Global Tobacco Industry Interference - Index 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Global Tobacco Industry Interference Index 2021
ACKNOWLEDGEMENTS Foundation and the Bill and Melinda Gates Foundation
also contributed to the development of the report.
Author: Mary Assunta GGTC is a joint initiative of the School of Global Studies
at the Thammasat University and SEATCA.
Editors: E. Ulysses Dorotheo, Yodhim Dela Rosa,
Erin Sandberg Design: sophieeverett.com.au
Additional editorial input: Vital Strategies Funding: This publication is funded
and the Global Center for Good Governance by Bloomberg Philanthropies.
in Tobacco Control
Suggested citation: Mary Assunta. Global Tobacco
Global Tobacco Industry Interference Index Industry Interference Index 2021. Global Center
(the Index) is a global survey on how governments for Good Governance in Tobacco Control (GGTC).
are responding to tobacco industry interference and Bangkok, Thailand. Nov 2021.
protecting their public health policies from commercial
and vested interests as required under the World Health Disclaimer: This Index is based solely on publicly
Organization Framework Convention on Tobacco available information obtained by collaborators in their
Control (WHO FCTC). The report was initiated as respective countries. If you have information that can
a regional index by Southeast Asia Tobacco Control strengthen this report, contact us at: info@ggtc.world
Alliance (SEATCA) in 2014. The Index is produced by
For more information visit:
the Global Center for Good Governance in Tobacco
Control (GGTC), a partner in STOP, with support from www.exposetobacco.org
Bloomberg Philanthropies. The Thai Health Promotion www.globaltobaccoindex.orgContents
02 06 08
Introduction Key Findings 01. The tobacco industry
interfered in policy
development and
implementation
14 17 20
02. The tobacco industry’s 03. The tobacco 04. Inappropriate
pandemic-related corporate social industry received interactions occurred
responsibility (CSR) activities incentives that between governments
enhanced access to senior officials benefitted its business and the industry
26 29 34
05. Transparency 06. Public officials 07. Governments can
and accountability faced conflicts of protect themselves from
decreased interest situations industry interference
41 42 44
Conclusion Recommendations Summary Table
56 60
Appendix A Endnotes02 STOP
In a global pandemic, where
smoking is a risk factor
for severe coronavirus
(COVID-19) disease, the
tobacco industry (TI)
continued producing,
distributing and selling
Introduction
its harmful products.
While governments have the power to tighten
regulations on the industry, unfortunately, the opposite
seems to have happened in these trying times. In
many countries, governments have protected and
even promoted the TI. Tobacco is already responsible
for about 8 million annual deaths globally1 and health
and productivity losses cost around US $1.4 trillion
every year.2 Yet, governments were persuaded to
accommodate the demands and lobbying of this harmful
industry and accept its charity as shown in the Global
Tobacco Industry Interference Index 2021 (the Index).
Although governments identified tobacco industry
interference as a main obstacle3 to their efforts to
implement tobacco control measures, many became
vulnerable to the industry’s tactics, succumbed to its
interference and compromised on their policies to
protect public health from commercial interests.
Several governments were persuaded by the doubletalk
of transnational tobacco companies such as Philip Morris
International (PMI), British American Tobacco (BAT)
and Japan Tobacco International (JTI), which offered
new tobacco products for approval and claimed they
were moving away from cigarettes. In reality, they were
selling more cigarettes and simultaneously obstructing
government regulatory efforts that would affect
cigarette sales.Global Tobacco Industry Interference Index 2021 03
The TI exploited the COVID-19 pandemic with a multi- This Index is based on publicly available information
pronged tactic to entice, persuade and coerce governments on TI interference in countries and their respective
towards weaker public health policies. Many governments, governments’ responses to this interference for the
made vulnerable by the pandemic, freely accepted and period of January 2019 to March 2021 for 23 new
endorsed charity from the TI, when such donations countries, and January 2020 to March 2021 for the 57
often come with strings attached, and compromised on countries updating their reports. Since the information
policies. Instead of removing benefits to the industry, many was collected during the COVID-19 pandemic, many
governments made decisions that benefited the industry, of the key findings are directly related to pandemic
particularly in lowering or not imposing taxes and delaying decision-making. The countries are ranked (Figure
legislation or its implementation. 1) according to total scores provided by civil society
groups, which prepared their respective country indices.
Many government officials met with industry executives The lower the score, the lower the overall level of
in a non-transparent manner and were persuaded to interference, which augurs well for the country. The
allow this business to function as “essential” during the Summary Table (p.44) provides disaggregated scores for
pandemic lockdowns. Conflict of interest situations each country.
rendered officials vulnerable to accept proposals from the
industry and view it as a “partner” of economic recovery This Index shows that while no country has been
rather than a burden to public health and society. spared from TI interference, even in the most
challenging of times some governments acted boldly
This Index, the third in the series, documents the status to address the interference. Eighteen countries
of government efforts in implementing the World have made improvements in protecting their health
Health Organization (WHO) Framework Convention policies, especially in applying greater transparency, not
on Tobacco Control (FCTC) Article 5.3. Article 5.3 and collaborating with the industry and adopting guidelines
its Guidelines outline how governments can protect to provide a procedure for interaction with the industry.
public health policies from commercial and other
vested interest of the TI and those who further its
interests.4 Governments that followed these Guidelines
were better able to safeguard their tobacco control
efforts during the pandemic, while governments that
didn’t found their efforts being undermined, delayed or
defeated by the industry.
The first Index in 2019 reviewed 33 countries,5 the
second Index reviewed 57 countries6 and this third
Index reviews 80 countries from Africa, the Eastern
Mediterranean region, Latin and North America,
Europe, South and Southeast Asia and the Western
Pacific region. It ranks the countries using the same
questionnaire and scoring method as the ASEAN Index
developed by the Southeast Asia Tobacco Control
Alliance (SEATCA).704 STOP
Figure 1: Tobacco industry
interference overall country ranking
96
15 Brune
public
32 U
30 Ne
ican Re
d 92
i Dar ussala
nited
35
w Zeal
er lan
Th
83
33
Kingd
Domin
n 88
e N Mon
34
0
39
sia
R o r gia 8
Switz
79
Fran
one
eth
and
38 mic nya
Uga ds
Ira
m
Japa
om
nia
n,
er l
Ind
ce
0
o
nda
Isla
ma
Ge
an
78
m 9
7
10
78 77
go .
b ia
39
ly
40
lia
Ita
20
Re
41 n
a in a
Ke
Za
rd
p
Th Pala 30
Jo gent 6
a
A r .A 7
u 6
43 iland
40
a7
44 Israe 50 U.S ombi
l
44 Ne l 60 Co a 76
N o p al in
45 rw 70 Ch a 73
Sri L ay a n zani
80 T 2
47 O ka
an ey 7
90
Tur k
man on 72
48 C Leban
100
osta R 72
ica Lao PDR
4 8 G abo
n Guatemala 72
48 Maldives
Bangladesh 72
48 Pakistan Ecuador 71
49 Cambodia Paraguay
69
ia Germ
49 Ethiop any 68
uguay Boliv
49 Ur i a 67
na Mal
B o tswa aysi
a 66
50 ire U kr
e d’Ivo a aine
Cô t
agu
So
u 64
50 icar an Mo th Afr
N
50 Sud a Ira zamb ca 64
i
51 ad q
6 i qu
an ria Eg
C yp 4 e6
53 Nige r u t6 4
e 4
So akh
53 3 P
lom sta
Ka c h R
d
5
lan
z
r
Cz
o n n 63
My vado
Po
Ven uras
Sen ar
e
Isl
53
nm
Ho
an
l
l
ega
Sa
e
The
in
ds
a
z
ep.
