The tobacco industry has stepped up its influence efforts during the Covid19 pandemic

Efforts by governments and public authorities around the world to limit the influence of the tobacco industry have weakened during the coronavirus pandemic, according to the Tobacco Industry Interference Index released on November 2, 2021 by global tobacco industry watchdog STOP.[1]. The year 2020 was marked overall by a resurgence of the tobacco lobby and its influence in political decisions. The authors recommend transposing into national legislation all the protective measures of the FCTC in this area.

The Global Tobacco Industry Interference Index, Global TII, was initiated in 2015 in Southeast Asia by the STOP coalition. For the year 2020, 80 countries worldwide assessed their public policies with regard to tobacco industry interference, i.e. 23 additional countries compared to the previous edition. The assessment is based on the provisions planned to be implemented by all parties to the FCTC treaty and is reflected in this tobacco industry interference index: the lower the score, the more the country has implemented protective provisions in this area.

The Covid19 pandemic has favored the return of the tobacco industry in public policies

The report indicates that the tobacco industry has exploited the COVID-19 pandemic and the financial needs of the health crisis to establish itself as an interlocutor for many governments. The modalities have been diverse: financial or in-kind donations with personal protective equipment or care. Many governments, made vulnerable by the pandemic, have accepted these donations from the tobacco industry which have not been made without compensation. Thus, tobacco tax policies have been weakened while tobacco control measures have been postponed or even legislation favorable to the interests of the industry has been adopted.

In Malaysia, Pakistan, Tanzania and Zambia, for example, where tobacco industry-related CSR activities were supported, it was observed that these countries did not impose any tobacco tax increases in 2020.

In other countries, such as South Africa and Botswana, the tobacco industry or third parties affiliated with the industry have lobbied governments and even taken legal action against governments that banned tobacco production during lockdowns.

In Turkey and Georgia, the government has delayed the implementation of plain packaging following pressure from industry. In Ethiopia and Bolivia, the introduction of new health warnings on packets has been delayed for the same reasons.

Vigilance around new tobacco and nicotine products

The tobacco industry has also stepped up its lobbying to promote its new nicotine products, including heat-and-grill tobacco. On July 7, 2020, Philip Morris International (PMI) was granted “modified risk product” status for its flagship product IQOS by the U.S. Food and Drug Administration (FDA).[2]. Following this decision, PMI lobbied several governments to prevent its products from being classified as conventional tobacco and to benefit from exemptions. This was the case in Kenya, Lebanon, Israel, Egypt and Spain. Lobbying was often conducted with parliamentarians or took place in the context of parliamentary hearings.

The tobacco industry has also been active in seeking favorable decisions on other newly introduced products. In Kenya, manufacturer British American Tobacco registered its new oral nicotine pouch product, Lyft, with the Kenyan Pharmacy and Poisons Board, classifying it as a medicine to prevent Lyft from being regulated as a tobacco and nicotine product.[3].

Strengthening the implementation of Article 5.3 of the Framework Convention

Although governments have identified tobacco industry interference as the main obstacle to their efforts to implement tobacco control measures, many have become vulnerable to industry tactics and have compromised their policies aimed at protecting public health from commercial interests.

The report notes that non-FCTC signatories such as Argentina, the Dominican Republic, Switzerland, Indonesia and the USA have faced very high levels of tobacco industry interference that have undermined tobacco control outcomes.

The study also highlights that no country has been spared from tobacco industry interference, despite the pandemic, but several governments have nevertheless made progress in protecting against tobacco industry interference. To achieve this, these countries have in particular adopted legislative provisions and/or defined codes of conduct. Eighteen countries have improved the protection of their health policies, in particular by effectively implementing the guidelines of Article 5.3 of the FCTC, which provide for greater transparency and limiting relations with the tobacco industry to what is strictly necessary.

According to the authors of the global report, the transposition of Article 5.3 and its guidelines into national laws is essential and more urgent than ever given the increased activities of the tobacco industry during the health crisis. The following provisions are particularly highlighted: preventing the participation of the tobacco industry in policy-making, avoiding unnecessary interactions with the industry and ensuring the transparency of meetings that take place; and finally removing the advantages enjoyed by manufacturers.

Keywords: Interference Index, report, tobacco industry, CCLAT, 5.3

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