Tobacco control law needs more teeth

Government enacted tobacco control law in December 2006 prohibiting advertising or promotion of tobacco products or grant of sponsorships by the industry, sales to minors and smoking at enclosed public places. At the beginning there were much improvement with a decline in tobacco sales and consumption as well

Manjari PEIRIS

Interest of law implementation agents nowadays seems to be declining due to certain limitations in the law. Apart from that, the tobacco industry is apparently abusing the lapses and loopholes in the law. It has even begun advertising at retailers.

Having recognized these lapses, we understand that the National Authority on Tobacco and Alcohol (NATA) made several recommendations to the Attorney General’s Department to amend the law as well as to implement the regulation on pictorial health warnings, over one year ago.

The suggested major contents of the amendments are the authority entrusted on authorized officer to search any person committing or attempting to commit an offence and arrest and detain for committing an offence under this Act.

Tobacco products

Power of authority to make rules, that a manufacturer, importer, trader, dealer, retailer or distributor of any tobacco product shall not sell any such product along with any other goods as an incentive or offer as a complimentary gift, a sample of any such product or any other product, public places, means any place to which the public have access, whether as of right or otherwise, whether on payment or not, whether on invitation or not and includes public conveyance and workplace, that workplace includes any vehicle whereas mobile services are provided, label, includes a tag, brand, mark, pictorial or other description, either written, printed, stencilled, marked, embossed or impressed on or attached to a bottle, pack, carton or package of tobacco product etc.

Parties to the Framework Convention on Tobacco Control (FCTC) are required to implement effective measures to warn against harmful impact of tobacco use on all tobacco product packaging within three years of ratifying the FCTC. Sri Lanka which is a Party to FCTC (entered into force in 2005)is thus several years behind in implementing the pictorial health warnings on tobacco products. Governments in other parts of the world have already made extraordinary progress in improving tobacco warning labels by implementing measures as outlined by the FCTC.

Warning labels

Pictorial health warning labels communicate the risks of tobacco use and increase knowledge about risks associated with smoking and can decrease intentions to smoke among adolescents, persuade smokers to quit and keep ex-smokers from starting again. Graphic health warning labels have a greater impact than text only labels and can be recognized by low literacy audiences and vulnerable groups, including children, while tobacco companies depend on tobacco package design to build brand recognition and promote sales.

Many sectors in society who are keen on protection of public health, are inquiring as to what has happened to the status of implementation of tobacco control law which was inspiring at the beginning. We have been repeatedly inquiring from NATA the reason for the delay. The authority provides no clear answer to the question except to say that the matter has been referred to the Attorney General’s Department.

This is an era where more and more countries are adopting tobacco-control policies to save lives by implementing smoke-free public places, increasing tax on cigarettes and launching a wide-range of smoking-cessation programs and have shrunk the number of people smoking.

Smoke-free laws

There is a fast-growing campaign around the world demanding for 100 percent smoke-free laws that ban smoking in all work and public places. Public health authorities worldwide have concluded that there is no safe level of second hand smoke exposure. Scientific evidence is clear that the only effective way to protect workers and the public from secondhand smoke is to enact 100 percent smoke-free law that bans smoking in all public places.

Although the law has enforced, a research study indicated that its practical use is limited.

This research study, conducted in year 2009 indicated levels of particulate matter levels were extremely high in measured locations where indoor smoking is continued irrespective of existing law. Particulate matter in the atmosphere is a widely accepted indicator to evaluate secondhand smoke levels.

As a part of this multi country research project, particulate matter levels have compared with other participated Asian countries and results indicated that the levels are considerably higher compared to Asian countries having enforced law over indoor smoking (reference: International journal of Hygiene and Environmental Health, 2010 September; 213 (5): 348-51).

Sri Lanka too should adopt comprehensive tobacco control programs, for both health and economic reasons. The need for action is urgent as if no action is taken, tobacco may kill a billion or more people in the 21st century in the world. Research studies reveal that 40 percent of all cancers can be prevented if tobacco consumption is curtailed through awareness raising, legislation and taxation.

From enclosed public places, the Government should extend the smoking ban to all public places since half of the smoke generated through a cigarette smoke is secondhand smoke and the other half is generated through mainstream smoke. Public places are potential places where the non-smokers are exposed to tobacco smoke.