Pana
nd
e
El
Spa
uel
Fiji 58
63
exico
pu
Brazil 58
ile
Vietnam 57
54
India 57
ea, R
a
57 Burkina Faso
Phili
a6
b
56 Ghan
54
56 Ch
54
54
ma 5
lic
0
55 M
5
ppin
61
Kor
9
8
es 5
55
8
The lower the score,
the better the ranking 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100Global Tobacco Industry Interference Index 2021 05
LEAST INTERFERENCE
15 30 32 33 34
BRUNEI DARUSSALAM NEW ZEALAND UNITED KINGDOM FRANCE UGANDA
MOST INTERFERENCE
96 92 88 83 80
DOMINICAN REPUBLIC SWITZERLAND JAPAN INDONESIA GEORGIA06 STOP
Three governments made progress
toward protecting their policies from
tobacco industry interference.
Botswana published its tobacco control law, which
limits interaction between the government and the TI and
prohibits partnerships with and giving incentives to the TI.
The Indian Health Ministry adopted a code of conduct
restricting the collaboration of officials with tobacco
industries, while in Cambodia, the Ministry of Education,
Youth and Sports banned all forms of partnership
Key Findings
between the TI and educational facilities.
Health ministries, hospitals, health
workers and law enforcement agencies
in many countries were targeted by
increased pandemic-related corporate
social responsibility (CSR) activities.
Seven countries reported not receiving tobacco-related
CSR, while many others, including at least six countries
with bans or restrictions on tobacco-related CSR
activities, accepted charity from the industry during the
pandemic. Some departments of health, who are front-
liners in treating tobacco-related diseases, welcomed TI
donations of ventilators, personal protective equipment
(PPE) and funds. Agencies that enforce smoke-free and
illicit tobacco trade policies received donations, PPE and
ambulances from the TI.
Many governments compromised
on tobacco tax policies.
At least eleven countries that received CSR charity
from the industry compromised on their tax policies.
Governments accepted TI proposals using the
pandemic as a justification to apply lower taxes, provide
a longer period in which to pay taxes or not to increase
taxes on tobacco. Tax increases were defeated in
several countries.Global Tobacco Industry Interference Index 2021 07
At least 10 governments deemed Governments forged agreements
the tobacco industry and cigarettes instead of regulations.
“essential” during the pandemic.
The TI effectively secured collaboration with
Governments, national and provincial, allowed the TI to governments in at least eleven countries through
operate during the pandemic and some deemed cigarettes agreements, training programs and enforcement
as essential items to be sold during lockdowns. Governments activities, especially on illicit trade. This is contrary to
that banned tobacco production during lockdown were the FCTC requirements to limit TI interactions to only
often challenged by “tobacco-friendly” departments to when strictly necessary for regulation. Collaborative
reverse their decision or were even sued by the industry. agreements to address illicit trade of tobacco were
negotiated in Colombia, the Dominican Republic,
Ethiopia, Italy and the Netherlands.
The TI convinced lawmakers in four
countries to treat new tobacco
Conflicts of interest arose with
products differently and favorably.
former government officials moving
Lawmakers in Kenya, Lebanon, Egypt and Spain to the TI, and TI executives moving to
were persuaded to regulate electronic nicotine delivery policymaking.
systems (ENDS) and heated tobacco products (HTPs)
differently from conventional tobacco products and, in Lawmakers made themselves vulnerable to industry
some cases, even reverse previous bans on them. interference by accepting political donations, being
directly involved in the tobacco business or through the
“revolving door” of former public officials joining the TI
and vice versa. Nine countries reported revolving door
The TI sabotaged tobacco control appointments. In Argentina, Colombia, Fiji, Georgia
legislation in several countries. and Paraguay former tobacco company executives
were appointed as senior public officials.
There were delays in the tabling of tobacco control legislation
in Tanzania and Zambia, while the implementation of
existing legislation, particularly prominent pictorial health
warnings (PHW), were postponed in Ethiopia and Bolivia. Non-Parties faced high levels
Plain packaging legislation stalled in Georgia and Turkey. of interference.
Five countries that have remained non-Parties to the
WHO FCTC, namely Argentina, the Dominican
Senior officials in several countries Republic, Indonesia, Switzerland and the U.S.A,
promoted the tobacco industry. faced high levels of TI interference that has undermined
tobacco control outcomes. These governments
Tobacco companies secured visits for inauguration
supported tobacco businesses by providing incentives,
ceremonies at their factories from heads of state,
sustaining industry-friendly legislation and promoting the
ministers or other high-ranking officials in Brazil, Fiji,
TI internationally.
Germany, Kenya and Zambia. Media publicity of
these visits implies a “stamp of approval” from high offices,
which in turn is likely to compromise future regulation.
Senior officials in Pakistan, Nicaragua and Poland
participated in industry activities related to the economy.08 STOP
01
The tobacco industry
interfered in policy
development and
implementationGlobal Tobacco Industry Interference Index 2021 09
Many countries reported their government neither
offers the TI a seat at the policy table nor accepts any
offer for assistance by or in collaboration with the
TI in setting or implementing public health policies.
However, more needs to be done.
Thailand, Kenya, Gabon and Nigeria have legislated tax increase on tobacco products in 2020.13 There is no
this restriction. However, the TI still found ways to explicit statement on why the additional tax was not
interfere with policy and delay legislation (see Figure 2). imposed on tobacco; however, there is a memorandum
The industry’s main tactic was to target non-health of understanding (MOU) between the National Tobacco
departments to elicit support. Policymakers Enterprise and the government to provide technical
succumbed to interference mainly related to tax policy, assistance and capacity-building training to support the
delaying tobacco control legislation and legalizing new control of illicit trade.14
tobacco products.
