Full Implementation of FCTC Article 13- Prohibiting Tobacco Marketing at the Point of Sale in Brazil


Credit: Tobaccofreenys.org


Other Group Members: Yasthil Jaganath, Angela Silverira

In Latin America alone, more than 370,000 people die every year from diseases caused by tobacco use. Tobacco companies use deceptive and predatory marketing practices to increase consumption of their products. This is most evident through their use of tobacco advertising, promotion, and sponsorship (TAPS) initiatives at the point-of-sale (POS). Article 13 of the World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC) calls for a comprehensive ban on all forms of TAPS, including the retail display of tobacco products. However, some countries implement only partial bans. Numerous studies have demonstrated that exposure to TAPS increases the likelihood that youth will begin smoking.

In Brazil, tobacco POS advertising and promotion are prohibited, except for product displays (Law No. 9.294; Law No. 12.546). The law currently prohibits “commercial advertising” of tobacco products, with the sole exception of the display of tobacco products at POS.

The Ministry of Health (MOH) needs to fight for a comprehensive ban of all tobacco marketing at the POS, including display of products. Instituto Nacional De Cancer Jose Alencar Gomes Da Silva (INCA), within the MOH coordinates National Tobacco Control programs and supports the full implementation of article 13. However, the Tobacco Industry (including major tobacco manufactures in Brazil like Souza Cruz), continue to publicly state that their marketing is not aimed at youth and a comprehensive ban is not necessary. Nonetheless, there is substantial evidence that youth targeted marketing schemes still occur (i.e. placement of tobacco products near toys/candy, cartoons on cigarette packs, etc.).

To continue to discredit and block the tobacco industry’s harmful marketing tactics, the MOH should fully implement article 13. There should be increased efforts targeted toward enforcing the current ban and ensure that retailers not heeding to the policy are reprimanded through fines or an equally alternative penalty.


3 Responses to “Full Implementation of FCTC Article 13- Prohibiting Tobacco Marketing at the Point of Sale in Brazil”

  1. euijaekim Says:

    Thank you very much for your sharing! I agree with your point that there is no doubt to continue to discredit and block tobacco marketing from young people. According to some research, almost 90 percent of all regular smokers begin their smokings at or under age 18. By the marketing effort of cigarette companies, each day about 4,000 young people try smoking for the first time, and another 1,000 youths become regular smokers. These figures are not good for our society and future. As the one who used to smoke, I suggest regularly educating young people about smoking in home and school level. I believe that educating youth will have the greatest impact. By the education, young people are able to have more reasonable thinking and can bear their smoking impulse from tobacco companies’ marketing. Strictly saying no to teen smoking would be a good example. Saying that it is not an option to choose whether to smoke but is a obligation to follow the smoking related law. Adults need to educate young people that smoking is not allowed by the law. In addition, youth smoking has a clear relationship with parents smoking. Hence, efforts from adults not to smoke should be followed to prohibit young people from smoking.I also attach some interesting links which support youth tobacco prevention.


  2. habeebahoguntade Says:

    I really enjoyed reading your post. Tobacco use is indeed a global issue that impacts many people all over the world. Advertising, as you mentioned does play a significant role on the prevalence of tobacco use especially among the youth. Although, government officials of many countries are aware of the health effects of smoking, many of them only implement a partial ban. A subsequent issue that arises from such partial bans is lack of enforcement and regulation. You post reminds me of my experience in studying tobacco control in Jordan. As of 2008, tobacco use was officially banned in public places in Jordan. However, people still continue to smoke in public places like which leads to increase second and third hand smoking. While I was conducting preliminary research in Jordan, I was specifically interested in the public transportation sector, so I focused on Taxis. Through various conversations with taxi drivers and passengers, I learned that lack of enforcement is one of the reasons why people still smoke within the public transportation sector. You mentioned that there should be increased efforts targeted toward enforcing the current ban in Brazil and to ensure that those who don’t abide by the policy are reprimanded accordingly. I totally agree with you because people will be more likely to abide by the rules if they are cognizant of consequence of not following such rules.

  3. Leona Cassiani Says:

    Thank you for your post! This is an interesting topic that is definitely a problem for Brazil, as you pointed out. If my understanding is correct, even POS has been banned, since December 2011, and the only exception is the “display of the packs themselves.”

    I agree with your conclusion—that enforcement needs to be done to prevent POS advertising. It looks like the Agência Nacional de Vigilância Sanitária does this monitoring, but the problem is still rampant, as you mentioned. The level of enforcement needed to take on this sort of problem is so much, as you pointed out.

    Another area of concern for me related to cigarette smoking, especially for adolescents is the illegal market. As this article explains, since the higher taxes on tobacco products have been implemented, people have chosen to use the illegal market to get cigarettes. http://tobaccocontrol.bmj.com/content/26/1/53

    I also think it’s really important for us to come up with alternatives to smoking for young people. I think this shows a great example of using something like soccer to deter youth from smoking and drugs. https://thinkprogress.org/how-a-soccer-field-in-brazil-probably-saved-a-boys-life-79ddb6b2debb#.qyu1mthws

    Your group has a very interesting post and you all bring up good points!

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