If the world is going to permit organizations to exist for the purpose of
promoting consumer products that used as intended cause death and disease,
then it at least ought to establish meaningful restraints on how those
organizations can operate.
That is the modest premise underlying an initiative by the World Health
Organization (WHO) to create a Framework Convention on Tobacco Control
(FCTC).
WHO member countries unanimously agreed in 1999 to launch negotiations on
a global tobacco treaty. If adopted, the FCTC will constitute the first
treaty negotiated through the WHO. The second round of formal negotiations
over the treaty are underway this week in Geneva.
WHO predicts that by 2030, 10 million people will die annually from
tobacco-related disease, with 70 percent of those deaths in developing
countries. That's a lot of blood on the hands of the Big Tobacco companies
that aggressively cultivate new smokers, manipulate their product to keep
smokers addicted and work to circumvent public health and taxation systems
that would deter smoking.
The Framework Convention could make an enormous contribution to stemming
the global tobacco epidemic by fostering international cooperation on
issues such as smuggling and the global marketing of tobacco products.
A proposed smuggling protocol should involve a system of tracking
cigarette exports, including labels indicating the intended final
destination. Cigarette smuggling is at epidemic levels -- an estimated one
in three internationally traded cigarettes is smuggled -- and newly
emerging evidence from company documents suggests the tobacco industry is
facilitating, encouraging or even directing smuggling on a massive scale.
Smuggling allows tobacco companies to evade excise taxes, which in most
countries make up a considerable portion of the consumer price -- and
which deter smoking by keeping prices up.
A marketing protocol should impose a worldwide ban on cigarette
advertising and marketing, or at least require countries to adopt
prohibitions on tobacco advertising to the extent permitted under their
national constitutions.
But even though the tobacco control movement has effectively vilified Big
Tobacco in the last several years, the multinational companies remain
enormously powerful, and they are pursuing varied strategies to undermine
an effective international treaty.
The biggest and slickest of the companies, Philip Morris, claims to have
turned over a new leaf. Philip Morris now says it supports a tobacco
treaty.
"It is time for regulation," says David Greenberg, Philip Morris
International's senior vice president for corporate affairs. "The company
is ready to embrace regulation around the world whether by international
institutions and/or at the national level."
"We'd like to see a convention have as broad a reach as possible,"
Greenberg says, "so we know what the rules are."
Philip Morris would support treaty provisions on youth smoking prevention,
information to adult smokers, ingredient disclosure, disclosure of the
constituents of tobacco smoke, marketing standards and smuggling. The
company also supports government regulation of the tobacco product itself,
so that cigarettes can be "made as safe as they can be," Greenberg says.
A "cooperative" Philip Morris may be at least as dangerous as an
obstructionist one, if it is able to influence the negotiating process and
shift the treaty away from aggressive measures. For example, Philip Morris
supports restrictions on broadcast advertising of tobacco products, bans
on the use of cartoons in cigarette ads and prohibitions on the placement
of advertisement in locations with a "particular appeal to minors" --
measures that many activists believe to be of little value, because they
can be easily circumvented and leave so many marketing opportunities open
to the tobacco pushers. Philip Morris says it strongly opposes a total
marketing ban, which has proven public health benefits.
Where once the major risk in the FCTC process seemed to be that no treaty
would emerge, activists are increasingly concerned that the main danger is
that the treaty that emerges may not be worth much.
"This is the week when we will find out if governments are simply making
gestures or if they have the guts to take on the tobacco industry and
really deal with the world's biggest public health epidemic," says Clive
Bates, of ASH UK. "The danger is that too many governments and the WHO
just want a treaty and any treaty will do."
But any treaty will not do. A strong treaty could meaningfully assist the
heroic efforts of the understaffed tobacco control activists in developing
countries and the former Eastern bloc who are trying to stem the
preventable death toll from tobacco-related disease.
"The overturning in the courts of the EU ban on tobacco advertising last
year has stopped Czech tobacco control legislation from coming to
fruition, and the tobacco industry is doing very strong and systematic
lobbying of our politicians," explains Eva Kralikova of the Czech Medical
Association. "This is why we need a strong FCTC -- as a defense against
back-sliding in the West and to help us get tough national tobacco control
policies implemented as soon as possible."
By contrast, a weak treaty will enable the tobacco predators to continue
unimpeded in their determined efforts to spread death and disease, with
horrific consequences in the countries least well equipped to protect the
public health from Big Tobacco's organized onslaught.
Russell Mokhiber is editor of the Washington, D.C.-based Corporate Crime
Reporter. Robert Weissman is editor of the Washington, D.C.-based
Multinational Monitor, and co-director of Essential Action, a corporate
accountability group. They are co-authors of Corporate Predators: The
Hunt for MegaProfits and the Attack on Democracy (Monroe, Maine: Common
Courage Press, 1999).
(c) Russell Mokhiber and Robert Weissman
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