In Paraguay the bill proposing higher taxes was
defeated three times in five years after accepting input
DEFEATING EFFECTIVE TAX POLICIES from the tobacco industry.15, 16
USING ILLICIT TRADE ARGUMENTS
In Argentina, a non-Party to the WHO FCTC, the tax
Despite global tobacco profits, the TI defeated tax reform law lowered the tax burden on cigarettes, from
increases in Chile, Ethiopia, Malaysia, Paraguay 75% to 70%, resulting in cheaper cigarettes and enabling
and Tanzania. And, against the recommendations of bigger companies (BAT and PMI) to earn higher profits.17
the World Bank,8 WHO9 and STOP,10 several other
governments succumbed to TI pressure not to increase In Colombia, in September 2020, a Congress
tobacco taxes as a measure to support COVID representative submitted Bill 339 to create tax
economic recovery (“building back better”). benefits for PMI.18
The TI continued to effectively use illicit trade Evidence obtained through a freedom of information
arguments to influence governments not to increase request in Germany revealed that between 2018
tax. The industry’s rhetoric is that tobacco smuggling and 2020, the TI had five meetings with the Ministry
is exacerbated by tax increases and results in losses of Finance that resulted in an industry-friendly
to government revenue. For instance, BAT met with “modernization of tobacco taxation” plan19, 20 in
Chile’s Undersecretary of Finance in June 2020 to February 2021.
discuss “the illicit trade in cigarettes in Chile, the dangers The TI lobbied governments to maintain inefficient,
to the population, the losses it entails to the State from multi-tiered taxation systems in Indonesia (12 tiers21
tax evasion and measures to combat.”11 There was no for cigarettes and kreteks) and Myanmar (four tiers for
tax increase on tobacco after this meeting. Malaysia cigarettes and two tiers for cheroots). In Pakistan, the
also did not increase tax for the fifth consecutive year industry was unsuccessful in persuading the government
following an aggressive media campaign by the TI on the to revert the two-tier tax system back to three tiers.22
growing problem of illicit trade.12
In Bangladesh the government did not reduce
In Ethiopia, while the Council of Ministers granted taxes on bidi23 in the 2020-21 budget, even though
the Ministry of Finance authority to impose a 10% tax 10 parliamentarians called for the Finance Minister to
increase on excisable products each year, there was no reduce taxes on bidi in September 2020.10 STOP
Figure 2: Tobacco industry
interferes in policy development
2B
1 New Z
6
r u ne
s1
2T
i ne
1 Nor
9
i Da
1 Th
a 18
6
Japan 1
he
lipp
ey 1
ealand
a 1 16
r us s
Ne carag au
Gu an 16
Phi
Chin
ailand
way
2K
la
Tur k
2
the
a
alam
6
The
Ge tem
2
N
0
eny
d
r lan
Un
i
Jor
15
a
Za o r g i
ite
a
2
5
ds
2
15 n d 1
bia
d
ua
Pa m
Kin
4
m
4 3 . A a 15
l
rl 5
g
Su S
Ca U. itze ia 1 blic
do
6
mb dan ep u
od
8
Sw ones nR
4 E 4 Eg ia Ind ic a
min 15
10
l Sa y
lva pt 12 Do mbia
do lo
4 Ir r 14 Co a 14
an, I
slam
4F
iji a n zani
T 3
ine 1
16
ic R
4 Ko ep 18
U kr a
re a , R . ay 13
ep. Paragu
20
4 Mya
nmar Italy 13
4 Nepal Ecuador 13
4 Pakistan Romania 12
4 Senegal Malaysia 12
Vietnam
4 Sri Lanka 11
a Venez
4 Ugand uela 1
1
Per u
swana 11
5 Bot Pan
abon ama
11
5G Nig
es eria
M aldiv Lao 11
5 olia
ong n Br PDR
5 M
ma
a
Ba zil 1 11
5 O ada ng 1
n So lad
Ca Rica lo
m esh
6
sta nce on 10
Po bano an 9
Co Fra Is l
lan
Le
Sp e l
6 an
6
d
a
ds
Ka opia 9
7 A r ugu n
Isr
9
i
9
a
Eth ia 9
zak
ay
6
n9
Bol
erm ina
hst
i
6
Sou
any
Me x i
iv
nt
hana
Iraq 8
as
6U
Czech Rep
r ge
7 India
Côte d’Ivoire 8
th A
bique
Chile 8
8 Bur kina Faso
ndur
7G
co 8
7G
frica
7 Ho
7 Mozam
8
ublic 8
The lower the score,
the better the ranking 0-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20Global Tobacco Industry Interference Index 2021 11
DELAYING LEGISLATION AND
COMPLIANCE TO UNDERMINE EFFECTIVE
TOBACCO CONTROL MEASURES
“
The tobacco industry has
had no qualms about taking
advantage of the COVID-19
Tobacco industry interference delayed omnibus
tobacco control laws in several countries including,
pandemic, attempting to
Guatemala (2018), South Africa (2018), Tanzania sanitize its image through
(2017) and Zambia (2016).
providing assistance
In Guatemala, the Control of Tobacco Products Bill to governments, while
was presented to the Congress and discussed in six
meetings by Deputies of the Health Commission from continuing to interfere
April to August 2019.24 During this period, the TI actively with implementation of the
participated in meetings and submitted its own drafts of
the proposal with detailed comments for each article. In WHO FCTC. Government-
August 2019, the TI was given extended time to provide wide implementation of
additional comments. The bill has not been discussed since.
Article 5.3 of the Convention
In Zambia and Tanzania, the Tobacco Control Bills
is the remedy to protect
were not tabled in Parliament. Zambia’s Tobacco
Products Control Bill of 2016, despite a multisectoral tobacco control policies
approach in its development, has been stalled because
from the predatory
the TI influenced several ministries to support the
growth of the industry, including the ministries of practices of an industry that
Commerce, Trade and Industry;25 Finance;26 and produces a product that kills
”
Agriculture.27 Tanzania neither banned tobacco
advertising nor increased tobacco tax and allowed at least half of its users.
sales of single sticks. Though efforts to update their old
law started in 2007, the bill has not been tabled and
continues to languish. Meanwhile cigarette promotions
continue, and a new brand was launched in Tanzania Dr. Adriana Blanco Marquizo,
in August 2020 using a popular local artist as its Head of the Secretariat of the WHO FCTC
brand ambassador.28
While some governments accommodated these delays,
others failed to take action against companies for non-
compliance of existing legislation.
Burkina Faso’s 2015 Decree to implement pictorial
health warnings (PHW)29 was delayed for four years and
came into force finally on July 1, 2019. Imperial Brands,
which controls 80% of the local cigarette market, raised
several issues with the government including: there is no
evidence PHW will motivate consumers to quit; not all
their tobacco packs should carry these new warnings;
and they were not consulted about plain packaging as
mentioned in the Decree.30 Similarly in Lao PDR, after12 STOP
accommodating a delay in the implementation of the represented PMI in its case against Uruguay,38 to obtain
75% PHW on cigarette packs, action could not be taken Pfizer vaccines for Uruguay. There is no publicly available
against Imperial Brands subsidiary Lao Tobacco Limited evidence to directly connect the approval for ESDs to
for continued non-compliance because the draft Penalty the meeting on vaccines, however the tobacco industry
Decree of the Tobacco Control Law, which penalizes stands to gain from this decision.
companies for violating the law, is delayed.
