Uruguay: Justice annuls a decree initiated by the tobacco industry against plain packaging

A Uruguayan court has issued an injunction blocking the implementation of a decree that would have weakened the country’s historic plain packaging law. The decree was issued by President Lacalle Pou following a request from the country’s largest tobacco company, Sociedad Uruguaya de Tabacología (SUT). The injunction, issued by a court charged with protecting children’s rights, represents another major victory for public health in Uruguay.[1].

Last September[2], the Uruguayan government had issued a decree (Decree No. 282/022) that would have allowed tobacco manufacturers to insert information on cigarettes and include inserts inside tobacco packets, constituting a violation of the very principle of plain packaging and also of the ban on tobacco advertising in that country. This government decision had been described as a "capitulation" to the tobacco industry by health associations, particularly since Uruguay is a pioneer country in Latin America in the fight against smoking.

A decree in violation of the Framework Convention and the protocol against illicit trade

The judge ruled that the decree jeopardized children's rights and violated Uruguay's international health and human rights obligations.

In his decision, the judge ruled that Decree No. 282/022 violates Articles 7 and 8 of the national law No. 18256, which prohibit all forms of tobacco advertising and the prohibition of using tobacco product packaging as promotional materials. The decree also goes against Articles 11 (Packaging and labelling of tobacco products) and 13 (Tobacco advertising, promotion and sponsorship) of the WHO Framework Convention. In addition, the decree established the possibility of introducing elements that can be distinctive elements of the brand. In her decision, the judge adds that there is evidence that tobacco companies use packaging as an advertising medium and as a vector of differentiation to promote the product. She specifies that exposure to tobacco advertising increases the risk for young people to start using these products and reduces the chances of smokers quitting.

Decree 282/022 is also in violation of the Protocol for the Elimination of Illicit Trade in Tobacco, in particular its Article 8. The latter provides in particular for the establishment of a system for monitoring and tracing tobacco products independent of the industry. However, the decree left it to the tobacco industry to define the traceability method.

The judge added that the motivation of the decree is clearly illegitimate and responds solely to commercial reasons and that the scientific community and other organizations specialized in the fight against smoking were not consulted beforehand. Such motivation contravenes the provisions of art. 5.3 of the Framework Convention, which states that Parties must protect their tobacco control policies from the interests of the tobacco industry.

Swift action from public health advocates

Following the adoption of this decree, public health advocates in Uruguay quickly filed an appeal against it in order to have it annulled.

Civil society vigilance had already been demonstrated in the past. In 2010, Philip Morris International filed a lawsuit against Uruguay following the adoption of broad health warnings covering 80% of the surface area of cigarette packs and the restriction of cigarette brand variations. The administration of then-President José Mujica (2010-2015) was at one time on the verge of giving in to PMI but changed its mind after the strong mobilization of local and international anti-tobacco civil society, supported by Dr. Vàsquez, former Uruguayan president and fervent defender of public health.[3].

The Campaign for Tobacco-Free Kids welcomes this decision and commends the critical role played by civil society in the country. It calls for governments and tobacco control experts in other countries to be vigilant about the many efforts by the tobacco industry to undermine progress made.

Keywords: Uruguay, plain packaging, lobby, tobacco industry, advertising, framework convention, justice,

©Tobacco Free Generation

AE