United Kingdom: Practical information to keep all public authorities at a safe distance from the tobacco industry

The Department of Health and Social Care has published a list of recommendations aimed at maintaining a distanced relationship between the UK government and the tobacco industry, in full accordance with Article 5.3 of the FCTC.

Article 5.3 of the WHO Framework Convention on Tobacco Control (CCLAT) requires that public health policies are not influenced by the commercial or other interests of the tobacco industry. As the UK was one of the first signatories to the FCTC in December 2004, the government is committed to ensuring its implementation.

As the body responsible for ensuring compliance with the FCTC and its Article 5.3, the Department of Health and Social Care (DHSC) has issued a list of recommendations intended for all government representatives[1]. These include government departments, government agencies, local authorities, and any person acting on their behalf. The tobacco industry includes producers, distributors and importers of tobacco products, as well as any organization, association, person or other entity representing the commercial or other interests of the industry, and those funded by the industry or employing their staff; industry lobbyists and tobacco farmers are included in this group.

Meetings with tobacco industry must be made public

Noting that there is a "fundamental and irreconcilable conflict between the interests of the tobacco industry and those of public health", these recommendations prohibit any partnership, non-binding agreement or voluntary arrangement between government representatives and those of the tobacco industry.

Occasional interactions with tobacco industry representatives are permitted only when necessary to regulate the industry. They should be made public and conducted in a transparent manner. Each meeting with tobacco industry should answer a series of questions to clarify the framework, organization, purposes and financing of these meetings. The agenda items for these meetings should be stated in advance and no other topics should be discussed. Article 5.3 of the FCTC should be mentioned at the beginning of each meeting and the minutes of these meetings should be made available online.

Funding and links with tobacco industry must be declared

Departments and other public authorities should not receive money from the tobacco industry. Any funding and direct or indirect links with the industry should be declared when questioned. Correspondence exchanged and responses given to tobacco companies should be made public.

The DHSC aims to inform any person or public body wishing to obtain information on the obligations arising from the FCTC. It also invites you to consult the website Tobacco Tactics from the University of Bath to identify tobacco industry players and their allies. The vigilance exercised by civil society organisations is also welcomed. Several scenarios for exchanges and attitudes to adopt with the tobacco industry are proposed as examples.

An example for other countries

These DHSC guidelines essentially reflect the guiding principles and recommendations of the application guidelines of Article 5.3, adopted by countries that have ratified the FCTC. Their merit is that they clearly set out these principles and rules for the benefit of representatives of the British government. They cannot therefore claim to be ignorant of them. Such work should in principle be carried out in each country.

Keywords: United Kingdom, DHSC, CCLAT, Article 5.3, implementing guidelines.

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[1] Department of Health and Social Care, Guidance for government engagement with the tobacco industry, updated June 19, 2023, accessed June 21, 2023.