During the reform of the General Law for Tobacco
Control in Mexico between January 2020 and March
YIELDING TO LOBBYING AND ALLOWING 2021, there were 11 proposals made through the
ELECTRONIC SMOKING DEVICES Economy Commission of Chamber of Deputies to
weaken the regulation of ENDS. Earlier in 2019, there
Following the U.S.A FDA’s approval of the sale of were four initiatives with the same objective. Pro-
IQOS in July 2020,31 PMI lobbied at a hearing by the tobacco industry lobbying has clearly intensified with
Knesset Economic Affairs Committee in Israel to the Ministry of Economy39 on proposals for allowing the
change the definition of alternative products. PMI sales of alternative products.40
claimed IQOS does not fall under the same category
as cigarettes.32 The chairman of the committee rejected In Georgia, the Business Association of Georgia
PMI’s request by referring the company to the Ministry (BAG), a group that represents TI interests,41 promoted
of Health and stating that the committee would not act PMI’s IQOS to the Parliament several times.42 PMI
on the issue.33 had contributed US $37,722 to BAG to “fight against
COVID-19 and minimize its negative effects on
At a later hearing of the Knesset Labor, Welfare and Georgian economy.”43 BAG wrote to the Business
Health Committee in September 2020, a PMI consultant Ombudsman’s Office with a legislative proposal to
was prevented from continuing an argument for reduced amend the tobacco control regulations to accommodate
harm when parliamentarians and public health officials e-cigarettes and novel products. The Ombudsman’s
forcibly protested the granting of a right to speak by a TI Office had regular consultations with TI representatives
representative.34 According to the committee, the U.S.A and then drafted and sent pro-TI legislative proposals to
FDA’s announcement did not change the regulatory the government and the parliament.44, 45
status of IQOS in Israel.35 PMI’s requests to meet with
the Ministry of Health were declined. In the Philippines, while the Food and Drug
Administration (FDA) is mandated by law to regulate
Policymakers and legislators in several other countries ENDS and HTPs, the Congress deliberated on bills that
were persuaded by the TI and its representatives aimed to weaken the law and replace the FDA’s authority
to approve electronic smoking devices (ESDs) such to regulate these products. In Congress committee
as HTPs and ENDS. Lobbying was often conducted hearings, representatives of the tobacco and vaping
with parliamentarians or took place through industries46 were invited to provide their opinions and
parliamentary hearings. propose amendments to the bills. The final committee
Bolivia’s draft Law 1280 originally set out to ban report (House Bill 9007) adopted the concept of “harm
ESDs; however, the ban was removed in October 2019 reduction” as a state policy47 with provisions favoring the
because tobacco companies assured lawmakers “there industry, including: lowering the minimum age of sale from
is still no scientific basis to corroborate that they are 21 to 18 years and allowing advertisements, promotions
harmful.”36 In Uruguay, in March 2021, the government and sponsorships, multiple flavors, online sales and indoor
revised its ban on ESDs, instituted in 2009, to allow vaping. The FDA’s authority on ENDs and HTPs was
the marketing and sale of HTPs (such as PMI’s IQOS), then passed to the Department of Trade and Industry.48
while maintaining its ban on ENDS.37 This decision Media professionals with ties to PMI promoted pro-
was announced soon after the government had a harm-reduction messages following a visit to its factory in
meeting, which involved a lawyer who had previously Lausanne, Switzerland.49, 50Global Tobacco Industry Interference Index 2021 13 Prior to the passage of the Vaping Bill in New Zealand in 2020, there was strong and organized opposition from the TI-affiliated organizations and opposition political parties. The Parliament’s Health Select Committee received submissions from several vaping and tobacco companies, including BAT New Zealand, JTI, Imperial Brands New Zealand, Nicoventures Trading Ltd (BAT) and Juul Labs (Altria).51, 52, 53, 54 Submissions to the Health Select Committee were made by at least four organizations identified as having an association with the TI. These organizations pressured the government to halt, delay or relax the proposed vaping regulations. While all published TI-related submissions committed to preventing youth access to their products, the aggressive global and local marketing and sponsorship campaigns by the TI often targeted young people. In Italy, the government allowed TI lobbyists to present their company’s position on issues and new tobacco products using technical analyses and economic data.55 Following strong opposition to a tax increase on tobacco products by industry-friendly ministries and parliamentarians,56 HTPs have only a quarter of the tax of conventional cigarettes57 on the basis that they pose lower health risks. Lobbied by tobacco companies, the national standards body in a few countries developed specifications to legitimize and legalize ENDS and HTPs, bypassing regulation by their departments of health. In Indonesia, with the active participation of PMI subsidiary PT HM Sampoerna, the Ministry of Industry encouraged registration of both products under the Indonesian National Standard to be applied to HTPs and ENDS in 2020.58 In Vietnam, also after PMI lobbying,59 three national standards were issued by the Ministry of Science and Technology on HTPs60 determining nitrogen oxides content, carbon monoxide content and general specifications.
14 STOP
02
The tobacco
industry’s pandemic-
related corporate
social responsibility
(CSR) activities
enhanced access
to senior officialsGlobal Tobacco Industry Interference Index 2021 15
The TI uses CSR as a corporate strategy to repair and
build its public image and divert attention away from
the harm it causes to society. These activities are a
form of promotion, which is why the FCTC Article 13
Guidelines call for their ban61 and Article 5.3 Guidelines
recommend these be de-normalized.
When governments accept charity from the tobacco In Myanmar, despite prohibitions on TI-sponsored CSR
industry, they become compromised in their role as activities,72 the TI contributed funds to the government
regulators of the industry. As the pandemic worsened during the pandemic. In March 2020, the Myanmar
in 2020, the TI targeted COVID-related CSR activities traditional cheroot producers’ association donated
at health departments (which are usually responsible US $25,000 to the National Central Committee on
for tobacco control), hospitals and medical professionals Prevention, Control and Treatment of Coronavirus
that were in desperate need for additional resources. Disease (COVID-19), which was received by the
Minister of Health.73
During the pandemic there was no reported tobacco-
related CSR charity in Chile, Côte d’lvoire, In the Philippines, in line with a Civil Service
Ethiopia, Gabon, New Zealand, the Netherlands Commission (CSC)-Department of Health (DOH)
and Norway. Joint Memorandum Circular (JMC), which prohibits
government agencies from accepting donations from the
Departments of health in many countries, however, TI, the DOH did not accept 30 ventilators sponsored
accepted and endorsed these CSR charities (see by PMI subsidiary, Philip Morris Fortune Tobacco
Appendix A) during the pandemic, effectively giving the Corporation (PMFTC) as part of a larger donation
TI positive publicity. of 400 ventilators by a Singapore foundation. Instead
The Minister/Secretary of Health in Lebanon,62 they redirected the ventilators to private hospitals.74
Malaysia,63 Myanmar64 and Tanzania65 publicly Pro-industry lawmakers criticized the DOH for not
welcomed charity from tobacco companies. Tobacco distributing these respirators to public hospitals.75 In
companies also contributed to national COVID-19 March, the DOH released Department Memorandum
funds in Kenya,66 Georgia,67 India,68 Pakistan69 and No. 2020-0156 reiterating the CSC-DOH JMC,
Turkey.70 As these were high-profile funds and often reminding all DOH staff that no donations or assistance
under the auspices of the head of state, contributors from the TI can be accepted. It also required all donors
received positive publicity. to submit a declaration of interest as an administrative
requirement for donations and partnerships.
