|De-normalizing the Tobacco Industry:
Through Effective Implementation of FCTC Article 5.3
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Advertising at Point-of-Sale Gone Berserk: A case for pack display ban (2014)
With tobacco advertising and promotions being either totally or partially banned in the mass media in almost all countries in Southeast Asia, the tobacco industry has shifted its focus to do marketing communication at point-of-sale (POS) by displaying a number of cigarette packs or carton. This is the remaining principal avenue for tobacco industry.
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Comprehensive Ban on Cross-Border Tobacco Advertising, Promotions and Sponsorship in ASEAN Region Background
Bans on advertising, promotion and sponsorship (TAPS) have been shown to reduce tobacco consumption, but bans only work if they are comprehensive. Many countries have moved to implement comprehensive TAPS bans, cross border issues however still pose a problem. This document provides a background to addressing the issue.
What the WHO Framework Convention on Tobacco Control says about cross-border TAPS
FCTC Article 13.2 states, “A comprehensive ban shall include, subject to the legal environment and technical means available to [each] Party, a comprehensive ban on cross-border advertising, promotion and sponsorship originating from its territory.” The FCTC also states all Parties shall cooperate in the development of technologies and other means necessary to facilitate the elimination of cross-border advertising (Article 13.6).[showhide type=”typeA” more_text=”More” less_text=”Less” hidden=”yes”]Cross-border advertising includes out-flowing advertising, promotion, and sponsorship (originating from a country’s territory) and in-flowing advertising, promotion, and sponsorship (entering a country’s territory). It involves the use of the Internet, television, radio, printed publications, and other media forms. International sponsorships that cross borders are likewise considered cross-border advertising; a prominent example would be sponsorship of international sporting events using cigarette brands.
Example of recent cross-border TAPS: Djarum Indonesia Open 2012
An international badminton tournament, Indonesia Open under auspices of the Badminton World Federation was broadcasted to several countries: Hong Kong, Malaysia, Denmark, Singapore and Germany.Along with the broadcasting, people from many countries were exposed to Djarum, an Indonesian tobacco brand, a sponsor of the tournament. This form of in-flowing cross-border TAPS must be banned. The office of the Badminton Word Federation located in Kuala Lumpur also advertised this tobacco sponsored event on its website which is accessible online.
Status of ASEAN Region on cross-border on TAPS
Reports submitted by countries to the Conference of Parties, (COP) show Thailand and Malaysia have banned cross-border TAPS.Thailand has banned cross-border TAPs originating locally but not those entering the country. This loophole can be exploited by the tobacco industry to promote their products. Similarly Malaysia has not banned in-flowing TAPS hence in June 2012 Malaysia received telecasts of tobacco sponsored badminton, Indonesia Open, from Indonesia. In Vietnam, the new tobacco control law passed in June 2012 includes a ban on cross-border TAPS (Law on Prevention and Control of Tobacco Harms, 2012).[/showhide]