Outdoor Tobacco Advertising Ban

June 30, 2007 marks the beginning of the 2^nd Session Conference of the Parties to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) held at the United Nations Convention Center in Bangkok, Thailand.

The FCTC, considered a landmark treaty, is the first international treaty on public health. It was developed in response to the current globalization of the tobacco epidemic. It is an evidenced-based treaty that reaffirms the right of all people to the highest standard of health by requiring state parties to adopt 100% smoke free environments, advertising bans, and pictorial health warnings among others.

The first session Conference of Parties was held in Geneva last year that saw the initial process of guiding implementation of the treaty. The second Conference of Parties (COP2) must carry on the momentum towards effective implementation of the Convention.

The end-goal really is to put a stop to the death toll which we see to increase in 2006 to one death every 6 seconds from one death every 10 seconds. Opening day of COP2 saw the unveiling of the death clock showing that to date 33,050,693 people have died from tobacco-related disease since the start of the countdown in 25 October 1999.

As people all over the world work to slow down the tobacco epidemic, Philippines will be contributing its share by implementing the outdoor advertising ban on July 1. According to RA 9211: “Beginning July 1, 2007, all outdoor advertising shall be prohibited. No ( tobacco advertising) posters and other materials may be posted except inside the retail establishments.”

The civil society represented by the Framework Convention for Tobacco Control Alliance of the Philippines (FCAP) is anticipating violations by the tobacco industry. According to Dr Encarnita B. Limpin, president of FCAP, “The tobacco industry, especially the giant, Philip Morris, whose lawyers actually sit in the Inter Agency Committee Tobacco meetings, is attempting to exclude retail establishment signages (e.g. sari sari stores) from the outdoor advertising ban despite the clear provisions of the law”.

However, the IACT as a mere administrative agency that is not in the position to interpret the law may only apply it as it is written”.

“There are criminal penalties for violating the outdoor advertising ban ranging from 100,000 to 400,000 pesos, imprisonment and revocation of permits and licenses and we sincerely hope that the tobacco industry assists these poor sari-sari-stores in removing or replacing the store signages concerned in order to avoid penalties that they may be liable for”, added Dr. Limpin.