In Georgia, the government publicized companies
that donated to the StopCov Fund as “organizations Nepal’s Tobacco Product Control and Regulatory
with high social responsibility.” After protests from local Directive 2014 prohibits tobacco manufacturers and
civil society organizations71 about the fake charity from related parties from providing any financial, technical,
tobacco companies, the government removed the logos material or structural assistance to educational
of BAT, PMI and JTI from the Fund’s site. seminaries, theaters, religious discourse or health
facilities operated by the government, non-government16 STOP
or private sectors. In April 2021, Surya Nepal, a There were other non-pandemic-related TI CSR
subsidiary of ITC Ltd, and BAT, were to sign a Rs 50 activities, which governments endorsed. PMI,86 BAT87 and
million MOU with the state-owned Kathmandu Institute JTI88 conducted public awareness campaigns on cigarette
of Child Health towards the construction of a children’s butt litter under the patronage of the Italian Ministry
hospital. Following protests from local civil society of Ecological Transition.
organizations against this sponsorship from a tobacco
company, the hospital rejected the money.76 Egypt has yet to ban TI sponsorship of sports, and
the Minister of Youth and Sports endorsed Eastern
In Guatemala and Lebanon, the TI met with ministers Company’s sponsorship of the 2021 Golden Cleopatra
and offered to repatriate citizens stranded overseas by International Chess Championship, which exposes young
the pandemic. In Guatemala, one month after their chess fans to TI brands and messaging.89
lockdown in April 2020, PMI offered a contribution
to the Ministry of Foreign Affairs towards helping 36 CSR activity was taken to a different level in Indonesia,
citizens stranded in the Dominican Republic due to the a non-Party to the WHO FCTC, with the ground-
pandemic.77 In Lebanon, the State-run Regie Libanaise breaking ceremony for the construction of the Kediri
des Tabacs et Tombacs met with the Ministers of Health International Airport sponsored by the largest local
and Finance offering to donate US $1 million to bring tobacco company, Gudang Garam, as part of the
back Lebanese students from abroad. This sum also government’s national strategic project in Kediri District,
included the offer to buy ventilators for COVID-19 East Java.90
patients. The donation was accepted at a Cabinet Handing checks to the police or armed forces is
meeting in March 2020, which Regie publicized.78 rarely done but the TI was able to use the pandemic
In Poland, Philip Morris Polska donated medical as a cover and disguise this type of charity as CSR
equipment and PPE to hospitals and received approval activities. In addition to PPE and hand sanitizers, TI
from the Office for Registration of Medicinal Products, charity also included ambulances and motor vehicles,
Medical Devices and Biocidal Products to convert part which were endorsed by army and police chiefs and
of its cigarette factory in Kraków to produce disinfectant promoted in mainstream and social media. Countries
for donating to health care institutions.79 In Germany, included: Brazil (one ambulance from Souza Cruz/
the health authority of Berlin accepted an offer BAT);91 China (18 ambulances co-sponsored by
from PMI to use its cigarette factory as a COVID-19 Shanghai Tobacco Group Corp, eight ambulances from
logistics center.80 Chongqing Tobacco Monopoly Bureau);92, 93 Italy
(35 cars from BAT since 2015);94 and the Philippines
In China, the State-owned TI donated about 456 million (two ambulances from PMFTC).95
yuan towards COVID-19-related CSR activities, and
strengthened its position as a “pillar of the economy”81 Philippine Congresswoman Loren Legarda observed
and continued to conduct more high-profile non- that there seemed to be misleading messages about
COVID-19 related charity around education,82 poverty the role of tobacco in the pandemic, with tobacco
alleviation,83 disaster relief 84 and the construction of companies styling themselves “as a vaccine developer
smoking rooms for a “civilized smoking environment.”85 and donor of PPE but they have, in fact, tried to get tax
Notably, China has not implemented a national 100% privileges and exemptions from quarantine rules for
smoke-free policy in line with the WHO FCTC. their supply chains.”96Global Tobacco Industry Interference Index 2021 17 03 The tobacco industry received incentives that benefitted its business
18 STOP
Article 5.3 calls on countries to not give benefits to
the TI, and several countries proved this was possible.
However, despite the pandemic lockdowns, social
isolation, human suffering and economic downturn,
the TI thrived in most countries.
The TI benefited from various tax breaks, and tobacco maintained the removal of duties for up to 3,000 tons
production, distribution and sales were not disrupted of tobacco leaves exported to Vietnam per year.103 The
as they were given permission to function through the Dominican Republic104 eliminated taxes on locally
pandemic. Some companies were even able to approve, produced tobacco.105
launch and promote new tobacco products. A few
countries temporarily stopped tobacco production, but In Argentina, the tax reform resulted in taxes on
strong lobbying by the industry or its representatives cigarettes being reduced from 75% to 70%.106 In
often reversed the stop order. Norway, the real (inflation-adjusted) tax rates on
tobacco products have been virtually unchanged since
2011,107 but in 2020 the government made a decision to
TAX BREAKS FOR THE INDUSTRY reduce tax on snus by 25%, effective January 1, 2021.108
From the data collected, in several countries where TI Lower tax rates were also applied to HTPs in several
CSR contributions were reported, the TI appears to countries. In the Czech Republic109 and Italy, HTPs
have also benefitted from much sought-after tax breaks. were taxed only a quarter that of regular cigarettes. In
Tax breaks in several countries come in the form of a Poland, the minimum excise duty for a pack of 20 sticks
delay in anticipated tax increases, tax exemptions, tax is approximately PLN 9.09, while for HTPs it is about
reductions, lowering tax levels for new products or the PLN 1.80 (20%).110
allowing of late tax payments (see Appendix A).
