Tobacco bill ‘open to industry influence’

As parliament considers the government’s proposals for tightening tobacco laws and regulating e-cigarettes, an international conference has highlighted that the legislative process may be vulnerable to industry influence.

The World Conference on Tobacco Control in Dublin has cast the spotlight on the obligations placed on signatories to the World Health Organisation’s Framework Convention on Tobacco Control, which SA ratified in 2005.

But SA has yet to breathe life into article 5.3, which requires signatories to protect policymaking from industry interference. SA thus has no code of conduct to govern the interactions between government officials, MPs and the judiciary with the tobacco industry, while MPs are processing the draft Tobacco Products & Electronic Delivery Systems Control Bill.

Parliament’s health portfolio committee is holding public hearings on the bill, but MPs are under no obligation to disclose who they meet outside this public participation process, or the outcome of such meetings.

Parliament’s code of conduct for MPs requires them to disclose their interests, gifts received, and any remunerated work conducted outside parliament, but it places no obligation on them to report who they interact with. They are thus not required to disclose any dealings with the tobacco industry while they are considering the bill.

“It leaves it [the process] hugely vulnerable to interference,” said Peter Ucko, CEO of the Tobacco, Alcohol and Gambling Advisory Advocacy and Action Group. The rights of freedom of expression and freedom of association should not trump public health considerations, he said.

Major hindrance

Lekan Ayo-Yusuf, director of the Africa Centre for Tobacco Industry Monitoring and Policy Research, said SA’s failure to implement article 5.3 was a major hindrance to policy development. It was important that it be applied to the whole of the government, and not just the health ministry, he said.

SA’s draft bill does not contain any specific provisions to implement article 5.3, a stark contrast to Ireland, which started implementing it in 2017.

“Article 5.3 remains one of the most critical tools that we have. We take it very seriously. We do not consult with the tobacco industry on policy for health,” Irish health minister Jennifer Carroll MacNeill said. “I have not, nor will I ever, meet representatives from the tobacco industry.”

New guidance has been issued to ensure all public representatives — not just those working in health — understood and upheld their responsibilities under the convention, she said.

The health department had not responded to Business Day’s request for comment by the time of publication.

Tobacco industry tactics featured prominently at the conference, with speakers drawing attention to the ways that companies exploit regulatory loopholes to aggressively market nicotine products to young people.

The tobacco industry has a growing presence in emerging digital spaces, according to researchers from Vital Strategies, a global public organisation. Their analysis of tobacco promotion in India, Indonesia and Mexico found brands were leveraging immersive technologies such as virtual concerts, branded avatars and digital storefronts to promote tobacco products.