Tobacco industry access to policy elites and the implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control

Abstract

IntroductionArticle 5.3 WHO Framework Convention on Tobacco Control (FCTC) aims to prevent tobacco industry interference with public health policy. The degree of protection depends on several factors: the interpretation of Article 5.3 by governments; the presence of codes of practice; and the effectiveness of industry lobbying versus public health advocacy. We examine these factors with reference to the Dutch government’s interpretation of Article 5.3.MethodsWe searched the Dutch Tobacco Industry Special Collection, part of the Truth Tobacco Industry Documents archive, containing more than 1100 Dutch government documents.ResultsBetween 2007 and 2012, under consistent pressure from the industry, an initial strict view of Article 5.3 gave way to increased contact with the industry. The industry tried to shift the governance of tobacco policy back to the Ministry of Economic Affairs. Around 2010, Dutch public health advocates began to use Article 5.3. Efforts included naming and shaming government contact with the industry, parliamentary questions about industry–government contact, a report outlining how Article 5.3 should be observed and, most importantly, a court case. In response to this, the government produced a formal code of practice, which was used to prevent industry involvement in the development of a new National Prevention Accord.DiscussionThe Dutch government’s initial decision not to codify Article 5.3 created an administrative environment in which health ministers’ interpretation of Article 5.3 was able to shift according to their political beliefs. The findings support the recommendation that Parties to the FCTC take a strict approach and formally codify Article 5.3 to ensure effective implementation.

‘They have a right to participate as a stakeholder’: Article 5.3 implementation and government interactions with the tobacco industry in Ethiopia

“…Despite the strategic significance attached to Article 5.3 and its associated guidelines requiring parties to protect tobacco control policy from industry interests, its implementation has generally been weak5 and there is a dearth of detailed qualitative analyses of the policy challenges of tobacco control governance confronting policymakers and officials. While such research in high-income country contexts has been limited,6 7 the absence of such studies in regions confronting the most serious challenges is striking. This is particularly the case in sub-Saharan Africa, despite the rapid expansion of the tobacco industry across the region 8 9.…”

An analysis of key stakeholder policy perspectives in the proposed e‐cigarette regulations in New Zealand

“…Engagement in tobacco control policy has previously been inaccessible to the tobacco industry through the WHO FCTC Article 5.3, which stipulates that parties must protect public policy from the tobacco industry 26 . Research indicates that the implementation and enforcement of Article 5.3 varies widely between signatories 46 . Public consultation through submissions to parliament is an important tool in collecting perspectives from an array of stakeholders and our study highlights this variation.…”

“…26 Research indicates that the implementation and enforcement of Article 5.3 varies widely between signatories. 46 Public consultation through submissions to parliament is an important tool in collecting perspectives from an array of stakeholders and our study highlights this variation. Our study also underscores that whilst e-cigarette regulation is a relatively new public health concern, the industry continues to employ strategies from its own playbook to lobby for weaker restrictions.…”

Economic resilience and sustainable agripreneurship in tobacco value chains: A case of small-scale farmers in Gokwe district, Zimbabwe

“…According to Mwimo et al (2016) in a study conducted in Tanzania's Urambo district, the major challenge in enhancing the value chain was the capital shortages and traditional primitive and backward farming methods. This is very common in most African countries that engage in agricultural activities for example in a comparative study between Malawi and Zimbabwe the issues along the value chain mainly hinged on the practices adopted by the leaf merchant companies on the auction floor that had formed a cartel and also the marketing arrangements (Willemsen & Fooks, 2019). Exposure to adequate knowledge about the value chain proved to be a major challenge to the rural smallscale farmers hence they mainly focused on exporting raw tobacco.…”