. Reduce a tobacco users willingness to
quit
4. Encourage former users to start using
tobacco products again

Todays teenager is tomorrows

potential regular customer
and the overwhelming majority of smokers first begin to smoke while still
in their teens The smoking patterns of teenagers are particularly
important to Philip Morris.

Philip Morris, 1981 Internal Memo!

Teenagers are Exposed to Billboard Tobacco

Advertising at an Alarming Magnitude

Tobacco Regulation Act

of 2003: RA 9211
Signed on into law by the
President on 23 June 2003
Tobacco industry played (and
continues to play) a role in the
development, implementation
and enforcement
Tobacco companies (thru PTI) sit as a
member of IAC-T
Law provides exceptions to TAPS ban

Provisions on TAPS: RA 9211 Secs.

14-26

Tobacco Regulation Act

of 2003: RA 9211
It is the main thrust of this Act to regulate
and subsequently ban all tobacco
advertisements and sponsorships
Section 3(c), RA 9211!

Many
provisions
of RA9211
are NOT
WHO FCTC
compliant.

WHO Framework Convention on

Tobacco Control (FCTC)
Signed & ratified in 2003
Senate concurrence in 2005
Senate Resolution No. 195
See 1987 Constitution, Art. VII, Sec. 21

Forms part of the laws of the land

180 State Parties

WHO FCTC, Article 13

Within 5 years from entry into force (until 2010):
Comprehensive ban on all TAPS
Minimum standards:

Prohibit TAPS that are false, misleading or deceptive

Health or other appropriate warnings or messages
Restrict the use of direct or indirect incentives
Disclosure of expenditures for TAPS
Ban TAPS in media (print, TV, radio, Internet)
Prohibit tobacco sponsorships

EXAMPLES OF
TAPS
Internet sales
Product placement
Vending machines
Free samples
Trade communications
e.g. newsletters for tobacco traders or dealers
1.
2.

Strictly limit the circulation

exclusively for employees, suppliers and business partners

Retail Displays

Package & Product Design

So-called Corporate Social Responsibility

"Bibigay din 'yan. Kapag nagsimula nang tumanggap [ang LGU],

hawak na namin 'yan. former PMFTC employee
SOURCE: Judith Balea, Tobacco CSR thwarts ad ban, no-smoking laws, Rappler (May 2013)

Brand Sharing or Stretching

Image Source: Mackay, J.

Depiction in Films

Journalistic, Artistic or Academic

Expression

NOTE: appropriate warnings or disclaimers may be required in some cases (see

FCTC Guidelines)

 TV & radio advertising since 1 Jan 2007

Cinema & outdoor advertising since 1 Jul 2007

EXCEPT posting of leaflets, posters, & similar outdoor advertising

materials INSIDE the premises of point-of-sale retail establishments

All forms of mass media advertising since 1 Jul 2008

EXCEPT those placed INSIDE the premises of point-of-sale (POS)
retail establishments

EXCEPTION TO THE EXCEPTION: even if inside the premises of POS, sale

and distribution is prohibited in or within 100 meters from any point of
the perimeter of any school, public playground or other facility
frequented by minors

POS?

Outdoor advertisement
NOT inside a point-of-sale
NOT even a point-of-sale
NOT a leaflet, poster or
anything similar thereto

POS?

Outdoor advertisement
NOT inside a point-of-sale
NOT even a point-of-sale
NOT a leaflet, poster or
anything similar thereto

SOURCE: http://ecowastecoalition.blogspot.com/2014/05/groups-assail-tobacco-advertising-in.html

POS?

Outdoor advertisement
NOT inside a point-of-sale
NOT even a point-of-sale
NOT a leaflet, poster or
anything similar thereto

POS?

Outdoor advertisement
NOT inside a point-of-sale
NOT even a point-of-sale
NOT a leaflet, poster or
anything similar thereto

Advertisement
Any visual and/or audible message disseminated to the
public about or on a particular product that promote and
give publicity by words, designs, images or any other
means through broadcast, electronic, print or whatever
form of mass media, including outdoor advertisements,
such as but not limited to signs and billboards.
Section 4(a), RA 9211

Advertising
The business of conceptualizing, presenting, making

available and communicating to the public, through

any form of mass media, any fact, data or information
about the attributes, features, quality or availability of
consumer products, services or credit.
Section 4(b), RA 9211

Any messages and images promoting:

Smoking
The purchase or use of cigarette or tobacco products
Cigarette or tobacco trademarks, brand names, design
and manufacturers names
Section 4(b), RA 9211

TAPS VIOLATIONS HAVE GONE UNPUNISHED

HealthJustice filed a case against PMFTC in 2012

Complaint was filed with IAC-T for violation of ad
bans under RA 9211

2015: NO ACTION FROM IAC-T

EFFECT:
CONTINUED
MASSIVE TAPS
VIOLATIONS
At least 44 full page ads
bearing PMFTCs logos
have been printed in
major newspapers
between November December 2014

Tobacco Ad Restrictions for the

Protection of Minors
Within 100 meters from any point of the
perimeter of any (1) school, (2) playground, or
(3) other facility frequented by minors
No sale or distribution
No outdoor ads

Sale or distribution to minors

NOT A DEFENSE: Did not know real age or

that it will be the minor who will use

Promotion
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, distributor or
retailer
Section 4(l), RA 9211

Restrictions on Tobacco Promotions

Must be directed only to adults
Communications comply with advertising restrictions
Telephone communications must include a recorded
health warning message
Stalls, booths, & other displays must be limited to POS or
adult-only
No ad or product placement as a prop in any:
-
-
-
-

TV program
Movie for viewing by the general public
Video, optical disc; and
Video game machine

Sponsorship
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.
Section 4(q), RA 9211

NOT A TOTAL BAN

ON SPONSORSHIPS:
Since 1 July 2008,
tobacco companies
are only allowed to
sponsor activities
that do NOT involve
tobacco
advertisements or
promotions. Also,
they are only
allowed to have
their names
included in the
roster of sponsors.

FCTC Article 13 & Guidelines:

Has the Philippines complied
with its obligations?
Within 5 years from entry into force (or until 2010)
COMPREHENSIVE BAN on all tobacco advertising, promotion and
sponsorship including cross-border TAPS

RECOMMENDATIONS:
Opportunities for Local Governments
Removal of TAPS & publicize violations
Include ban/restriction in the criteria for
granting, renewing licenses or permits
Encourage public to report violations
Fund counter-advertising
Denounce all types of tobacco industry
interference

SUMMARY
Direct and indirect TAPS are the vehicle for spreading the
global tobacco epidemic
Partial bans do not work ban must be comprehensive
Strong and effective legislation must be enforced and
monitored with the publics support

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