Legal Regulation of Tobacco Advertising to Consumers - Essay Example

LEGAL REGULATION OF TOBACCO ADVERTISING TO CONSUMERS By Introduction Tobacco is one of the drugs that are commonly abused by a majority of people since it is readily available and most societies legalise its consumption. Smoking has become a trend to most people and mostly for the youth with the global number of cigarette smokers skyrocketing each year. Statistics from the World Bank indicated in 2012 the number of cigarettes sold worldwide hit 850 billion mark testifying how prevalent the vice is rooted in our societies. However, some conservative communities have banned smoking of cigarettes and other products related to tobacco by implementing legislations that forbids such acts.1 World health organisation report of 2008 indicated that smoking was the number one cause of lung cancer and other chronic respiratory diseases among both active smokers and passive smokers. Despite numerous sensitisation campaigns by health organisations in various countries, the number of cigarettes sold annually has been steadily increasing over time irrespective of stringent tax measures on consumers to discourage their consumption due to health risks involved.2 This paper examines tobacco legal regulation development in the UK, Australia and Singapore. United Kingdom With the increase in the number of health complications that are associated with smoking the United Kingdom government has been advancing legal regulations that are aimed at curbing the use of tobacco products within its territory. Numerous state-sponsored campaigns have been carried out to sensitise the general public on the risks associated with those products, but much was not yielded statistics indicated an increasing number cigarettes sold despite the campaigns. It necessitated the government to change tact in order to address this issue as it seemed like a catastrophe in waiting since if the trend would continue the government would incur enamours expenses to cater for the health problems that will be occasioned by smoking, thus a number of legislations have been enacted to regulate the production, advertisement and consumption of these products to protect the society.3 The United Kingdom being a member state of the European Union and a signatory of the World Health Organisation has been enacting regulation meant to curb the sale and consumption of tobacco products to reduce the health effects that are related to those products. In 1962, the Royal College of Physicians highlighted the health complications that result from the consumption of tobacco products. The revelations came after an extensive research had been carried on chronic smokers. The college recommended that the government should institute regulations to curb the use of those products to protect consumers from health risks that most of them were not aware. Following the recommendation of the Royal College of Physicians the government in 1963 banned all television commercials that promoted or advertised tobacco products and especially cigarettes. There was uproar from the tobacco industry players citing the regulations as an infringement of freedom of speech. However, the government maintained its stance in implementing the directive. In the year 1971 the government engaged stakeholders from the tobacco industry to discuss emerging concerns that had been raised by different sectors regarding the manner their adverts were impacting the consumption trends of cigarettes. The engagement resulted in an agreement that directed cigarette packages to include a health warning that cautioned consumers about the health risks associated with the consumption of those products with the aim of sensitising consumers especially the youth on harmful effects of smoking.4 In 1991, the European Union enacted the TV without Frontier Directive of 1989 that prohibited all forms of tobacco advertisements in banners, internet, posters and direct mail. The directive took effect in the United Kingdom since it is a member state. It came as a revolutionary instruction that changed the manner in which tobacco industry players promoted their products to receive customer approval.5 At around that time, international campaigns were being initiated by health agencies to regulate the consumption of cigarettes. United Kingdom launched an anti-smoking initiative that include numerous paid television advertisement running in various television channels that castigated the idea of smoking by revealing the effects that cigarettes causes to human beings. In line with the developments that were taking shape all over the world in 2003, the UK government passed the UK Tobacco advertisement and promotion act of 2002 that had various provisions regulating tobacco advertisement and sponsorship of cultural events.6 All these measures were not meant to protect consumers from ill health diseases but not limit thriving of tobacco industry in the UK.7 Australia Australia has maintained a steady progress in curbing and regulating the advertisement and sale of tobacco products. Government has initiated efforts to regulate the tobacco industry especially from the ad perspective since it is from the advertisements that new consumers opt to try the products. In 1971, United States of America surgeon released a damning report on the health consequences that are caused by use of tobacco products citing health problems.8 The following year the federal government through its Ministry of health issues a directive that ordered tobacco manufacturers to put health warning label on cigarette packs to caution consumers about the imminent danger by requiring cigarette packs to have health warning information reading ‘smoking is a health hazard’ although sales continued to increase steadily. In 1975, the government officially banned all forms of tobacco advertisements on radio and television to reduce consumption of tobacco products.9 That same year Smoking and Tobacco products advertisement bill was introduced