Dorcas J. KiptuiProgramme Officer, Division of NCD

Focal Point Tobacco Control Ministry of Public Health & Sanitation, Kenya

Rationale for Art. 13 It is a non Price measure to reduce

tobacco consumption Evinced based establishment of causal

relationship between TAPS and tobacco consumption

TAPS encourages youth to experiment on tobacco products & initiate regular use

Reduce motivation to quit Promotes defaulting among smokers

who have quit

FCTC Art 13 Parties to recognize that a comprehensive ban

on advertising, promotion and sponsorship would reduce the consumption of tobacco products

Each Party shall,.. undertake a comprehensive ban of all tobacco advertising, promotion and sponsorship. This

shall include, subject to the legal environment and technical means available to that Party, a comprehensive ban on cross-border advertising, promotion and sponsorship within the period of five years after entry into force of the Convention for that Party,

Article 5.3 recommends

Ban on donation, funds, gifts, services from tobacco interest groups and inclusion on govt committees and advisory bodies involved in TC

Government to regulate activities described as “socially responsible” by TI including CSR

FCTC Definition

“tobacco advertising and promotion” means any form of commercial

communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly;

“tobacco sponsorship” means any form of contribution to any

event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly;

Forms of advertising Direct Ad – billboards,

TV, Radio, Print media Merchandising /brand

stretching– umbrellas, t-shirts, caps, lighters, matches, sweets

Packaging – brand imagery

Product placement – film, movies, Tv pgms, car race

Sponsoring events – sports, music, fairs, individuals, entity

Point of sale – wall, stacking, posters, dummies

Free samples Coupons Marketing – events ,

participatory promotions, discounts, brand promo

CSR – Prevention pgms, social amenities

TCA definition/provisionsAdvertisement any statement, communication, representation or

reference aimed at the public and designed to promote or publicise a tobacco product or encourage its use, or draw attention to the nature, properties, advantages or uses of the product;

includes:

the use, in any advertisement or promotion aimed at the public, of a tobacco product manufacturer’s company name where the name or any part of the name is used as, or is included in a tobacco product trade mark;

product stacking and product displays of any kind or size;

Total Ban on Advertising

on any medium of electronic, print or any other form of communication

Ads that depicts, in whole or in part, a tobacco product, its package or a brand element or one that evokes a tobacco product or element

lifestyle advertising

Branding

Branding on walls

before after

Promotion

“promotion” means a representation, including an advertisement, whether direct or indirect, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviour about the product or service, or that is intended to or has the effect of inducing consumers to use tobacco products, underestimate the dangers of tobacco consumption, or create recognition of or goodwill for the tobacco manufacturer;

Total Ban on Promotion

packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects, health hazards or social effects of the tobacco product or its emissions

Point of sale advertising

Promotional material at point of sale

Print media/ Price promotion

Point of sale stacking

Total Ban Promotion

testimonial - the depiction of a person, character or animal, whether real or fictional, including literary, dramatic, musical, cinematographic, educational or artistic works, productions or performances that use or depict a tobacco product or a tobacco product-related brand element, whatever the mode or form of its expression, shall be considered to be a testimonial for, or an endorsement of the product.

Child appealing Characters

Ban tobacco related gifts/tokens

offer or provide any consideration, whether directly or indirectly, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, lottery or contest

furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service;

furnish an accessory that bears a tobacco

product-related brand element without monetary consideration or in consideration of a product or service or the performance of a service.

Ban on Cross border Advertising No person shall, on behalf of another

person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part

No person shall, by means of a publication that is published outside Kenya, or a broadcast that originates outside Kenya, or any other communication that originates outside Kenya, promote any tobacco product or disseminate promotional material that contains a tobacco-related brand element in a manner that is contrary to the requirements of the TCA

Total Ban on Sponsorship

by means of organizing, promoting or sponsoring a sporting, cultural, artistic, recreational, educational or entertainment programme, event or activity;

or

promote a tobacco product at any sporting, cultural, artistic, recreational, educational or entertainment event or activity;

or

advertise tobacco or a tobacco product by means of organizing, promoting or sponsoring trade fairs, exhibitions, shows or any other events.

Total Ban Brand Stretching The name of a manufacturer or tobacco

product related brand name may only appear on a permanent facility if such facility is owned or leased and used by the manufacturer.

No manufacturer, distributor or retailer shall manufacture, distribute or sell an accessory that displays a tobacco product-related brand name or the name of the manufacturer.

display a tobacco brand element on a non-tobacco product.

furnish or promote non-tobacco products bearing tobacco-related brand names.

Penalties Promotion of tobacco product or

tobacco related brand element – Ksh. O.5M/3yrs imprisonment or both

Sponsorship - Ksh. O.5M/3yrs imprisonment or both

Brand element on non tobacco product - KSh 150k/6months or both

Free/gifts/token Ksh. 1million, 6months or both

Cross border Ads – KSh.3M/3yrs imprisonment or both

Achievements FCTC Ratification FCTC domestication through legislation TOTAL BAN On TAPSResults No overt Advertising Marked reduction in consumption among

adults TI is now behind the scenes No more misinformation/ No more CSR= changing public perception of

TI Reduced introduction of new products Failed attempts for new market by foreign

traders

Challenges Understanding of TAPS Subtle TAPS Monitoring Cross border TAP media Internet TAP Endorsement by senior Officials,

opinion leaders Lack resources to implement counter

ads

RecommendationTotal ban is the way to succeed as partial bans are difficult to monitor and are IneffectiveUse the FCTC definitions and G/linesInclude cross border bans on TAPS Cover future technologiesCSOs key role in monitoring and surveillanceBan to apply on TAPS of ALL tobacco Products

Kongoi Asante

Thank you Merci

Gracias Obrigada

Jai-rruh-jef