Dorcas J. Kiptui Programme Officer, Division of NCD Focal Point Tobacco Control Ministry of Public Health & Sanitation, Kenya
Feb 09, 2016
Dorcas J. KiptuiProgramme Officer, Division of NCD
Focal Point Tobacco Control Ministry of Public Health & Sanitation, Kenya
Rationale for Art. 13 It is a non Price measure to reduce
tobacco consumption Evinced based establishment of causal
relationship between TAPS and tobacco consumption
TAPS encourages youth to experiment on tobacco products & initiate regular use
Reduce motivation to quit Promotes defaulting among smokers
who have quit
FCTC Art 13 Parties to recognize that a comprehensive ban
on advertising, promotion and sponsorship would reduce the consumption of tobacco products
Each Party shall,.. undertake a comprehensive ban of all tobacco advertising, promotion and sponsorship. This
shall include, subject to the legal environment and technical means available to that Party, a comprehensive ban on cross-border advertising, promotion and sponsorship within the period of five years after entry into force of the Convention for that Party,
Article 5.3 recommends
Ban on donation, funds, gifts, services from tobacco interest groups and inclusion on govt committees and advisory bodies involved in TC
Government to regulate activities described as “socially responsible” by TI including CSR
FCTC Definition
“tobacco advertising and promotion” means any form of commercial
communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly;
“tobacco sponsorship” means any form of contribution to any
event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly;
Forms of advertising Direct Ad – billboards,
TV, Radio, Print media Merchandising /brand
stretching– umbrellas, t-shirts, caps, lighters, matches, sweets
Packaging – brand imagery
Product placement – film, movies, Tv pgms, car race
Sponsoring events – sports, music, fairs, individuals, entity
Point of sale – wall, stacking, posters, dummies
Free samples Coupons Marketing – events ,
participatory promotions, discounts, brand promo
CSR – Prevention pgms, social amenities
TCA definition/provisionsAdvertisement any statement, communication, representation or
reference aimed at the public and designed to promote or publicise a tobacco product or encourage its use, or draw attention to the nature, properties, advantages or uses of the product;
includes:
the use, in any advertisement or promotion aimed at the public, of a tobacco product manufacturer’s company name where the name or any part of the name is used as, or is included in a tobacco product trade mark;
product stacking and product displays of any kind or size;
Total Ban on Advertising
on any medium of electronic, print or any other form of communication
Ads that depicts, in whole or in part, a tobacco product, its package or a brand element or one that evokes a tobacco product or element
lifestyle advertising
Branding
Branding on walls
before after
Promotion
“promotion” means a representation, including an advertisement, whether direct or indirect, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviour about the product or service, or that is intended to or has the effect of inducing consumers to use tobacco products, underestimate the dangers of tobacco consumption, or create recognition of or goodwill for the tobacco manufacturer;
Total Ban on Promotion
packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects, health hazards or social effects of the tobacco product or its emissions
Point of sale advertising
Promotional material at point of sale
Print media/ Price promotion
Point of sale stacking
Total Ban Promotion
testimonial - the depiction of a person, character or animal, whether real or fictional, including literary, dramatic, musical, cinematographic, educational or artistic works, productions or performances that use or depict a tobacco product or a tobacco product-related brand element, whatever the mode or form of its expression, shall be considered to be a testimonial for, or an endorsement of the product.
Child appealing Characters
Ban tobacco related gifts/tokens
offer or provide any consideration, whether directly or indirectly, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, lottery or contest
furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service;
furnish an accessory that bears a tobacco
product-related brand element without monetary consideration or in consideration of a product or service or the performance of a service.
Ban on Cross border Advertising No person shall, on behalf of another
person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part
No person shall, by means of a publication that is published outside Kenya, or a broadcast that originates outside Kenya, or any other communication that originates outside Kenya, promote any tobacco product or disseminate promotional material that contains a tobacco-related brand element in a manner that is contrary to the requirements of the TCA
Total Ban on Sponsorship
by means of organizing, promoting or sponsoring a sporting, cultural, artistic, recreational, educational or entertainment programme, event or activity;
or
promote a tobacco product at any sporting, cultural, artistic, recreational, educational or entertainment event or activity;
or
advertise tobacco or a tobacco product by means of organizing, promoting or sponsoring trade fairs, exhibitions, shows or any other events.
Total Ban Brand Stretching The name of a manufacturer or tobacco
product related brand name may only appear on a permanent facility if such facility is owned or leased and used by the manufacturer.
No manufacturer, distributor or retailer shall manufacture, distribute or sell an accessory that displays a tobacco product-related brand name or the name of the manufacturer.
display a tobacco brand element on a non-tobacco product.
furnish or promote non-tobacco products bearing tobacco-related brand names.
Penalties Promotion of tobacco product or
tobacco related brand element – Ksh. O.5M/3yrs imprisonment or both
Sponsorship - Ksh. O.5M/3yrs imprisonment or both
Brand element on non tobacco product - KSh 150k/6months or both
Free/gifts/token Ksh. 1million, 6months or both
Cross border Ads – KSh.3M/3yrs imprisonment or both
Achievements FCTC Ratification FCTC domestication through legislation TOTAL BAN On TAPSResults No overt Advertising Marked reduction in consumption among
adults TI is now behind the scenes No more misinformation/ No more CSR= changing public perception of
TI Reduced introduction of new products Failed attempts for new market by foreign
traders
Challenges Understanding of TAPS Subtle TAPS Monitoring Cross border TAP media Internet TAP Endorsement by senior Officials,
opinion leaders Lack resources to implement counter
ads
RecommendationTotal ban is the way to succeed as partial bans are difficult to monitor and are IneffectiveUse the FCTC definitions and G/linesInclude cross border bans on TAPS Cover future technologiesCSOs key role in monitoring and surveillanceBan to apply on TAPS of ALL tobacco Products
Kongoi Asante
Thank you Merci
Gracias Obrigada
Jai-rruh-jef