2007 johns hopkins bloomberg school of public health who fctc: text, commitments, and timelines...

2007 Johns Hopkins Bloomberg School of Public Health

WHO FCTC: Text, Commitments, and TimelinesWHO FCTC: Text, Commitments, and Timelines

Gemma Vestal, JD, MPH, MBA, BSNTobacco-Free Initiative, World Health Organization

2 2007 Johns Hopkins Bloomberg School of Public Health

Learning Objectives

Specifically identify relevant articles that are due for implementation

Commitments of parties in upholding the Framework Convention on Tobacco Control (FCTC)

Timelines of the FCTC


Terminology

The WHO FCTC is the World Health Organization’s Framework Convention on Tobacco Control It is also known as the “FCTC,” “Treaty,”

“Framework Convention,” or the “Convention”

Parties (currently 147): countries bound to follow the provisions of the Treaty

Member states (currently 193): countries that are members of the World Health Organization Forty-seven member states are not current

contracting parties to the Treaty


Source: World Health Organization. (2005).

Understanding the WHO FCTC

The obligation on parties to implement the Treaty in good faith

The WHO FCTC sets a floor, not a ceiling “… Parties are encouraged to implement measures

beyond those required by this Convention and its protocols …”

— FCTC Article 2

“Effective” means evidence based “… effective legislative, executive, administrative

or other measures should be contemplated …”

— FCTC Article 4

“In accordance with national law"


Source: World Health Organization. (2005); Image Source: World Health Organization. (2005).

The Text: An Evidence-Based Tool to Save Lives

Overall objective of the FCTC: “To protect present

and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke … to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke.”

— FCTC Article 3


General Obligations

Article 5: establishes the basic obligations of parties under the Convention to advance tobacco control efforts through national action and international obligations

Article 5.3: requires parties to undertake measures to protect tobacco control policies from the interests of the tobacco industry, including the adoption of new legislation when necessary


Uniqueness of the WHO FCTC

Includes provisions related to questions of the liability of contracting parties

Includes provisions related to the potential saboteurs of its implementation, the tobacco companies

Addresses tobacco control from both the supply-side and demand-side perspectives

Reflects measures that have proven effective in reducing tobacco consumption—an evidence-based treaty


An Evidence-Based Strategy

Reduces demand: Articles 6–14

Reduces supply: Articles 15–17

2007 Johns Hopkins Bloomberg School of Public Health

Section ASection A

Demand Reduction: Articles 6–14


Article 6: Price and Tax Measures to Reduce Demand

Tobacco price and tax increases

Specifically, youths are price sensitive, price inelastic Price and tax increases are effective means of

decreasing tobacco consumption among youths


Article 8: Protection from Exposure to Tobacco Smoke

According to WHO, secondhand smoke (SHS) is a carcinogen for which there is no “safe” level of exposure

No “safe” level is achieved via ventilation and/or separate non-smoking areas as an alternative to smoke-free environments

Good faith implementation of this article requires parties to implement smoke-free policies in public places, workplaces, and public transport in areas under national jurisdiction and to actively promote smoking bans at other jurisdictions


Article 9: Regulation of Tobacco Products

The Conference of the Parties (COP) The highest governing body of the WHO FCTC Comprised of the parties present and voting

during a session COP1, held in February 2006, was charged under

Article 9 with developing guidelines for testing, measuring, and regulating the contents and emissions of tobacco products

COP1 mandated the Convention Secretariat/Tobacco Free Initiative (TFI) to convene a working group to develop the guidelines

The working group presented a progress report to COP2 in June/July 2007


Article 9: Regulation of Tobacco Products

The work on these guidelines will most likely continue until COP4, most likely in October 2010

The tobacco industry has the ironic privilege of selling tobacco products, which kill half their consumers

With this non-deserved privilege should come the burden of responsibility The burden of the testing and measuring of the

contents and emissions of tobacco products should lie on the industry

This is a complex area and it is strongly recommended that the ongoing work by the WHO Study Group on Tobacco Product Regulation (TobReg) and other public health practitioners be fed into the process of guidelines development


Article 10: Regulation of Tobacco Product Disclosures

Requires parties to require manufacturers to disclose information derived from their testing and measuring of tobacco contents and emissions

Verification of the disclosed results via established sampling methods should not be entrusted to the industry It should be done by an independent

laboratory, by a regional reference center, or by a national government lab

The cost of the verification process should be recouped from the manufacturers where possible


Article 10: Regulation of Tobacco Product Disclosures

To minimize the work involved for any individual country, a standardized system for collecting, reporting, and analyzing the required information should be established

A harmonized reporting format should be established to obtain trend information regarding the monitoring of product performance, including contents, additives, design changes, emissions, etc., which can be comparable across countries and over time


Images source: Physicians for a Smoke-Free Canada. (2007).

Article 11: Packaging, Labeling of Tobacco Products

Obligates parties to require government-approved rotating health warnings on tobacco packaging that cover at least 30%—preferably 50%—of the principal display area and may include pictures or pictograms

Firm deadline: each party is required within three years of entry into force to adopt and implement the above measures


Image source: Trinkets & Trash. (2007).

Article 11: Packaging, Labeling of Tobacco Products

Ensures that packages and labels are not false, mis-leading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, hazards, or emissions

Bans the use of terms such as “mild,” “light,” or “ultra-mild”


Articles 9, 10, and 11: Product Regulation Provisions

Regulation of tobacco products is encompassed within a set of provisions contained in Articles 9, 10, and 11 of the FCTC Targeted at the regulation of the manufacture,

packaging, labeling, and distribution of tobacco products


Articles 9, 10, and 11: Product Regulation Provisions

The scientific basis for the principles guiding the implementation of Articles 9 and 10 establishes the rationale for the principles guiding the implementation of Article 11

For this reason, and in order to achieve the synergistic effect of these provisions, all three articles should be treated as a single set of interrelated and mutually reinforcing regulations


Article 12: Education, Training, and Awareness

Requires parties to: Promote broad access to comprehensive public

awareness programs on the health risks of tobacco

Promote effective training and awareness programs, including those on the strategies of the tobacco industry to market a lethal product


Article 13: Advertising, Promotion, and Sponsorship

Requires parties to undertake a comprehensive ban on tobacco advertising, promotion, and sponsorship within five years after the Treaty’s coming into force for that country

Prohibits all forms of tobacco advertising, promotion, and sponsorship that promote a product by any means that are false, misleading, deceptive, or that create an erroneous impression about its characteristics

Prohibit or, in the case of a party that cannot prohibit due to its constitution or constitutional principles, restrict tobacco sponsorship of international events, activities, and/or participation therein


Article 13: Advertising, Promotion, and Sponsorship

Requires that health or other appropriate warnings or messages accompany all advertising An expansion of the obligation specified in

Article 11 to use health warnings and messages by extending it to all tobacco advertising, promotion, and sponsorship

Requires the tobacco industry to disclose expenditures on tobacco advertising, promotion, and sponsorship to relevant government authorities


Article 14: Tobacco Dependence and Cessation

Helping adults to quit smoking is universally recognized as a cost-effective method of preventing disease

However, depending on a party’s economic resources, health care systems, and level of tobacco use, the appropriate means of providing meaningful cessation assistance vary widely

Accordingly, Article 14 requires each party to first develop cessation and treatment guidelines that are tailor-made to its circumstances, but that are also evidence based

2007 johns hopkins bloomberg school of public health who fctc: text, commitments, and timelines...

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