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Originally published in healthmatters issue 33, Spring 1998, page 4
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Introduce tobacco advertising ban early, government told

Anti-smoking organisations have urged the government to drive home its offensive against tobacco companies by banning cigarette advertising and sponsorship ahead of the timetable laid down by the European Parliament. And campaign group Action on Smoking and Health (Ash) has called for chief executives of tobacco companies that flout anti-tobacco laws to be fined severely, banned from holding directorships or jailed.

In May, the European Parliament voted by 314 votes to 211 to introduce a directive ending tobacco advertising in cinemas and on billboards within three years and in newspapers and magazines within four. According to the directive, sponsorship of sporting and cultural events must be phased out within five years, except for Formula One racing and other ‘world events’, which will be given eight years.

Previous attempts to introduce a directive banning tobacco advertising were made on a number of occasions – the first in 1989 – but until this year were blocked by the UK Conservative government.

In a letter to public health minister Tessa Jowell, Ash has called for all tobacco sponsorship and advertising in the UK to be banned by 31 December 1999 — years ahead of the schedule set by the EU.

Sponsorship of sports and the arts should then be allowed to continue until 2003 only on a ‘case by case’ basis, it added. This would give the government a ‘strong bargaining hand’ and avoid a free for all during the phasing out period when the current voluntary agreements might ‘cease to function adequately’, explained Ash director Clive Bates.

Ash also warned of the dangers of leaving the policing of any new legislation to the voluntary sector, and suggested that it should become one of the duties of Trading Standards Officers or other authorities. Threatening tobacco companies with fines would also be ineffective, as they would simply pay and continue.

‘If, however, the offences apply to the chief executives of the tobacco company and the penalties were severe fines, custodial or involved disqualification as a director, there would be an incentive for the companies to interpret the law cautiously,’ Bates said.

In a separate statement, the BMA – pointing out that 450 children continue to take up smoking every day – called for a ‘tighter timetable’ for implementing the ban in the UK. ‘Only secondary legislation will be required to introduce prompt and immediate action,’ BMA science and research advisor Bill O’Neill said.

Cancer Research Campaign director of education Jean King also called for the ‘earliest possible introduction of the advertising ban in the UK’. Studies by the CRC had confirmed the role that advertising plays in the decision by children to take up smoking, she said.

Frank Chalmers

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