In Germany, benefits from a tax exemption for
Where CSR activities in Malaysia, Pakistan, Tanzania tobacco products that manufacturers offer their
and Zambia were reportedly intense, it was observed employees as an in-kind allowance, amounted to €5
that these countries did not impose any tax increases million (US $5.65 million) in 2020.111 Value-added
on tobacco in 2020. In Pakistan, while there was no tax (VAT), which applies to consumer products, are
federal excise duty imposed on tobacco, with cigarette exempted for tobacco in Guatemala and Costa Rica.
prices being low compared to other countries,97 there Costa Rica loses about US $5 million a year by not
was a withdrawal of advance tax on tobacco growers, collecting VAT.
which helped increase exports of tobacco.98, 99
However, some governments acted in the interest of
The following countries also reported increased CSR public health and treated ENDS and HTPs as tobacco
activity in the reporting period, and further evidence products. This means the same tax rates apply. In June
showed that Myanmar100 gave tax exemptions to 2020, the Italian National Health Institute rejected an
cheroots, cigars and raw tobacco for annual production application by PMI to have its IQOS HTP classed as less
costs not exceeding US $12,000. Cambodia101, 102 risky than smoking cigarettes.112Global Tobacco Industry Interference Index 2021 19
HARMFUL PRODUCTS TREATED AS APPROVALS OF NEW TOBACCO
“ESSENTIAL” DURING THE PANDEMIC PRODUCTS DURING THE PANDEMIC
After the TI lobbied certain government agencies to BAT registered its oral nicotine pouch product, Lyft, with
consider cigarettes “essential” products, these agencies the Kenyan Pharmacy and Poisons Board, classifying
often acted on behalf of the industry to promote the it as a drug to shield Lyft from being regulated as a
TI’s interests. In Bangladesh, the Ministry of Industries tobacco product.128 However, following interventions by
granted special permissions to BAT and JTI in April 2020 tobacco control advocates in April 2021 the government
to continue manufacturing, purchasing leaf, supplying reclassified Lyft to be regulated as a tobacco product.129
finished goods and distributing them amid a nationwide
COVID-19 shutdown.13, 14 A request from the Ministry PMI started sales of IQOS in Lebanon in February
of Health and Family Welfare to withdraw such special 2020. In Egypt, it reported working with regulators to
permissions15 was quickly turned down.16 In Botswana, obtain approval for sales, while the Ministry of Finance
cigarette sales and importation were banned during the was determining the tax rate for HTPs.130, 131 BAT
lockdown in April 2020; however, the ban was lifted after launched its Glo HTP in Spain in 2020.
pressure from the TI.117
OTHER BENEFITS GIVEN TO THE
The Jordanian government considered tobacco
products essential and allowed distributors and retailers TOBACCO INDUSTRY
to open up businesses during the early easing of the The Ugandan government sought a supplementary
pandemic lockdown.118 budget of about UGX 11.2 billion (US $3.08 million) to
New Zealand designated a tobacco factory as an compensate tobacco farmers after the industry refused
“essential business” and permitted it to continue during to pay them despite contracts with them.132 While it is
the COVID-19 lockdown.119 The Association of Brazilian not a direct benefit given to the industry, it nevertheless
Tobacco Growers, AFUBRA, lobbied city authorities to benefitted by not paying what was reportedly due to
allow cigarette production. In June 2020, the city mayor of the farmers.
Venâncio Aires, where six tobacco companies are located, The TI was endorsed in Mozambique with the
authorized the tobacco plants to function at full capacity.120 President announcing China would import 60,000 tons
The Ministry of Industry and Trade in Sudan121 deemed of tobacco produced in Mozambique by February 2020
cigarettes essential commodities, as did the Malaysian and expressed the need to boost production.133
Deputy Domestic Trade Minister, claiming cigarettes Governments accommodated delays in the
could be sold during the lockdown because they were implementation of PHW in Ethiopia134 and in
“essential to cigarette addicts.”122 New York City also Bolivia,135 and postponed plain packaging in
deemed tobacco and e-cigarettes “essential” during Georgia136 and Turkey.137
the pandemic.123
Cigarettes were initially listed as “essential” in Kenya
in April 2020,124 and BAT even relaunched its cigarette
brands.125 But in March 2021, through a Special Issue of the
Kenya Gazette Supplement,126 the government dropped
tobacco products from its list of essential products.
In Iraq, the Ministry of Trade distributed locally
produced Somar cigarettes together with the free
food ration program to poor families.12720 STOP
04
Inappropriate
interactions
occurred between
governments and
the industryGlobal Tobacco Industry Interference Index 2021 21
The COVID-19 pandemic restrictions limited gatherings
and public events in 2020; however, the TI managed to
foster relationships with and receive endorsements
from high-level officials and politicians (see Figure 3).
In several countries, the TI secured face-to-face meetings When reported in the media, these types of visits
with heads of state or their office, ministers or other provide additional endorsement for the companies,
high-ranking officials to seek endorsement of its business undermining the public understanding that tobacco is a
such as inauguration ceremonies or factory visits (see harmful and regulated product. Such visits may be seen
Table 1). For example, in Germany, the Prime Minister as unnecessary interactions. Without a clear policy that
of Saxony endorsed PMI as a “business partner,” posting limits TI and government interactions to “only when
pictures of his factory visit on his official Facebook138 and strictly necessary for regulation purposes”, government
Twitter accounts.139 officials will continue to participate in TI sponsored
events and appear jointly on public platforms.
TABLE 1: ENDORSEMENT OF TOBACCO BUSINESSES BY OFFICIALS
COUNTRY OFFICIAL VISITS
Brazil Governor of Rio Grande do Sul Visited PMI factory140
Fiji Attorney General Opened BAT’s new factory141
Prime Minister of Lower Saxony Visited Reemtsma tobacco factory142
Germany
Prime Minister of Saxony Visited opening of PMI’s logistics center143
Visited BAT headquarters in Nairobi
Kenya National Environment Management Authority
to mark World Environment Day 2020144
Acting Minister of Commerce, Trade and Industry Visited BAT factory in Lusaka145
Zambia
Former President Toured premises of JTI in Chipata14622 STOP
Figure 3: Governments engage in unnecessary
interaction with the tobacco industry
0 Br unei
15
lic
0 C os
ia 15
Dar ussala
5
pub
DR 1
15
0M
Re
5
R oman
an 1
ta Rica
0 Isr
sia
5
n
Lao P
ong
ica
ia 1
one
0S
1
5
m
Jord
1 G Re p
min
ael
a1
Ko
olia
Ar omb
uda
Ind
14
0
rea anda
n
Do
2
abo .
