World Health Organization Framework Convention on Tobacco Control
The World Health Organization Framework Convention on Tobacco Control (abbreviated WHO FCTC) is a treaty adopted unanimously by the 56th World Health Assembly on May 21, 2003.[1] It became the first World Health Organization treaty adopted under article 19 of the WHO constitution.[2] The treaty came into force on February 27, 2005.[3] It had been signed by 168 countries and is legally binding in 154 ratifying countries representing over 3 billion people.[3] Notable non-parties are Russia (which has not signed the treaty) and the United States (which have signed but not ratified the treaty).[4]
The objective of the treaty is "to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke."[1] To this end, the treaty provides a framework of national, regional and international tobacco control measures, including the setting of broad limits on the production, sale, distribution, advertisement, taxation, and government policies towards tobacco.
The United States has sought to change certain provisions of this treaty, but with limited success.[2] Among the provisions opposed successfully were a mandatory ban on the distribution of free tobacco samples (which is now optional), a narrow definition of the term "minor" regarding the sale of tobacco (which now refers to domestic or national law) and broad limitations concerning the tobacco advertising, promotion and sponsorship (which were seen as violating free speech, and are now subject to constitutional limitations). Among the provisions unsuccessfully opposed by the U.S. were the requirement for warning labels to be written in the language of the country where the tobacco products are being sold, and the ban on deceptive and misleading descriptions such as "low tar" or "ultra-light", which might infringe on trademark protections.
Requirements
Significant provisions of the treaty require that parties implement the following measures:
| Topic | Measure | Articles |
|---|---|---|
| Demand reduction | Tax and other measures to reduce tobacco demand. | Article 6 & 7 |
| Passive smoking | Obligation to protect all people from exposure to tobacco smoke in indoor workplaces, public transport and indoor public places. | Article 8 |
| Regulation | The contents and emissions of tobacco products are to be regulated and ingredients are to be disclosed. | Article 10 |
| Packaging and labeling | Large health warning (at least 30% of the packet cover, 50% or more recommended); deceptive labels ("mild", "light", etc.) are prohibited. | Article 9 & 11 |
| Awareness | Public awareness for the consequences of smoking. | Article 12 |
| Tobacco advertising | Comprehensive ban, unless the national constitution forbids it. | Article 13 |
| Addiction | Addiction and cessation programs. | Article 14 |
| Smuggling | Action is required to eliminate illicit trade of tobacco products. | Article 15 |
| Minors | Restricted sales to minors. | Article 16 |
| Research | Tobacco-related research and information sharing among the parties. | Articles 20, 21, & 22 |
References
- ↑ 1.0 1.1 "WHO Framework Convention on Tobacco Control (WHO FCTC)". WHO. Retrieved 2008-04-30.
- ↑ 2.0 2.1 "Adoption of Framework Convention on Tobacco Control". American Journal of International Law. 97 (3): 689–691. 2003. Unknown parameter
|month=ignored (help) - ↑ 3.0 3.1 "Updated status of the WHO Framework Convention on Tobacco Control". WHO. Retrieved 2008-04-30.
- ↑ "WHO Member States (by regions) that are NOT parties to the WHO Framework Convention on Tobacco Control". WHO. Retrieved 2008-04-30.