Implementation of the FCTC ART. 13 Prohibition TAPS

1. Dorcas J. Kiptui Programme Officer, Division of NCD Focal Point Tobacco Control Ministry of Public Health & Sanitation, Kenya Implementation of the FCTC ART. 13Prohibition TAPS

2. 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

3. 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,

4. 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

5. 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;

6. 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

7. TCA definition/provisions Advertisement 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;

8. 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

9. Branding

10. Branding on walls before after

11. 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;

12. 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

13. Point of sale advertising

14. Promotional material at point of sale

15. Print media/ Price promotion

16. Point of sale stacking

17. 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.

18. Child appealing Characters

19. 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.

20. 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

21. 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.

22. 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.

23. 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

24. Achievements • FCTC Ratification • FCTC domestication through legislation • TOTAL BAN On TAPS Results • 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

25. 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

26. Recommendation • Total ban is the way to succeed as partial bans are difficult to monitor and are Ineffective • Use the FCTC definitions and G/lines • Include cross border bans on TAPS Cover future technologies • CSOs key role in monitoring and surveillance • Ban to apply on TAPS of ALL tobacco Products

27. Kongoi AsanteThank you MerciGracias ObrigadaJai-rruh-jef