i
1
Ho nt
as
n
l
2
Co
N
,
ge
Ug ives
ur
2
n
ew
13 3
nd
M
4
Ze
ald
2 ly 1
ina ia 12
a lan
6
It a
Se d h
2 ne 8
C org
Th
aila al
g 12
10 Ge ador
3 n 1
d Ecu am 1
3 M Kenya
12
tn
yan 14 Vie ne 11
m ai 11
3 N ar 16 U kr land
epa t z e r
3 No l Swi es 11
18
rway 20 e P h ilippin
Th
3 Pala 11
3 United
u Panama
Kingdom India 11
4 Cambodia Burkina Faso 11
4 France Brazil 11
4 Ghana Solomon
Islands 1
p. Nigeri 0
lamic Re a 10
4 Iran, Is Me x
Lanka ico 1
4 Sri y Japa 0
ugua n1
4 Ur ire Eth 0
iop
te d’Ivo ic Bo ia 1
ô bl livi 0
5C epu la a
mb 10
R Za
h a
C zec a tem an So ia
5 u
5 G zakhs ain
t Ira uth A 9
q fric
K a Sp ia 9 a9
5 5 an
Fij Salva
nz
i9
El
ez ey
Ta
rk
5
Par ragu
6 G swan a
el
Tu
Nic t 8
a
u
a
5
do
gua a 8
Egy
any
a
n
Chil
ique
r9
Ve
y8
Cana
ds
p
er m
ot
Bangla
ru
U.S.A 7
5
nd
r lan
Oman 7
Pakistan 7
e8
7 Malaysia
7 Lebanon
6B
amb
6 Pe
6 Pola
da 8
ethe
z
desh 8
o
6M
he N
6T
The lower the score,
the better the ranking 0-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20Global Tobacco Industry Interference Index 2021 23
“
In Pakistan, two officials from the Prime Minister’s
office officiated the “Made in Pakistan” inauguration
ceremony of BAT’s subsidiary, Pakistan Tobacco
Company, stating the export initiative complemented
The newest edition of the
the Prime Minister’s ambition of “Making Pakistan Index updates and broadens
business friendly.” During the event, BAT’s new tobacco
product, Velo, was launched.147
the scope of this invaluable
tool to support accelerated
In Nicaragua, unnecessary interaction with the TI was
reframed by city officials as boosting tourism. The Estelí implementation of the WHO
cigar festival was organized in collaboration with the FCTC. Translating Article 5.3
local government148 where the basis of the interaction
was related to cigar commercialization and promoting and its Guidelines into
the city as a tourist destination for cigars. national legislation and codes
In Poland, with Philip Morris Polska (PMP) as a partner is essential and more urgent
and speaker, the Association of Business Service Leaders
hosted an on-site and online forum, “Crisis Boosting
than ever given the tobacco
Investments,” where speakers included the Prime industry’s insincere
Minister and Deputy Prime Minister. During the forum
‘redemption’ narrative in
to discuss post-COVID economic recovery, PMP’s
participation in the event elevated its business profile recent years. The industry
and provided networking opportunities.149
is proposing solutions to a
problem they have created,
COLLABORATION BETWEEN THE TI AND
GOVERNMENTS THROUGH AGREEMENTS and we need to go back
AND TRAINING to the basics and stop all
Article 5.3 Guidelines clarify that interactions with the industry interference in
”
TI should be limited to only when strictly necessary. The public health policies.
TI, however, collaborates with governments through
agreements, training programs and enforcement
activities, which effectively sustain interactions, some
of which continue for many years. The industry Dr. Douglas W. Bettcher, Senior Advisor,
strategically focused on building agreements with Director-General’s Office,
specific departments on illicit trade, as this enabled it World Health Organization
to collaborate with the agencies involved in developing
tax policies, such as customs or commerce departments,
and their enforcement, such as the police.
Table 2 shows TI agreements with countries who are all
Parties to the FCTC. However, many of them have not
ratified the Protocol to Eliminate Illicit Trade in Tobacco
Products (ITP).150 Parties to the FCTC, even if not a
Party to the ITP, are bound by Article 5.3 and need to
terminate agreements with the TI. In 2020, Egypt and
the Netherlands ratified the ITP.24 STOP
TABLE 2: AGREEMENTS, TRAINING AND ENFORCEMENT WITH THE TOBACCO INDUSTRY
FCTC PARTIES ITP AGREEMENT/ TRAINING/ ENFORCEMENT
The National Federation of Departments’ agreement with
1. Colombia Signed in 2013, not ratified
PMI to address illicit trade (US $500,000).151
PMI conducted training on illicit trade for Egyptian
2. Egypt Party since September 2020
Customs Authority officials.152
JTI/National Tobacco Enterprise MOU with Customs
3. Ethiopia Not a Party Commission under the Ministry of Revenue to address
illicit trade.153
Agreement with BAT (2015–2021) provides 35 cars and
4. Italy Not a Party
addresses illicit trade.154
TI MOU with Dutch Customs focused on combatting
5. The Netherlands Party since July 2020
fraud and smuggling.155
The Ministry of Production convened a working group
against illicit trade comprising officials (SUNAT, Public
6. Peru Not a Party
Ministry, National Police, INDECOPI) and the Tobacco
Committee of the National Society of Industry.156
Enforcement and Security Service, Bureau of Customs,
7. Philippines Not a Party
destroyed smuggled cigarettes witnessed by JTI.157
JTI partnership with the Customs and Police since 2013,
8. Romania Not a Party
renewed annually.158
BATSA collaboration with South African Police Services
9. South Africa Signed in 2013, not ratified and South African Revenue Service to address illicit
trade of tobacco.159
Countries that partner with the TI on illicit trade issues awareness program on the “Impact of Smuggling Before
may be dissuaded from ratifying the ITP. El Salvador’s and After COVID” involving the Attorney General’s
attempt to ratify the ITP in July 2018, was thwarted Office, Customs Department and UNODC.161 In
after BAT intervened through the Ministry of Foreign Malaysia, JTI presented nine cars and two motorcycles
Affairs and claimed, “It is premature to promote that to the Inspector General of Police for enforcement
this ratification will be the solution to the problem that of illicit trade, endorsed by the Japanese Ambassador
El Salvador has today with respect to the illicit tobacco to Malaysia.162
trade.”160 Instead, in 2020, BAT and PMI conducted anGlobal Tobacco Industry Interference Index 2021 25
TOBACCO COMPANIES BOOST THEIR In the Philippines, PMFTC, through its charity program,
IMAGE WHEN GIVEN AWARDS donated two ambulances to the armed forces in March
for their frontline role in managing the pandemic,171 and
Another activity that undermines Article 5.3 Guidelines in July the Armed Forces chief awarded PMFTC the
is when senior government officials present awards to stakeholder’s award.
tobacco companies. These trivial awards, which were
regularly received by the TI, enhance their reputation as
exemplary corporate citizens. (Table 3).
TABLE 3: AWARDS GOVERNMENTS GAVE TO TOBACCO COMPANIES
COUNTRY OFFICIAL/DEPARTMENT AWARD COMPANY
Finance Minister/Chairman Token of appreciation
Bangladesh BAT
National Board of Revenue – among top tax paying companies163
Certificate of Appreciation
Egypt Finance Minister Philip Morris Misr
for paying tax on time164
Ministry for Gender, Prime Minister Prize for
KT&G
Equality and Family “Family-friendly Company”165
Korea
Presidential Prize for “Contributing
Ministry of Justice KT&G
to Law and Order”166
Armed Forces of the Stakeholder’s Award for CSR Philip Morris Fortune
Philippines – Project Embrace167 Tobacco Corp
Philippines
Armed Forces of the Kapayapaan Award for CSR Philip Morris Fortune
Philippines – Project Embrace168 Tobacco Corp
“Highest investment”,
Turkey Minister of Commerce Philip Morris Sabanci
“Highest production”169, 17026 STOP
05
Transparency
and accountability
decreasedGlobal Tobacco Industry Interference Index 2021 27
It was a challenge to assess government transparency
during COVID-19 lockdowns. Official meetings were
switched to a mostly online format and given less
visibility. Some face-to-face meetings were still
conducted with the TI, but not in a transparent
manner (see Figure 4).