in the Western Australia Parliament but was defeated in the legislative council. Later on in 1987 the government introduced stronger health warning on cigarette packages under the Tobacco warning label regulation 1987. The rule stipulated that more content of a notice should be displayed on packs to highlight dangers cigarettes posed to consumers. Under this regulation the tobacco packs were to bear four warnings that include; ‘smoking causes lung cancer, smoking causes heart diseases, smoking damages lungs and smoking reduces fitness’. In 1990, the Tobacco Control Act of 1990 was passed by the Western Australian Parliament with the bill imposing stiffer penalties on firms that violated regulations governing the production and sale of tobacco. The act prohibited tobacco companies from distributing free samples of cigarettes or engaging in any form of competitions that involved smoking. Provisions of the law increased the tax payable by tobacco firms to discourage production and all manner of billboard advertisements, point of sale advertisements and display of tobacco products outside the selling premises.10 In 1997, the government through a directive barred tobacco companies from sponsoring any cultural or sporting events both local and international. Around that time tobacco firms were experiencing growing popularity among the people since they were the main sponsors of a number of sporting activities, it culminated to increase in the volume of sale since the brand got more followers. The year 2004 was marked by a significant twist in tobacco advertisement in Australia as the government implemented a directive that required all cigarette packs to have graphic warnings occupy 60% of the space of the packages.11 The Australian parliament introduced Tobacco product control bill to update and replace the provisions of the Tobacco control act of 1990. The bill was meant to streamline the previous law with the changes that have occurred in the business environment thus making it relevant to regulate modern business practices. In 2012, the government issued a directive that ensured that all tobacco products sold to be packaged in plain packs without any graphic content. The move further imposed more regulatory measures to the tobacco industry since advertisement on the packages was now limited hence limiting the consumer knowledge of the products.12 Singapore Singapore commenced its efforts to get rid of tobacco advertisements almost forty-five years ago. In 1970, the government enacted the Prohibition of advertisements related to smoking at of 1970 that banned any form of advertisements of tobacco products in Singapore. Later on more litigation was implemented that ensured no tobacco advertisements were done even in neon signs or casinos. All these came as a result of increased findings that related smoking to mouth and throat cancer that were perceived to be chronic illnesses of the time necessitating the government to take the measures to regulate smokers to sustainable numbers. Twenty years later tobacco products advertisements in foreign magazines were banned tightening further cigarettes advertisements restrictions.13 In 1993, the government passed an Act of parliament known as Tobacco (control of advertisement and sale) Act of 1993. That particular action had numerous provisions as a far as the sale and advertisement of cigarettes was concerned. It prohibited in totality open publication of any substance related to smoking within Singapore. The move meant cigarettes and shisha tobacco were prohibited from being advertised to the general public.14 Further, it directed that tobacco products should not be given away for free in the form of promotions or be used in any competition that involved the smoking of these products. That notwithstanding, a notice of prohibition of the sale of tobacco related products to minors should be displayed in all outlets where these goods are sold. It was meant to bring out a stern warning to business persons who engaged in the illegality of selling tobacco to people under the age of eighteen years.15 Conversely, the act directed that health warnings should be displayed in cigarette packs demonstrating the health effects of tobacco on the mouth, feet and lungs with the warning covering 50% on the front and back of the packs. Outlets dealing with cigarettes were required to adhere to certain regulations; first they were supposed to display one packets of each brand to consumers while the rest of the stock is kept away from sight.16. The showcase of cigarettes should be designated to one area in every particular outlet with each store allowed to have only one display area. Despite the above efforts, smoking still a big problem claiming thousands of lives yearly. In 2004, the government embarked on an anti-doping campaign meant to enlighten citizens on the health dangers associated with smoking with media advertisements and community education dominating the campaigns. Currently, the situation is under control because only regular consumers know existence of the products to ban of advertisements.17 Conclusion Ultimately, it is evident in all the aforementioned jurisdictions, respective governments have taken relevant measures meant to curb the advertisement and sale of tobacco related products in the interest of consumers. The measures were meant to tame manufacturers who produced, advertised and finally sold products to consumers without providing vital information on the imminent dangers of tobacco smoking to consumers. Contrastingly, the three countries enacted various tobacco regulation acts with a common objective of protecting consumers from ill health problems associated with smoking. Bibliography Goel, R. K., & Nelson, M. A., 2008. Global efforts to combat smoking an economic evaluation of smoking control policies. Aldershot, Hants, England, Ashgate Pub. Co. Available at: http://public.eblib.com/choice/publicfullrecord.aspx?p=438452. 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