Advocates used freedom of information (FOI) requests for transparency and accountability in government
to obtain information on unreported meetings that took dealings with the TI. However, the implementation and
place between the government and the TI. In 2020, it enforcement of the provisions of the Act and Regulations
was only upon inquiry through parliamentary requests violated this when state and federal government officials
for information that advocates discovered at least five allegedly held meetings and interacted with the TI without
meetings that occurred between the TI and high-level divulging the details to the public.
government officials in Germany.172, 173 Similarly in the
Ukraine, the Access to Public Information law174 made The importance of transparency and registering
it possible to obtain information such as the protocols lobbyists is exemplified in New Zealand’s experience.
of government meetings, agendas and participants The NZ Taxpayers Union and the NZ Initiative, two
lists. In Argentina, despite there being a government lobby groups with TI support, were regular contributors
website for meetings, not every meeting with the TI was to public debate and government submissions. Both
reported.175, 176 groups previously opposed plain packaging laws, tobacco
tax increases and vaping regulations.179, 180 In another
In Bangladesh, the National Board of Revenue case, a former BAT employee-turned-PR lobbyist was
conducted a pre-budget meeting with various industries, paid to anonymously attack anyone who proposed
including the Bangladesh Cigarette Manufacturers policy opposed by his tobacco, sugar and alcohol
Association, which proposed no increase in tax in the clients.181 This was revealed in a defamation suit filed by
coming financial year.177 three public health experts against him and the Food
and Grocery Council.182
In the Dominican Republic, the President held a
closed-door meeting with representatives of the TI and
senior government officials. During the meeting the
President assured them of the government’s protection
of the TI and the participation of a committee of
tobacco producers in promoting the industry.178
Nigeria’s National Tobacco Control Act stipulates that
all meetings involving the government and the industry
should be conducted in a transparent manner and the
details made readily available to the public (Section 25).
National Tobacco Control Regulations 2019 provide28 STOP
Figure 4: Lack of transparency
3 El Salva
10
a 10
10
zuela
3T
3H
0
3 Fra
Sud y 10
Zambi
guay
s1
he
ond
0
3 Fiji
Vene
10
l 1 land
d or
a1
Phi
ke
Ur u
nce
3P
u r as
an
s
So ank
lipp nd
Tur
nI
0
3 P iopi
e
0
Se omo
4
ru
L
10
ine
1
o
4
Sr i
Eth eny
la
ga
ia
s
Un
l
an 0
4
2
ne
ite 4 m ay 1
K
d
Kin Spa
a
5
3 o
R rw 0 0
No pal 1 que 1
Bu
a
r ki g d in 4
n a om i
5 C Faso
5 Ne amb
z 0
ana 6 Mo ives 1
5 C da Ma
l d 10
7
, R ep.
hile e a
5G 8 Kor n 10
5N abo khsta
ew Z n 9
Kaza
ealan 0
d Iraq 1
10
5 Nic
aragua ic Rep. 10
Iran, Islam
5 Oman Indonesia 10
5 Palau India 10
5 U.S.A Georgia 10
6 Brazil Dominic
an Repub
C lic 10
lam zech R
i Dar ussa epubli
6 Br une a Côte c 10
6 Chin d’Ivo
i
Cos re 10
ana ta R
6 Gh o Sw ica 1
exic itz 0
6M ia My er land
N iger Mo nmar
a 9
6 am
a n 9
a n Le go
a lia
6 P zani b
Gu ano 9
Ta n da at n9
6 gan e em
U in
Ge ypt 9 ia 9
6 ra ala
k
rm
9
Eg
m
U
Ca etna
6
an
Co via 9
ia
y9
7 E bod
Bo
or
l
Vi
o
Ban
mb
l
ad
li
m
rae
6
Lao
a
cu
Jorda
i
ds
glad
lays
s
Japan 8
kistan
7I
Italy 8
guay
r la n
7
Botswana 8
frica
Argentina 8
7 Thailand
PDR
Ma
esh
n8
ethe
7 Para
7 South A
7 Pa
7
9
8
he N
7T
The lower the score,
the better the ranking 1 2 3 4 5 6 7 8 9 10Global Tobacco Industry Interference Index 2021 29 06 Public officials faced conflicts of interest situations
30 STOP
Article 5.3 Guidelines recommend avoiding conflicts of
interest for government officials and enacting rules
to protect public health policies from TI interference.
In many countries, lawmakers have made themselves
vulnerable to industry interference by accepting
political donations from the TI, being involved in a
tobacco business or through a revolving door between
the TI and the government (see Table 4).
A revolving door of retiring senior government officials from the TI.188, 189 While such donations are permitted,
joining tobacco companies or industry executives taking Article 5.3 Guidelines state, “Payments, gifts and services,
up senior government positions creates opportunities for monetary or in-kind, and research funding offered by the
undue industry influence on tobacco control policies. Table tobacco industry to government institutions, officials or
4 shows a sample of countries with this type of career employees can create conflicts of interest.”190
movement of former officials and industry executives.
Ukraine law prohibits all forms of financial or other
Uruguay’s Decree 284/008 prohibits all forms support by the TI for events, activities, individuals,
of sponsorship of tobacco companies, including or groups, including political parties or politicians,
donations.183 Despite this, the largest tobacco company sportsmen or sports teams, artists or artist groups,
in Uruguay, Monte Paz, contributed US $13,000184, 185 and educational institutions of any form or ownership.
towards the election campaign of the President’s party. The law also prohibits the TI from providing financial
support to educational campaigns or events for the
A former President of Paraguay (2013-2018) is public, including youth smoking prevention programs.191
the majority shareholder of Tabacalera del Este S.A. Nigeria’s National Tobacco Control Act disallows
(TABESA), the largest tobacco company in Paraguay. funding of political parties by the TI,192 but it is a
Since TABESA is a major contributor to Paraguayan tax challenge to ascertain any breach of this law as funding
revenues186 and owned by a politician who is also one of of political parties in Nigeria is not transparent.
the country’s wealthiest businessmen, he has influence in
determining tax policy. The importance of separating legislators from the TI is
illustrated in Pakistan, where a senator, who is also a
In the United Kingdom, although there is no local cigarette manufacturer, distributed cigarette packs
legislation specifically prohibiting the TI from donating illegally carrying the monogram of the Senate and
to political parties, candidates or campaigns, there without the legally required health warning or other
are general rules regulating political contributions packaging requirements in the parliament house.193
and the disclosure of such contributions. Donations
worth over GBP 7,500 to national political parties
must be declared.187 Several politicians who are senior
government officials have a history of receiving moneyYou can also read
